[Adopted 12-15-1976 by L.L. No. 7-1976 (Ch. 17, Art. II, of
the 1977 Code)]
This article shall be known and cited as a "Local Law to Provide
for the Enforcement and Administration of the Fire Prevention Code."
This article shall provide the basic method for administration
and enforcement of the State Fire Prevention Code in the Village of
Hillburn and shall establish powers, duties and responsibilities in
connection therewith.
This article shall take effect on the first day of January 1977.
The Fire Inspector of the Village of Hillburn shall administer
and enforce the State Fire Prevention Code within the Village of Hillburn.
Such Fire Inspector shall be appointed by the Village Board of the
Village of Hillburn and shall hold office at the pleasure of the Village
Board. The Village Board may appoint the Building Inspector as Fire
Inspector.
A.
The Fire Inspector may adopt rules and regulations for the administration
and enforcement of the State Fire Prevention Code. Such rules and
regulations shall not conflict with the State Fire Prevention Code,
this article or any other provision of law.
B.
The Fire Inspector shall cause to have published all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the Village of Hillburn.
A.
Upon payment of a fee as prescribed in the schedule of fees adopted
by the Fire Inspector, permits shall be issued by and bear the name
and signature of the Village Clerk and shall specify:
B.
Permits shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
C.
Permits shall continue until revoked or for a period of time designated
at the time of issuance. An extension of the permit time period may
be granted, provided that a satisfactory reason can be shown for failure
to start or complete the work or activity authorized within the required
time period.
D.
Permits shall be obtained for the following:
(1)
Acetylene generators: to operate an acetylene generator having a
calcium carbide capacity exceeding five pounds.
(2)
Automobile wrecking yards: to operate an automobile wrecking yard.
(3)
Cellulose nitrate motion-picture film: to store, keep or have on
hand more than 25 pounds of cellulose nitrate motion-picture film.
(4)
Cellulose nitrate plastics (pyroxylin):
(5)
Combustible fibers: to store, handle or use combustible fibers in
quantities in excess of 100 cubic feet, except agricultural products
on a farm.
(6)
Combustible materials: to store combustible materials, including
but not limited to empty combustible packing cases, boxes, barrels
or similar containers, rubber tires, rubber, cork or other similar
materials in excess of 2,500 cubic feet gross volume, on any premises.
(8)
Dry-cleaning plants: to use in excess of four gallons of solvents
or cleaning agents classified as flammable or combustible.
(9)
Flammable and combustible liquids.
(a)
To store, handle or use flammable liquids in excess of 6 1/2
gallons inside dwellings or in excess of 10 gallons inside any other
building or other occupancy, or in excess of 60 gallons outside of
any building. This provision shall not apply to liquids in the fuel
tank of a motor vehicle, aircraft, portable or stationary engine,
boat or portable heating plant; or paints, oils, varnishes or similar
flammable mixtures when such liquids are stored for maintenance, painting
or similar purposes.
(b)
To store, handle or use combustible liquids in excess of 25
gallons inside a building or in excess of 60 gallons outside of a
building. This provision shall not apply to fuel oil used in connection
with oil-burning equipment. A permit shall be obtained for the initial
installation of an oil burner and a fuel oil tank used in connection
therewith. A permit shall be required for the replacement of a fuel
oil tank connected to an oil burner.
(c)
For processing, blending or refining of flammable or combustible
liquids.
(10)
Flammable finishing: for spraying, coating or dipping operations
utilizing flammable or combustible liquids.
(11)
Hazardous chemicals:
(a)
To store, handle or use more than 55 gallons of corrosive liquids;
or more than 50 pounds of oxidizing materials; or more than 10 pounds
of organic peroxides; or more than 50 pounds of nitromethane; or 1,000
pounds or more of ammonium nitrate, ammonium nitrate fertilizers and
fertilizer mixtures containing 60% or more ammonium or any amount
of toxic materials or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive, water-reactive
or unstable materials.
(12)
Junkyards: to operate a junkyard.
(13)
Liquefied petroleum gas: for each installation of liquefied petroleum
gas employing a container or an aggregate of interconnected containers
of over 2,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders
and have it available for inspection.
(14)
Lumberyards: to operate a lumberyard.
(15)
Places of assembly: to maintain, operate or use a place of assembly.
(16)
Service station and repair garages: to operate a service station
or repair garage.
(17)
Welding and cutting: to operate a welding and cutting business.
E.
Consolidated permits. When more than one permit is required for the
same property or premises, a single permit may be issued listing all
materials or operations covered; and revocation of a portion or portions
of such consolidated permit for specific hazardous materials or operations
shall not invalidate the remainder.
F.
Location of permits. Permits shall be kept on property or premises
covered by the permit or carried by the permit holder.
G.
Revocation of permits. Permits may be suspended or revoked when it
is determined that there is a violation of a condition under which
the permit was issued or there has been misrepresentation or falsification
of material facts in connection with the permit application or a condition
of the permit.
A schedule of permit fees, as promulgated by the Fire Inspector
of the Village of Hillburn, shall be set from time to time by the
Village Board of Trustees.
A.
The Fire Inspector shall conduct periodic inspections for compliance
with the provisions of the State Fire Prevention Code. Such inspections
may be made at any reasonable time.
B.
If entrance to make an inspection is refused or cannot be obtained,
the Fire Inspector may apply for a warrant to make an inspection to
any court of competent jurisdiction.
A.
A person owning, operating, occupying or maintaining property or
premises within the scope of the State Fire Prevention Code or this
article shall comply with all the provisions of the State Fire Prevention
Code, this article and all orders, notices, rules and regulations,
or determinations issued in connection therewith.
B.
Whenever the Fire Inspector finds that there has been a violation
of the State Fire Prevention Code, this article or any rule or regulation
adopted pursuant to this article, a violation order shall be issued
to the person or persons responsible.
C.
Violation orders shall be in writing, shall identify the property
or premises, shall specify the violation and remedial action to be
taken, shall provide a reasonable time limit for compliance and shall
state the time within which an appeal may be taken.
D.
Violation orders may be served by personal service, by mailing by
registered or certified mail or by posting a copy thereof in a conspicuous
place on the premises and by mailing a copy thereof to the premises
on the same day as posted, enclosed in a postpaid wrapper addressed
to the person responsible.
E.
In case the owner, lessor, occupant or the agent of any of them shall
fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order, a request to take
appropriate legal action shall be made to the Village Attorney of
the Village of Hillburn.
A.
Failure to comply with any provision of the State Fire Prevention
Code, this article, rules or regulations adopted pursuant to this
article or a violation order shall be deemed a violation, and the
violator shall be liable for a fine of not less than $100 or imprisonment
not to exceed 30 days, or both, and each day such violation continues
shall constitute a separate violation.
B.
An action or proceeding in the name of the Village of Hillburn may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the
State Fire Prevention Code, this article, rules or regulations adopted
pursuant to this article or a violation order, or to vacate the occupancy
or building in the case of imminent danger to life or property. Such
remedy shall be in addition to penalties otherwise prescribed by law.
The Fire Inspector shall keep official records of all permits,
inspection reports, recommendations, complaints and violations of
orders.
A.
A building or structure or part thereof which is an imminent danger
to the life and safety of the public as a result of a fire or explosion
is hereby declared to be a public nuisance.
B.
Whenever the Fire Inspector finds a building or structure or part
thereof to be an imminent danger to the life and safety of the public
as a result of a fire or explosion, the Fire Inspector may cause it
to be demolished and removed or may cause work to be done in and about
the building or structure as may be necessary to remove the danger.
C.
The Fire Inspector may require the occupants of any such building
or structure or part thereof to vacate the premises forthwith. No
person shall use or occupy such building or structure, or part thereof,
until it is made safe. Except for the owner, no person shall enter
premises which have been ordered vacated unless authorized to perform
inspections or repairs or to demolish and remove such building or
structure or part thereof.
D.
All costs and expenses incurred by the Village of Hillburn in connection
with any work done to remove the danger, or in connection with the
demolition and removal of any such building or structure, shall be
assessed against the land on which such building or structure is located,
and a bill for such expenses shall be presented to the owner of the
property, or, if the owner cannot be ascertained, then such bill shall
be posted in a conspicuous place on the premises. Such assessment
shall be and constitute a lien upon such land. If the owner shall
fail to pay for such expenses within 10 days after the bill is presented
or posted, a legal action may be brought to collect such assessment
or to foreclose such lien. As an alternative to the maintenance of
any such action, the Fire Inspector may file a certificate of the
actual expenses incurred as aforesaid, together with a statement identifying
the property in connection with which the expenses were incurred and
the owner thereof, with the Assessor, who shall, in the preparation
of the next assessment roll, assess such amount upon such property.
Such amount shall be included in the levy against such property, shall
constitute a lien and shall be collected and enforced in the same
manner, by the same proceedings, at the same time and under the same
penalties as is provided by law for the collection and enforcement
of real property taxes in the Village of Hillburn.
A.
Where practical difficulties or unnecessary hardships may result
from enforcement of the strict letter of any provision of the State
Fire Prevention Code, applications for variances consistent with the
requirements of Subdivision 2 of § 391 of Article 18-A of
the Executive Law may be made to and acted upon by a Board of Review
established in accordance with the provisions of § 395 of
the Executive Law.[1]
[1]
Editor's Note: See now Executive Law, § 370 et seq.
B.
The Fire Inspector shall obtain a copy of the Review Board's
decision for his records.
