[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 7, Art. II, of the 1964 Code of Ordinances. Amendments
noted where applicable.]
A Bureau of Fire Prevention is hereby established in the village and
shall hereinafter be referred to as the "Bureau."
A.
Said Bureau shall consist of three persons to be appointed
by the Board of Trustees at a regular meeting of the Board. The term of office
of a member of said Bureau shall be one year.
B.
The Board shall appoint one of said three persons as
Chairperson of the Bureau, who shall be known as the Fire Marshal of the Village
and be hereinafter designated as "Fire Marshal." The Board may also fix a
reasonable compensation for the Fire Marshal and for the other Bureau members
or, in its discretion, for the Fire Marshal only.
A.
Generally. It shall be the duty of the members of such
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.
(3)
The installation and maintenance of automatic and other
fire alarm systems and fire-extinguishment equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit in case of fire from factories,
schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters
and amphitheaters and where persons live or congregate from time to time for
any purpose.
(6)
Investigation of the cause, origin and circumstances
of each fire.
B.
Additional powers, duties. They shall have such other
power 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 ordinance or as
recommended by the Department of Labor of the State of New York.
It shall be the duty of the Bureau to investigate and to recommend such
additional ordinances or amendments to existing ordinances as they may deem
necessary for safeguarding life and property against fire.
The Bureau shall prepare forms for its use and the use of the Fire Marshal
in the reports required by this chapter.
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 officers making such investigation that such fire is of suspicious
origin, the Fire Marshal shall be immediately notified of the fact and he
or she shall take charge immediately of the physical evidence, 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. The report of every fire shall
be made in writing and filed in the office of the Village Clerk-Treasurer
within five days after the occurrence of the same. Such reports shall be in
such form as shall be prescribed by the Bureau and shall contain a statement
relating to the cause, origin and circumstances of such fire, the extent of
damage thereof, the insurance upon such property and other such information
as may be required.
It shall be the duty of the Fire Marshal or duly authorized inspector
or Building Official to enter and inspect all boarding, rooming, tourist or
paying guesthouses whenever it is deemed necessary.
The Fire Marshal shall inspect as often as may be necessary, but not
less than once every three months, all specially hazardous manufacturing processes,
storages or installations of acetylene or other gases, chemicals, oils, explosives
and inflammable materials and all interiors having fire alarms and automatic
sprinkler systems and such other hazards or appliances as the Bureau shall
designate, and such Bureau 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.
Duty of Fire Marshal. It shall be the duty of the Fire
Marshal to inspect or cause to be inspected as often as necessary, but not
less than once every three months, 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 a fire or any violations of the provisions or intent of any ordinance
of the village affecting the fire hazard.
B.
Issuance of order to abate, correct condition. If the
Fire Marshal shall find in any building or upon any premises or any other
place, combustible or explosive matter or dangerous 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 escape, stairs, passageways, doors or windows liable to interfere
with the operation of the fire apparatus or egress of occupants in case of
fire, or in case such Fire Marshal shall find any building or structure, which
for want of repairs, lack of sufficient fire escapes or by reason of lack
of similar 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 combustibles or explosive matter or inflammable conditions
dangerous to the safety of such buildings or the occupants thereof he or she
shall order the same to be removed or remedied within 24 hours and, unless
such order is complied with, the Fire Marshal shall cause the owner or occupants
to be prosecuted in the proper court for violation of any ordinance of the
village or of this chapter 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 such Fire Marshal,
the act or neglect of such owner or occupant does not constitute any violation
of any ordinance of the village or any law of the State of New York, such
Fire Marshal shall bring to the attention of the Board of Trustees of the
Village, 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 the same to such occupant personally
or by delivering the same and leaving it with any person of suitable age and
discretion in charge of the 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 or 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 such owner's last
known address.
The Village Attorney and Building Official, upon the request of the
Bureau, shall assist the Fire Marshal as aforesaid in the investigation of
any fire which, in the opinion of said Fire Marshal, is of suspicious origin.
A.
Any person who shall willfully refuse to permit an inspection
as required therein shall be liable to a fine of not more than $25 for each
offense, and such refusal shall constitute disorderly conduct, and any person
refusing to permit such inspection shall be declared a disorderly person.
B.
Any person being the owner or occupant,
lessee or otherwise in charge or control of any premises subject to an order
made pursuant to this chapter who shall fail or refuse to comply with such
order within the time herein specified or, if no time is specified, within
a reasonable time, or who shall violate any of the provisions of this chapter
shall be punished by fine of not more than $100 for each offense, and any
violation of this chapter or any part thereof, shall constitute disorderly
conduct, and any person violating the same shall be and is hereby declared
a disorderly person.
