[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook as Ch. 9, Art. II, of the 1967 Code of Ordinances. Amendments
noted where applicable.]
A Bureau of Fire Prevention in the Fire Department of the village
is hereby established, to be operated under the supervision of the
Fire Council of the Fire Department of the village.
[Amended 7-12-1976 by L.L. No. 8-1976]
The Bureau of Fire Prevention shall perform the duties and exercise
the powers delegated to it by local law, ordinance or resolution in
relation to the prevention of fire or danger to life or property.
A.
Appointment by Fire Council. The Fire Council of the Fire Department
of the village 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 village.
B.
Function. The inspectors appointed as aforesaid shall investigate
fire hazards and violations of this chapter and shall cause the owner
or occupant of the premises to be prosecuted in the proper court for
violation of any provisions pertaining to fire prevention, except
where such violations come under the jurisdiction of the Department
of Buildings or of the Police Department. Violations of any of the
Building Code Ordinances, Zoning Ordinances[1] or the provisions of the Police Department shall be prosecuted
by the respective officers charged with such duties by such Department.
[Amended 7-12-1976 by L.L. No. 8-1976]
The Bureau of Fire Prevention shall prepare instructions for
the inspectors and forms for their use in the reports required by
this chapter.
A.
It shall be the duty of the officers of the Bureau of Fire Prevention,
except as otherwise provided, to enforce all laws and ordinances of
the state, county and village insofar as they affect the village and
to enforce village regulations covering:
(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, churches, factories, halls, theaters
and amphitheaters, where persons live or congregate from time to time
for any purposes.
(6)
Investigations of the cause, origin and circumstances of each fire.
B.
Reports. A report of every fire shall be made, in writing, and filed
in the office of the Clerk of the village within three days after
the occurrence of same. Such report shall be in such form as shall
be prescribed by the Bureau of Fire Prevention and shall contain a
statement relating to the cause, origin and circumstances of such
fire, the extent of damage thereof and the insurance upon such property
and such other information as may be required.
[Added 7-12-1976 by L.L. No. 8-1976]
C.
They shall have such other powers and perform such other duties as
are set forth in other sections of this chapter and as may be conferred
from time to time by law.
[Amended 7-12-1976 by L.L. No. 8-1976]
It shall be the duty of the Bureau of Fire Prevention to investigate
and to recommend such additional ordinances, local laws or resolutions,
or amendments to existing ordinances, local laws or resolutions, as
it may deem necessary for safeguarding life and property against fire.
[Amended 7-12-1976 by L.L. No. 8-1976]
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 investigation shall be begun immediately upon the occurrence
of such a fire, and, if it appears to the officer making such investigation
that such fire is of suspicious origin, he shall notify the proper
authorities designated by law to pursue the investigation of such
matters and shall further cooperate with such authorities in the collection
of evidence and in the prosecution of the case.
[Amended 7-12-1976 by L.L. No. 8-1976]
The Bureau of Fire Prevention shall inspect as often as may
be necessary, but not less than twice a year, all specially hazardous
manufacturing processes, storages or installations of acetylene or
other gases, chemicals, oil, explosives and flammable materials.
[Amended 7-12-1976 by L.L. No. 8-1976]
A.
Duty. It shall be the duty of the Bureau of Fire Prevention to inspect
or cause to be inspected, as often as necessary but not less than
twice a year in the village, 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 the fire hazard.
B.
Order to abate, correct condition. If the Bureau of Fire Prevention
or any inspector duly appointed as provided herein shall find in any
building or upon any premises or any other place combustible or explosive
matter or dangerous or unnecessary accumulations of rubbish or unnecessary
accumulations of wastepaper, boxes, shavings or any highly flammable
material especially liable to fire, which is so situated as to endanger
life or 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 inspection shall reveal any building or structure,
which, for want of repairs, lack of sufficient fire escapes or by
reason of lack of such conditions or from any other cause, is especially
liable to fire and is so situated as to endanger life or property
and the occupants thereof, or shall find in any building combustible
or explosive matter or flammable conditions dangerous to the safety
of such building or the occupants thereof, the inspector shall order
same to be removed or remedied within 24 hours, and, unless such order
is complied with, such inspector shall report such violation to the
Superintendent of the Building Department, who shall cause the owner
or occupant to be prosecuted in the proper court for violation of
any ordinance or local law of the village or Nassau County or any
law of the State of New York, of which violation such owner or occupant
may be guilty, or, if in the opinion of the Superintendent of the
Building Department, the act or neglect of such owner or occupant
does not constitute any violation of any ordinance or local law of
the village or Nassau County or any law of the State of New York,
the Superintendent of the Building Department shall bring to the attention
of the Board of Trustees at its next meeting the facts, circumstances
and conditions in connection with such act or neglect.
C.
Service of order. The service of any order mentioned in this chapter
may be made upon the occupant of the premises to whom it is directed
either by delivering a copy of same to such occupant personally or
by delivering same and leaving it with any person in charge of said
premises or, in case 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 by certified mail, return receipt requested, to the owner's
last known address.
The Bureau of Fire Prevention, after having received notification
from the Board of Fire Underwriters or otherwise learning that an
electrical violation has been disclosed, shall notify the electric
lighting company to disconnect service to the premises on which such
violation exists until said violation has been rectified.
[Amended 7-12-1976 by L.L. No. 8-1976; 12-7-1981 by L.L. No. 14-1981]
The Bureau of Fire Prevention shall report to the Superintendent
of the Building Department forthwith the discovery or report to him
of a violation of any of the provisions of this chapter or of any
provisions pertaining to the prevention of fires and shall also report
to such official the refusal of any owner or occupant of any premises
to comply with any order concerning any violation of any of said provisions,
and it shall be the duty of such official or the duty of the Chief
Fire Inspector to cause the owner or occupant of the premises to be
prosecuted in the proper court for violation of any such provision
or of any law of the County of Nassau or State of New York of which
violation such owner or occupant shall be guilty.
[Amended 7-12-1976 by L.L. No. 8-1976]
The Village Attorney, upon request of the Bureau of Fire Prevention,
shall assist any inspector duly appointed as aforesaid in the investigation
of any fire which, in the opinion of said inspector, is of suspicious
origin.
[Amended 7-12-1976 by L.L. No. 8-1976]
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. It shall
contain a record of all proceedings under this chapter.
