[Adopted 2-7-1977 by L.L. No. 1-1977]
There is hereby adopted by the Village of Menands for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "Fire Prevention Code," recommended by the American Insurance Association, being particularly the 1976 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (see §§ 90-11 and 90-12), of which code not less than three copies have been and now are filed in the office of the Clerk of the Village of Menands and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Village of Menands.
A.
The Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention of the Village of Menands, which is hereby established
and which shall consist of the members of the Board of Trustees acting in
that capacity.
B.
The Chief of the Fire Department of the Village of Menands
is hereby appointed by the Bureau of Fire Prevention to perform the duties
of the Chief of the Bureau of Fire Prevention as set forth in the Fire Prevention
Code and this article. He shall be assisted in such duties, at his option,
by the Assistant Chiefs of the Fire Department and such members thereof as
he may, from time to time, designate.
C.
The Board of Trustees, acting as the Bureau of Fire Prevention,
after consultation with the Chief of the Bureau of Fire Prevention, may appoint
a Chief Fire Inspector to advise and consult with the Chief of said Bureau
upon matters concerning the enforcement or administration of the Fire Prevention
Code or this article, to be compensated upon audit as the Board of Trustees
may determine.
D.
A report of the Chief of the Bureau of Fire Prevention
shall be made annually and transmitted to the Chief Executive Officer of the
municipality; it shall contain all proceedings under this article, with such
statistics as said Chief decides to include therein. Said Chief shall also
recommend any amendments to the code which, in his judgment, shall be desirable.
E.
The Chief of the Bureau of Fire Prevention may request
and shall receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of other officials of the municipality.
As used in this article and the Fire Prevention Code, the following
terms shall have the meanings indicated:
The Attorney for the Village of Menands.
An inspector duly designated as such inspector by the Chief of the
Bureau of Fire Prevention.
The Village of Menands.
The limits referred to in Paragraph b of Section 12.5 of the Fire Prevention
Code, in which storage of explosives and blasting agents is prohibited, are
hereby established to be the corporate limits of the Village of Menands.
The limits referred to in Paragraph a of Section 13.3 of the Fire Prevention
Code, in which manufacture and storage of fireworks is prohibited, are hereby
established to be the corporate limits of the Village of Menands.
A.
The limits referred to in Paragraph a of Section 16.22
of the Fire Prevention Code, in which storage of flammable liquids in outside
aboveground tanks is prohibited, are hereby established to be the corporate
limits of the Village of Menands, except for those areas duly zoned for Heavy
Industrial Use by the Village Zoning Law.[1]
B.
The limits referred to in Section 16.61 of the Fire Prevention
Code, in which new bulk plants for flammable or combustible liquids are prohibited,
are hereby established to be the corporate limits of the Village of Menands,
except for those areas duly zoned for Heavy Industrial Use by the Village
Zoning Law.
The limits referred to in Paragraph a of Section 21.6 of the Fire Prevention
Code, in which bulk storage of liquefied petroleum gas is restricted, are
hereby established to be the corporate limits of the Village of Menands, except
for those areas duly zoned for Heavy Industrial Use by the Village of Menands.
The route referred to in Paragraph o of Section 12.7 of the Fire Prevention
Code for vehicles transporting explosives and blasting agents is hereby established
to be Interstate Route 787.
The routes referred to in Section 20.14 of the Fire Prevention Code
for vehicles transporting hazardous chemicals and other dangerous articles
are hereby established as follows: state highways located in the Village,
i.e.; Routes 32, 377, 378 and I-787.
The fire lanes referred to in Section 28.16 of the Fire Prevention Code
are hereby established as follows, and the standing or parking of vehicles
therein or other use obstructing the same, except as herein otherwise set
forth, is prohibited at all times:
A.
Fire lanes shall be provided for all buildings which
are set back more than 150 feet from a public road or exceed 30 feet in height
and are set back over 50 feet from a public road. Such fire lanes shall generally
follow the perimeter of buildings along paved areas and extend, where necessary
in the judgment of the Bureau of Fire Prevention, along private roadways to
a public roadway.
B.
Fire lanes shall be at least 30 feet in width, except
as hereinafter specifically described or as modified by the Chief of the Bureau
of Fire Prevention pursuant to this article, in order to permit access by
fire vehicles to buildings. Any dead-end road more than 300 feet long shall
be provided with a turnaround at the closed end at least 90 feet in diameter.
C.
A written document, agreeable to the Chief of the Bureau
of Fire Prevention and for the benefit of the Village, shall be required for
emergency access over all fire lanes. However, fire lanes adjacent to doorways
may be used for parcel pickup and delivery of short duration, if an immediately
adjacent lane is kept clear of parked vehicles.
D.
The designation and maintenance of fire lanes on private
property shall be accomplished by the owner thereof as specified by the Chief
of the Bureau of Fire Prevention by means of posted signs of at least two
square feet and/or pavement markings readable by drivers of moving vehicles.
Such markings shall prohibit parking of vehicles or other impediments to the
movement of fire equipment. This section shall not apply to one- or-two-family
dwellings.
E.
The following areas are specifically declared to be fire
lanes pursuant to this article and are hereby established as such:
(1)
The Mid-City Shopping Center. There shall be a continuous
thirty-foot-wide fire lane on all four sides of and adjacent to the buildings
housing the movie theater, Spirit of 76, Woolworth's, Price Chopper (commencing
at the easterly edge of the walkway on the eastern side thereof) and the building
on the northeasterly corner of the shopping center (commencing at the southerly
edge of the walkway on the southern side thereof), respectively, except that
the westerly side of the building on the northeasterly corner shall not be
bordered by said fire lane, but instead there shall be a ten-foot-wide fire
lane in front of each door of each establishment on such side.
(2)
The alley between 319 Broadway and 1949 Broadway. There
shall be a continuous twenty-foot-wide fire lane running easterly from Broadway
between said buildings adjacent to the north wall of 319 Broadway and extending
to a point in line with the easterly end of 1949 Broadway.
(3)
The Montgomery Ward store. There shall be two twenty-five-foot-wide
fire lanes extending in an easterly direction to Broadway from the raised
concrete walkway on the easterly side of the Montgomery Ward store adjacent
to the steps leading therefrom to street level on the north and south sides
thereof, respectively.
(4)
The Montgomery Ward warehouse. There shall be a continuous
thirty-foot-wide fire lane adjacent to the sides of said warehouse, except
the northerly side thereof.
(5)
The Wicks Lumber building. There shall be a continuous
thirty-foot-wide fire lane on and adjacent to all four sides thereof.
(6)
The Albany Public Market; Two Guys. There shall be a
continuous thirty-foot-wide fire lane on all four sides of and adjacent to
said building, commencing at the southerly edge of the walkway on the southerly
side thereof.
(7)
The Shoprite et al. building. There shall be a continuous
thirty-foot-wide fire lane on all sides of and adjacent to said building,
commencing at the outer edge of the walkway existing on the southerly and
easterly sides thereof.
(8)
The Tri-City Lanes. There shall be a continuous thirty-foot-wide
fire lane commencing at Elmwood Avenue and running in a generally easterly
direction until it reaches a point approximately 20 feet west of the southwest
corner of said building, at which point it shall continue at an angle to the
north parallel to and 20 feet from the northerly edge of said building to
a point even with the northerly side thereof and also straight ahead in an
easterly direction parallel and 20 feet from the southerly edge of said building,
turning to the north at the southeast corner thereof and running thence parallel
to and 20 feet from the easterly edge of said building to a point even with
the northerly wall thereof. There shall also be fire lanes extending from
each entrance of such building to the above-described fire lane surrounding
said building on three sides, the width of each such entrance fire lane being
that of such entrance and 10 feet on each side thereof.
The Fire Prevention Code is hereby amended and changed in that Section
1.3 thereof providing for authorization to enter premises shall not apply
to the interior of any dwelling, and no entry may be made into the interior
of a dwelling without the permission of the occupants unless upon written
authority of the Board of Trustees.
The Chief of the Bureau of Fire Prevention shall have power to modify
any of the provisions of the Fire Prevention Code upon application, in writing,
by the owner or lessee or his duly authorized agent when there are practical
difficulties in the way of carrying out the strict letter of the code, provided
that the intent of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or allowed,
and the decision of the Chief of the Bureau of Fire Prevention thereon shall
be entered upon the records of the Department, and a signed copy shall be
furnished the applicant.
Whenever the Chief of the Bureau of Fire Prevention shall disapprove
an application or refuse to grant a permit applied for or when it is claimed
that the provisions of the code do not apply or that the true intent and meaning
of the code have been misconstrued or wrongly interpreted, the applicant is
permitted to appeal from the decision of the Chief of the Bureau of Fire Prevention
to the Board of Trustees, in writing, with the specifications of the grievance
outlined in detail and a copy sent to the Chief of the Bureau of Fire Prevention
within 30 days from the date of the decision appealed.
A.
The Village Clerk, the Building Inspector and the Chief
of the Bureau of Fire Prevention shall act as a committee to determine and
specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies which shall require permits, in addition
to those now enumerated in said code.
B.
The Chief of the Bureau of Fire Prevention shall post
such list in a conspicuous place in his office and distribute copies thereof
to interested persons.
[Amended 2-5-2007 by L.L. No. 4-2007]
A.
Any person who shall fail to comply with any of the code
hereby adopted or fail to comply therewith or who shall violate or fail to
comply with any order made thereunder or who shall build in violation of any
detailed statement of specifications or plans submitted and approved thereunder
or any certificate or permit issued thereunder and from which no appeal has
been taken or who shall fail to comply with such an order as affirmed or modified
by the Board of Trustees or by a court of competent jurisdiction, within the
time fixed herein, shall severally for each and every such violation and noncompliance,
be liable to a penalty of not less than $50 nor more than $1,000 for the first
offense and by a fine of not less than $100 nor more than $2,000 for each
offense thereafter. The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects within a reasonable
time, and when not otherwise specified, each 10 days that prohibited conditions
are maintained shall constitute a subsequent offense.
B.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
C.
Any other provision of this section to the contrary notwithstanding,
the owner or operator of any vehicle which shall be parked, abandoned, standing
or otherwise obstructing a fire lane established pursuant to this article
shall be guilty of an offense and, upon conviction thereof, shall be punishable
by a fine of $25 or by imprisonment for not more than 10 days, or by both
such fine and imprisonment, for the first offense, and by a fine of $100 or
by imprisonment for not more than 15 days, or by both such fine and imprisonment,
for each offense thereafter, in addition to any expenses incurred by the Village.
Any vehicle parked, abandoned or left unattended in violation of § 90-10 of this article may be removed and stored at the expense of the owner by or at the direction of a patrolman pursuant to the provisions of the Vehicle and Traffic Law.
