[HISTORY: Adopted by the Town Board of the Town of Fishkill 12-12-2007 by L.L. No. 15-2007. Amendments noted where applicable.]
Alarm systems — See Ch. 42.
Building construction administration — See Ch. 50.
Electrical inspections — See Ch. 61.
Explosives and combustibles — See Ch. 65.
Outdoor furnaces — See Ch. 75.
Editor's Note: This local law also repealed former Ch. 74, Fire Prevention, adopted 6-1-1987 by L.L. No. 2-1987, as amended.
There is designated in the Town of Fishkill a public official to be known as the "Fire Inspector," who shall be appointed by the Town Board pursuant to Chapter 50.
This chapter and Chapter 50 provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") and the State Energy Conservation Construction Code (the "Energy Code") in the Town of Fishkill and shall establish powers, duties and responsibilities in connection therewith. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
This chapter shall be enforced by the Building Inspector and the Fire Inspector appointed pursuant to Chapter 50.
The Fire Inspector may adopt rules and regulations, approved by the Town Board, for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this chapter or any other provision of law. (NOTE: A copy of the current rules and regulations for the enforcement of the New York State Uniform Fire Prevention and Building Code is on file in the office of the Fire Inspector.)
The Town shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Fishkill.
Application. Operating permits shall be required for the activities listed in § 74-5E. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
Inspection and issuance. The Building Inspector or an inspector, appointed pursuant to Chapter 50 and authorized by the Building Inspector, shall inspect the subject premises prior to the issuance of an operating permit. Upon payment of a fee as prescribed in a schedule of fees adopted by the Town Board and after the required inspection, operating permits shall be issued by the Fire Inspector or the Building Inspector and shall bear the name and signature of said Fire Inspector or Building Inspector and shall specify:
The activity or operation for which the operating permit is issued.
The address or location where the activity or operation is to be conducted.
The name and address of the permittee.
The operating permit number and the date of issuance.
The period of operating permit validity.
The date of expiration.
Operating permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new operating permit.
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 Building Inspector to be consistent with local conditions. An operating permit may be reissued or renewed upon application to the Fire Inspector or the Building Inspector, payment of the applicable fee, and approval of such application by the Fire Inspector or the Building Inspector.
Operating permits shall be required for the following:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds;
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant;
Automobile wrecking yards: to operate an automobile wrecking yard;
Bowling establishments for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials;
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film;
Cellulose nitrate plastics (pyroxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm;
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises;
Cryogens: to store, handle or use cryogenic fluids, except cryogens used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible;
Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust;
Flammable and combustible liquids:
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 or 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;
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;
An operating permit shall be obtained for the initial installation of an oil burner and a fuel oil tank used in connection therewith. An operating permit shall be required for the replacement of a fuel oil tank connected to an oil burner;
For the processing, blending or refining of flammable or combustible liquids;
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids;
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas;
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations;
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 of ammonium or any amount of toxic material or poisonous gas;
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials;
Junkyards: to operate a junkyard;
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 replacements of portable cylinders and shall have it available for inspection;
Lumberyards: to operate a lumberyard;
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day;
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day;
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F., which are heated with oil or gas fuel or which, during operation, contain flammable vapors from the material in the oven or catalytic combustion system;
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;
Service stations and repair garages: to operate a service station or repair garage;
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the operating permit holder;
All facilities classified as I-1 and I-2 occupancies as classified by the New York State Uniform Fire Prevention and Building Code. The classification is subdivided into groups according to the movement of the occupants and includes but is not limited to the following:
I-1: for persons whose movements are not limited and who have a normal sense of perception, such as day-care centers for children three years of age or over;
I-2: for persons whose movements are limited because of illness or physical or mental handicap. Examples are as follows:
Child-caring institutions with overnight sleeping facilities;
Clinics with sleeping rooms;
Community residences, as defined in Section 308.2 of the New York State Uniform Fire Prevention and Building Code;
Day-care centers for children under three years of age;
For the initial installation of gas furnaces, wood stoves and fireplaces in any building;
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;
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;
Use of pyrotechnic devices in assembly occupancies; and
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board.
Consolidated operating permits. When more than one operating permit is required for the same property or premises, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit listing all materials or operations covered. Revocation of a portion or portions of such consolidated operating permit, for specific hazardous materials or operations, shall not invalidate the remainder.
Location of operating permits. Operating permits shall be kept on the property or premises covered by the operating permit or carried by the operating permit holder.
Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the operating permit was issued, that there has been misrepresentation or falsification of material facts in connection with the operating permit application or a condition of the operating permit, or if the Building Inspector determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the New York State Uniform Fire Prevention and Building Code.
Fees shall be as prescribed by the current fee schedule as adopted by the Town Board.
All buildings constructed after September 20, 2007, shall have carbon monoxide detectors on all levels containing bedrooms prior to the issuance of a certificate of occupancy.
All buildings constructed after the effective date of this chapter shall have installed electric-wired smoke detectors on all occupied levels prior to the issuance of a certificate of occupancy. In buildings existing as of the effective date of this chapter, battery-operated smoke detectors shall be installed on all occupied levels.
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or an inspector designated by the Building Inspector at the following intervals:
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
Firesafety and property maintenance inspections of buildings or structures which are B occupancies as classified in the Uniform Code and used as places of assembly shall be performed at least once every 12 months.
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or 3) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary, the Building Inspector shall not perform firesafety and property maintenance inspections of:
A building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
A building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
If entrance to make an inspection is refused or cannot be obtained, the Building Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
The Chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other chapter, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code in accordance with § 50-22 of Chapter 50.
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the New York State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Inspector finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
Violation orders shall be in writing, shall identify the property or premises and shall specify the violation and remedial action to be taken.
Violation orders may be served by personal service, by mailing by 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.
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, a request to take appropriate legal action shall be made to the Town Board of the Town of Fishkill. Where, in the opinion of the inspecting authority, such violation is deemed to be a clear and present danger to life, and such danger is confirmed by the Town Building Inspector and Town Fire Inspector, any appropriate and necessary action may be taken forthwith to restrain, correct or abate the violation, and such remedy shall be in addition to penalties otherwise prescribed by law.
Failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
An action or proceeding in the name of the Town of Fishkill may be commenced in any court of competent jurisdiction to compel compliance with, or restrain by injunction, the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter 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 operating permits, inspection reports, recommendations, complaints and violation orders.
Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of the New York State Uniform Fire Prevention and Building Code, applications for variances consistent with the spirit of the code and not inconsistent with the requirements of 19 NYCRR Chapter XII may be made to and acted upon by a Board of Review established in accordance with the provisions of § 381 of the Executive Law.
The Fire Inspector or the Building Inspector shall obtain a copy of the Review Board's decision for his or her records.