It is the intent of this chapter to dissolve the Department of Fire Services and repeal Chapter 20 of the Town Code of the Town of Colonie and to create the Division of Fire Services in the Building Department of the Town of Colonie under the supervision of the Commissioner of Public Works. It is also the intent of this chapter to describe the function of the Division of Fire Services and to prescribe some regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
This chapter shall be known and may be cited as the "Division
of Fire Services Local Law of the Town of Colonie."
A.
The provisions of this chapter shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this chapter shall be permitted to continue where
the exceptions do not constitute a distinct hazard to life or property,
in the opinion of the Chief of the Division of Fire Services.
B.
Nothing contained in this chapter shall be construed as applying
to the transportation of any article or thing shipped under the jurisdiction
of and in compliance with the regulations prescribed by the Interstate
Commerce Commission, unless specifically stated, nor as applying to
the military forces of the United States.
C.
Whenever a provision of this chapter imposes or prescribes any greater
requirement or higher standard on premises, buildings or structures,
or on the use thereof, than is imposed or prescribed by any other
law, ordinance, rule or regulation, the provision of this chapter
shall govern.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section.
Accepted by the Chief of the Division of Fire Services as
a result of his investigation and experience or by reason of test,
listing or approval by Underwriters' Laboratories, Incorporated; the
National Bureau of Standards; the American Gas Association Laboratories
or other nationally recognized testing agencies.
The person in charge of the day-to-day operations of the
Building Department.
The Chief of the Division of Fire Services and the person
in charge of the day-to-day operations of the Fire Services Division.
The person appointed pursuant to § 34-3 of the Town Code of the Town of Colonie.
Any board of fire commissioners, fire district, fire department,
fire company, or village fire department located in the Town of Colonie
or which provides fire-fighting services in the Town of Colonie pursuant
to contract with the Town in a fire-protection district.
The Division of Fire Services in the Building Department
of the Town of Colonie.
Any member of the Division of Fire Services, the Building
Department or the Police Department with investigatory duties and
powers, including, but not limited to, the Chief and Fire Protection
Specialists.
The Fire Code of New York State, as promulgated pursuant
to Title 19 of the Official Compilation of Codes, Rules and Regulations
of The State of New York, and further refined in amendments, articles
and guidance documents pertaining thereto provided by the Secretary
of State pursuant to § 381 of the Executive Law.
The owner of real property, including his duly authorized
agent or attorney, a mortgagee or vendee in possession, assignee of
rents, purchaser, devisee, fiduciary and any other person having a
vested or contingent interest in the property in question.
The Town Board of the Town of Colonie.
A.
The Department of Fire Services established by Local Law No. 2 of 2007 is hereby dissolved and Chapter 20 of the Town Code of the Town of Colonie is hereby repealed and replaced by this chapter. All personnel assigned to such Department are now transferred to the Building Department, Division of Fire Services, described herein. Employee titles shall be modified accordingly.
B.
The Division of Fire Services is hereby established as a division
of the Building Department of the Town government of the Town of Colonie.
It shall operate under the day-to-day supervision of the Chief of
the Division of Fire Services who will report to and be under the
direction and supervision of the Commissioner of Public Works. The
Chief shall devote his full time to the duties of the Division of
Fire Services. In the absence of the Chief and at the direction of
the Town Board or the Commissioner of Public Works, a member of the
Division of Fire Services or the Building Department shall be designated
and shall have the full power, authority and responsibility to undertake
and perform all acts and duties performed by the Chief. There shall
be appointed as many employees as the Town Board determines necessary
to assist the Chief in his duties.
Any investigator as defined herein or inspector in the Division
of Fire Services may, at all reasonable hours, enter any building
or premises, with the consent of the owner or occupant or with a search
warrant, for the purpose of making any inspection or investigation
which, under the provisions of this chapter, he may deem necessary
to be made.
A.
It shall be the duty of the Chief to inspect or cause to be inspected
by the Division of Fire Services all buildings and premises, except
the interiors of one- and two-family dwellings, as often as may be
necessary for the purpose of ascertaining and causing to be corrected
any condition liable to cause fire or endanger life from fire or any
violations of the provisions or intent of this chapter and of any
other local law affecting the fire hazard. The interiors of one- and
two-family dwellings may only be inspected upon request of the owner
or in conjunction with investigations by some other federal, state
or local authority having jurisdiction over such home or its occupants.
B.
Upon request, the Chief and the Division of Fire Services shall cooperate
with any fire department and its officers in making inspections of
any buildings or premises located within its district or fire-protection
area.
C.
Nothing contained in this chapter shall be construed as in any way
limiting or restricting the power of any fire department or its officers
to make inspections or investigations pursuant to law.
D.
It shall be the duty of the Chief to inspect or cause to be inspected
by the Division of Fire Services all exterior areas adjacent to or
adjoining any structure or building, except one- or two-family dwellings,
for the purpose of designating said areas or portions thereof as fire
lanes. Any areas so designated shall be plainly defined and marked
as such in a manner prescribed by the Chief.
E.
It shall be the duty of the Division of Fire Services to investigate
the origin, cause and circumstances of the following when said condition
or occurrence is within the Town of Colonie:
(1)
Every fire involving injury or loss of life.
(2)
Every suspicious fire, upon request of the owner or fire or police
agency having jurisdiction of the scene and with the prior consent
of the Commissioner of Public Works.
(3)
Every fire which the Fire Division Chief determines worthy due to
its size, speed or unusual conditions, upon concurrence of the owner
or the fire or police agency having jurisdiction of the scene.
(4)
Every hazardous condition or occurrence which might present a clear
and present danger to the health, safety and welfare of the general
public.
(5)
Every fire or related condition or occurrence when requested by the
local fire department or other duly authorized agency.
F.
It shall be the duty of the Chief and the Division of Fire Services,
upon request and with the prior consent of the Commissioner of Public
Works, to assist the local fire departments or any other duly authorized
agency in the mitigation of any hazardous condition or occurrence
which might present a clear and present danger to the health, safety
and welfare of the general public when such event shall occur in the
Town; provided, however, that any member of the Division of Fire Services
may take appropriate action to protect the health, safety and welfare
of any person or to minimize damage to property in the event of an
emergency. For purposes of this section, an emergency is defined as
an unforeseen occurrence or condition that calls for immediate action.
(1)
The person or entity responsible for a spill, discharge or other release of any material that creates a hazardous condition or occurrence, as described in § 20-7F above, shall reimburse the Town for all expenses incurred for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
G.
It shall be the duty of the Division of Fire Services to assist any
fire department, fire district, fire company, municipality or any
other duly authorized agency not within or part of the Town of Colonie,
when assistance is requested by same, in the mitigation or investigation
of the origin, cause and circumstances of any fire or hazardous condition
or occurrence which might present a clear and present danger to the
health, safety and welfare of the general public, regardless of the
place of occurrence, provided that the Commissioner of Public Works
approves such assistance.
H.
It shall be the duty of the Division of Fire Services to enforce
the provisions of the New York State Fire Code in addition to any
other laws, rules, codes or regulations duly adopted by the Code of
the Town of Colonie. This shall include review of construction proposals
and plans for commercial buildings to be constructed or renovated
in the Town of Colonie.
I.
It shall be the duty of the Division of Fire Services to administer,
supervise and maintain the Town-wide rapid-entry box system, commonly
known as the "Knox Box" system. These responsibilities shall include
maintaining all of the required and associated paperwork, working
with the Fire Department and property owner to determine the appropriate
location of the box system, and all other aspects of this program.
J.
In response to "E-911" and similar third-party emergency requests
and upon request of the Fire Department or any other duly authorized
local agency with jurisdiction over the matter, the Chief may send
personnel to assist in the investigation and mitigation of any hazardous
condition or occurrence which might present a clear and present danger
to the health, safety and welfare of the general public.
Whenever the Division of Fire Services shall find in any building,
vehicle or vessel or upon any premises dangerous or hazardous conditions
or materials as follows, it shall order such dangerous conditions
or materials to be removed or remedied in such manner as may be specified
by the Chief:
A.
Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, waste paper, boxes, shavings
or other highly flammable materials.
D.
Dangerous accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E.
Obstructions to or on 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.
F.
Any building or other structure, which for want of repairs, lack
of adequate exit facilities, automatic or other fire alarm apparatus
or fire-extinguishing equipment, or by reason of age or dilapidated
condition or from any other cause, creates a hazardous condition.
G.
Any violation of this chapter of the Code of the Town of Colonie.
A.
All applications for a permit required by this chapter shall be made
to the Chief in such form and detail as he shall prescribe. Applications
for permits shall be accompanied by such plans as required by the
Chief. A permit shall not be issued for a period longer than one year
unless specifically stated by some other section of this chapter or
the New York State Fire Code or authorized by the Chief. A permit
shall not be effective until such time as the applicant has corrected
all violations which were observed at the time of inspection.
B.
The permit shall at all times be kept on the premises for which it
was issued. It shall at all times be subject to inspection by the
Division of Fire Services and any officer of the Town of Colonie Police,
the Town Attorney or his designee, Building, Public Works or Planning
and Economic Development Divisions.
C.
The Chief may revoke any permit or approval issued if any violation
of this chapter is found upon inspection or in case there has been
any false statement or misrepresentation as to a material fact in
the application or plans on which the permit or approval was based.
D.
No building or structure, except one-family dwellings, shall be erected
or altered until the plans therefor have been approved, in writing,
by the Chief. Written approval shall not be given where said construction
or alteration would be in violation of any of the provisions of this
chapter.
No building or structure or part thereof erected or altered
in accordance with this chapter shall be occupied for use until an
inspection of the same has been conducted by the Division of Fire
Services and an appropriate letter of compliance issued.
A.
Required.
(1)
Operating permits required. 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(1), 2703.1.1(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 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 Town Board of this Town.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Chief. Such application shall include such information as the
Chief deems sufficient to permit a determination by an investigator
that quantities, materials and activities conform to the requirements
of the New York State Uniform Fire Prevention and Building Code. If
the Chief 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, at the expense of the applicant.
C.
Inspections. An investigator or an inspector shall inspect the subject
premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the investigator may require a separate operating permit for each such activity, or the investigator may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. 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
investigator 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 investigator, payment of the applicable fee, and approval of
such application by the investigator.
F.
Revocation or suspension of operating permits. If the investigator
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.
