[Amended 4-1-1980 by L.L. No. 2-1980; 11-21-2006 by L.L. No.
11-2006]
A.
A Bureau of Fire Prevention in the Fire Department
of the Village of Floral Park is hereby established, which shall be
operated under the supervision of the Fire Council of the Fire Department
of the Village of Floral Park, subject to approval by the Board of
Trustees of the Incorporated Village of Floral Park.
B.
The Fire Council of the Fire Department of the Village
of Floral Park shall designate such number of inspectors as shall,
from time to time, be deemed advisable, subject to approval by the
Board of Trustees of the Incorporated Village of Floral Park. All
such inspectors shall be qualified and certified as code enforcement
officers under the New York State Uniform Fire Prevention and Building
Code ("New York State Uniform Code").
C.
In the event that such inspectors designated are not
approved by the Board of Trustees, the Fire Council shall submit the
names of other persons to be designated as inspectors other than those
disapproved.
D.
The Chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Superintendent of Buildings of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
A.
It shall be the duty of the officers of the Bureau
of Fire Prevention to enforce all laws and ordinances of the state,
county and Village covering the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and
other fire alarm systems and fire-extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit in case of fire from
schools, hotels, lodging houses, asylums, hospitals and churches.
(6)
Investigation of cause, origin and circumstances of
each fire.
B.
They shall have such other power and perform such
other duties as are set forth in other sections of this ordinance
and as may be conferred from time to time by law. The Chief Engineer
of the Fire Department of the Village of Floral Park may, with the
approval of the Fire Council, delegate any of the power or duties
of the Chief Engineer of the Fire Department under this ordinance
to any inspector or inspectors designated by such Fire Council. Neither
the Chief Engineer nor such inspector or inspectors so designated
shall receive any compensation whatsoever. The Chief Engineer of the
Fire Department and all inspectors shall be qualified and certified
as a code enforcement officer under the New York State Uniform Code.
It shall be the duty of the Chief Engineer of
the Fire Department to investigate and to recommend such additional
ordinances, or amendments to existing ordinances, as he may deem necessary
for safeguarding life and property against fire.
The Chief Engineer of the Fire Department shall
prepare instructions for the inspectors and forms for their use in
the reports required by this ordinance.
The Bureau of Fire Prevention shall investigate
the cause, origin and circumstances of every fire occurring in the
Village by which property has been destroyed or damaged, and, so far
as possible, shall determine whether the fire is the result of carelessness
or design. Such investigations shall be begun immediately upon the
occurrence of such a fire. If it appears to the officer making such
investigation that such fire is of suspicious origin, the Chief Engineer
of the Fire Department shall be notified immediately, shall take charge
immediately of the physical evidence, shall notify the proper authorities
designated by law to pursue the investigation of such matters, shall
further cooperate with such authorities designated by law to pursue
the investigation of such matters, shall further cooperate with such
authorities in the collection of evidence and in the prosecution of
the case. The report of every fire shall be made in writing and filed
in the office of the Clerk of the Village of Floral Park within three
days after the occurrence of the same. Such report shall be in such
form as shall be prescribed by the Chief Engineer of the Fire Department,
and shall contain a statement relating to the cause, origin, and circumstances
of such fire, the extent of damage, the insurance upon such property,
and such other information as may be required.
The Chief Engineer of the Fire Department or
an inspector duly appointed as hereinbefore provided shall inspect
as often as may be necessary, but not less than four times a year,
all specially hazardous manufacturing processes, storages or installations
of acetylene or other gases, chemicals, oils, explosives and inflammable
materials, and all interior fire alarms and automatic sprinkler systems
and such other hazards or appliances as the Chief Engineer of the
Fire Department shall designate and shall make such orders as may
be necessary for the enforcement of the laws and ordinances governing
the same and for the safeguarding of life and property from fire.
A.
It shall be the duty of the Chief Engineer of the
Fire Department to inspect or cause to be inspected by the Bureau
of Fire Prevention or by the Fire Department inspectors, in the Village
of Floral Park all buildings, premises and public thoroughfares, except
the interiors of private dwellings, for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire, or
any violation of the provisions or intent of any ordinance of the
Village affecting any fire hazard. With respect to areas of public
assembly or multiple dwellings, such inspections shall be conducted
at least once per year. All nonresidential occupancies shall be inspected
not less than once every three years.
B.
If the Chief Engineer of the Fire Department or any
inspector duly appointed as hereinbefore provided shall find in any
building or upon any premises or any other place, combustible or explosive
matter or dangerous accumulations of rubbish, or unnecessary accumulations
of wastepaper, boxes, shavings or any highly inflammable material
especially liable to fire, and which is so situated as to endanger
property or shall find obstructions to any fire escapes, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire, or in case such
Chief Engineer or one of his inspectors duly appointed, shall find
any building or structure, which for want of repairs, lack of sufficient
fire escapes, or by reason of which lack of conditions, or from any
other cause is especially liable to fire and is so situated as to
endanger property and the occupants thereof, or shall find in any
building combustible or explosive matter or inflammable conditions
dangerous to the safety of such building or the occupants thereof,
he shall order the same to be removed or remedied within 24 hours.
Unless such order is complied with, the Chief Engineer of the Fire
Department shall report such violation to the Mayor, who shall cause
the owner or occupant to be prosecuted in the proper court for violation
of any ordinance of the Village of Floral Park or any law of the State
of New York, of which violation such owner or occupant may be guilty.
If, in the opinion of such Chief Engineer of the Fire Department or
such Fire Department inspector or Mayor, the act or neglect of such
owner or occupant does not constitute a violation of any ordinance
of the Village of Floral Park or any law of the State of New York,
such Chief Engineer of the Fire Department or Fire Department inspector
or Mayor shall bring to the attention of the Board of Trustees of
the Village of Floral Park at its next meeting the facts, circumstances
and conditions in connection with such act or neglect.
C.
The service of any order mentioned in this ordinance
may be made upon the occupant of the premises to whom it is directed
either by delivering a copy of the same to such occupant personally
or by delivering the same and leaving it with any person in charge
of the said premises or, if no such person is found upon the premises,
by affixing a copy thereof in a conspicuous place on the front door
of said premises. If, however, it may be necessary to serve such order
upon the owner of the premises, such order may be served either by
delivering to and leaving with such owner a copy of such order or,
if such owner is absent from the Village, by mailing a copy of such
order to the owner's last known address.
D.
Firesafety inspections.
(1)
Firesafety inspections of buildings and structures
shall be performed by the Chief Engineer of the Fire Department or
an inspector designated by the Chief Engineer of the Fire Department
at the following intervals:
(a)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(b)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(c)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection D(1)(a) or (b) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection D(1)(a) or (b) of this section, shall be performed at least once every 12 months.
(2)
In addition to the inspections required by this section,
a firesafety inspection of any building, structure, use, or occupancy,
or of any dwelling unit, may also be performed by the Chief Engineer
of the Fire Department or an inspector designated by the Chief Engineer
of the Fire Department at any time upon the request of the owner of
the property to be inspected or an authorized agent of such owner;
receipt by the Chief Engineer of the Fire Department of a written
and signed statement alleging that conditions or activities failing
to comply with the New York State Uniform Code exist; or receipt by
the Chief Engineer of the Fire Department of any other information
reasonably believed by the Chief Engineer of the Fire Department to
be reliable, giving rise to reasonable cause to believe that conditions
or activities failing to comply with the Uniform Code exist; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such order
or warrant shall have been obtained. Nothing in this section or in
any other provision of this local law shall supersede, limit or impair
the powers, duties and responsibilities of the New York State Office
of Fire Prevention and Control ("OFPC") and the New York State Fire
Administrator under Executive Law § 156-e and Education
Law § 807-b. Notwithstanding any other provision of this
section to the contrary:
(a)
The Chief Engineer of the Fire Department or a designated
inspector shall not perform firesafety and property maintenance inspections
of a building or structure which contains an area of public assembly
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(b)
The Chief Engineer of the Fire Department or a designated
inspector shall not perform firesafety and property maintenance inspections
of a building or structure occupied as a dormitory if OFPC performs
firesafety and property maintenance inspections of such building or
structure at least once every 12 months;
(c)
The Chief Engineer of the Fire Department or a designated inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection D(1)(a) or (b) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection D(1)(c) of this section; and
(d)
The Chief Engineer of the Fire Department or a designated inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection D(1)(a) or (b) of this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection D(1)(c) of this section.
(3)
The fee specified by the Board of Trustees must be
paid prior to or at the time each inspection is performed pursuant
to this section, except inspections performed by OFPC.
It shall be the duty of the Chief Engineer of
the Fire Department to require the principal, teachers or other persons
in charge of public, private or parochial schools and educational
institutions within the Village of Floral Park having more than 100
pupils or maintained in a building two or more stories high to instruct
and train the pupils by means of drills so that they may in a sudden
emergency be able to leave the school building in the shortest possible
time and without confusion or panic. Such drills or rapid dismissals
shall be held at least 12 times in each school year, eight of which
required drills shall be held between September first and December
first of each such year. At least 1/3 of all such required drills
shall be through use of the fire escapes on buildings where fire escapes
are provided, and signals for such drills shall be separate and distinct
from signals used for drills through corridors and stairways. It shall
be the duty of the person in charge of said buildings to keep all
doors and exits unlocked during school hours.
Between the 20th day of February and the first
day of March in each year, the annual report of the Bureau of Fire
Prevention shall be made and filed in the office of the Clerk of the
Village of Floral Park. It shall contain a record of all proceedings
under this ordinance with a list of such statistics as the Chief Engineer
of the Fire Department shall include therein.
Any person being the owner or occupant, lessee or otherwise in charge or control of premises subject to an order made pursuant to the foregoing sections who shall fail or refuse to comply with such order within the time therein specified or, if no time is specified, within a reasonable time shall be liable for a fine as provided in § 32-14 of Chapter 32 hereof for each offense and in addition shall be adjudged a disorderly person as provided in § 32-1 of Chapter 32 hereof.
A.
A conviction under this section or the payment of
a fine or penalty shall not excuse a continuance of the condition
specified in the order, and a failure to remedy the condition shall
constitute a new violation without the issuance or service of any
further order and shall be prosecuted and punished as a separate offense.
In addition to the penalties herein prescribed, the provisions of
this section may be enforced by civil action for an injunction or
otherwise to abate such violation as a public nuisance, and such civil
remedy shall be cumulative.
B.
Nothing herein contained shall be construed as requiring
the making or service of an order or other notice as a condition precedent
to the prosecution of a violation of any other ordinance or section
hereof.
A.
Activities or categories requiring operating permit.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1(1),
2703.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR Section 1225.1;
(b)
Hazardous processes and activities, including
but not limited to, commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Board of Trustees.
(2)
Any person who proposes to undertake any activity
or to operate any type of building listed in this subdivision shall
be required to obtain an operating permit prior to commencing such
activity or operation.
B.
An application for an operating permit shall be in
writing on a form provided by or otherwise acceptable to the Chief
Engineer of the Fire Department. Such application shall include such
information as the Chief Engineer of the Fire Department deems sufficient
to permit a determination by the Chief Engineer of the Fire Department
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Chief Engineer of the Fire Department
determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the
Chief Engineer of the Fire Department, at the expense of the applicant.
C.
The Chief Engineer of the Fire Department or an inspector
authorized by him or her shall inspect the subject premises prior
to the issuance of an operating permit.
D.
In any circumstances in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Chief Engineer of the Fire Department may require a separate operating permit for each such activity, or the Chief Engineer of the Fire Department may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Operating permits shall be issued for such period
of time, not to exceed one year in the case of any operating permit
issued for an area of public assembly and not to exceed three years
in any other case, as shall be determined by the Chief Engineer of
the Fire Department to be consistent with local conditions. The effective
period of each operating permit shall be specified in the operating
permit. An operating permit may be reissued or renewed upon application
to the Chief Engineer of the Fire Department, payment of the applicable
fee, and approval of such application by the Chief Engineer of the
Fire Department.
F.
If the Chief Engineer of the Fire Department determines
that any activity or building for which an operating permit was issued
does not comply with any applicable provision of the Uniform Code,
such operating permit shall be revoked or suspended.
G.
The fee specified by the Board of Trustees must be
paid at the time of submission of an application for an operating
permit or for reissue or renewal of an operating permit.
