[HISTORY: Adopted by the Board of Trustees of the Village of North Syracuse 1-28-1999 by L.L. No. 1-1999 as Ch. 104 of the 1999 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention code administration — See Ch. 91.
Unsafe buildings — See Ch. 94.
Fireworks — See Ch. 118.
Property maintenance — See Ch. 178.
No person shall climb on, jump on or attempt to ride upon a fire truck or other piece of fire apparatus on its way to or returning from a fire. A fireman in the performance of his duties may board any fire apparatus upon fire station premises.
No person shall willfully give or cause to be given a false alarm of fire in this Village.
A. 
No person shall willfully obstruct the operation of the Fire Department in the execution of its duties in quelling or preventing fires.
B. 
No person shall willfully neglect or refuse to obey or attempt to prevent or obstruct the execution of any lawful order of the Fire Chief at any fire within the Village.
Any violation of any provisions of this article shall be punishable by a maximum fine of $250 or a term of imprisonment not to exceed 15 days, or both.
This article shall be known as the "Fire Prevention Code of the Village of North Syracuse."
This article shall provide the method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of North Syracuse. This article further establishes powers, duties and responsibilities in connection therewith.
A. 
The definitions for this article shall be the same as provided in the Village of North Syracuse Municipal Code Chapter 1, General Provisions, Article I, Terminology.
B. 
As used in this article, the following terms shall have the meanings indicated:[1]
FIRE CHIEF
The Chief of the North Syracuse Fire Department.
MUNICIPALITY
The Village of North Syracuse, New York.
NYSUFP&BC
The New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
There is hereby established the Fire Prevention Bureau. Said office shall operate under the administrative control of the Fire Marshal. In the absence of the Fire Marshal, an Assistant Fire Marshal will assume administrative control of the Fire Prevention Bureau. The Fire Prevention Bureau shall be comprised of the Fire Marshal and up to five Assistant Fire Marshals, who shall be appointed by the Mayor subject to the approval of the Board of Trustees.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original § 104-9, Designation of Chief Fire Marshal and code enforcement officers, and § 104-10, Appointment of Assistant Fire Marshals, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The members of the Fire Prevention Bureau, acting individually or collectively, shall be responsible for the administration and enforcement of all provisions of the NYSUFP&BC, this code and any other applicable provisions of law within the Village. They also shall perform any or all of the following duties:
A. 
Enforce the provisions of the Fire Prevention Code of the Village of North Syracuse.
B. 
Inspect all high-hazard sites, places of assembly and multifamily residences every year.
C. 
Inspect and coordinate inspections of all other Village businesses. (NOTE: The above inspections do not include reinspections which are necessary to have a violation corrected.)
D. 
Issue orders to remedy, summons and violation notices to all those in violation of the fire prevention laws of the Village.
E. 
Appear in court when necessary in regard to violations of the Fire Prevention Code.
F. 
Act as consultants in problems relating to fire and life safety.
G. 
Investigate all fires and all injuries resulting from fires within the municipality.
H. 
Provide the Fire Department with information on buildings, sprinkler systems, etc., that would be a valuable tool in preplanning for fires.
I. 
Maintain fire records and inspection records for the purpose of seeing where the greatest hazards and losses occur.
J. 
Review plans of proposed construction to ensure that all provisions of the NYSUFP&BC are met.
K. 
Conduct public education programs in fire and life safety.
L. 
Attend various schools and seminars to further the education of the administrators of the Fire Prevention Code.
M. 
Visit places of public assembly during programs to ensure compliance with the NYSUFP&BC and the Village of North Syracuse Municipal Code.
N. 
Make reinspections as necessary.
O. 
Perform any other task assigned by the Mayor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Fire Marshal or Assistant Fire Marshals are authorized, in the performance of their duties, to conduct periodic inspections for compliance with the provisions of the NYSUFP&BC, this code or any rules or regulations adopted pursuant thereto.
B. 
The owner, lessee, tenant, manager or operator of any building premises shall permit the Fire Marshal or any duly appointed Assistant Fire Marshals to enter and inspect his building or premises. Such inspections shall be conducted at a reasonable hour.
C. 
If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal or Assistant Fire Marshals may apply for a warrant to make an inspection to any court of competent jurisdiction.
D. 
In case of emergency the Fire Marshal or Assistant may, without a warrant, enter any premises or parts of premises to inspect the same at any time without permission of the person in possession or occupancy.
The Fire Marshal is hereby authorized to establish rules and regulations for the administration and enforcement of the NYSUFP&BC or this article. Such rules and regulations shall not be less stringent than the NYSUFP&BC, this article or other provisions of the law and shall be subject to the approval of the Mayor and Board of Trustees.
The Fire Prevention Bureau may request and shall receive, so far as may be necessary in the discharge of its duties, the assistance and cooperation of the Police, Fire and Building Departments or any official of other municipal departments exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
[Amended 4-14-2005 by L.L. No. 1-2005]
The Fire Marshal or Assistant Fire Marshal shall inspect, or cause to be inspected, all buildings and structures damaged by fire or explosion within the Village. The Fire Marshal or Assistant Fire Marshal shall also inspect, or cause to be inspected, all fires involving fuel-burning appliances, gas vents and chimneys. The purpose of the foregoing is to determine the structural stability of the structure as it relates to the safety of its occupants and to the safety of the general public. A complete report of such inspection shall be retained by the Fire Marshal. A copy of the report shall be forwarded to the Fire Department to convey all pertinent circumstances of the fire and/or explosion to it.
The Fire Prevention Bureau shall be responsible for the issuance of permits, notices and approvals or orders pertaining to fire prevention or the control of fire hazards as provided for in the NYSUFP&BC, this code or any rule or regulation adopted pursuant thereto.
A. 
The Fire Prevention Bureau shall keep official records of all permits issued, inspections or reinspections conducted and any recommendations made, complaints and violation orders issued, any outstanding violations and of any fires occurring within the Village. All such records shall be a public record and shall be maintained and available as required by law.
B. 
A record of examinations, approvals and exceptions granted shall be maintained in the Fire Prevention Bureau and shall be available to all persons for public inspection during regular business hours.
A report of the Fire Prevention Bureau shall be made annually and transmitted to the Mayor; it shall contain all proceedings under the Fire Prevention Code, with such statistics as the Bureau may wish to include therein.
The Fire Marshal is authorized, with the approval of the Village Board, to establish fire limits wherein certain hazardous processes, operations or conditions shall be limited and/or prohibited.
A. 
Fire limits in and for this Village shall be and are hereby declared and established to be the boundaries of the Business C-1 District, Commercial C-2 District, Planned Development District, Village Center C-3 District, Commercial-Transitional C-T District, Residential Senior Citizen R-SR District and Multiple Residential R-M District as set forth in or hereafter established pursuant to Chapter 240, Zoning, of the Village Municipal Code, except that portion of the Planned Development District known as Nos. 403, 405 and 407, East Taft Road. The Bureau shall also recommend any amendments to the NYSUFP&BC which, in its judgment, shall be desirable.
B. 
The limits referred to in the NYSUFP&BC in which storage of explosives and blasting agents is prohibited are hereby established as set forth in Subsection A herein.
C. 
The limits in which the storage of flammable liquids in outside aboveground tanks is prohibited are established as set forth in Subsection A herein.
D. 
The limits in which new bulk plants for flammable or combustible liquids are prohibited shall be and hereby are declared and established as all districts, except industrial, pursuant to Chapter 240, Zoning, of the Code of the Village of North Syracuse.
A permit issued by the Fire Prevention Bureau shall constitute permission to maintain, store or handle material or conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law.
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 within the required time period.
Permits shall not be transferable, and any change in use, occupancy, location, ownership or tenant shall require a new permit.
When a temporary hazardous situation is anticipated for conditions not otherwise regulated by this article or the NYSUFP&BC, the Fire Prevention Bureau is authorized, based on applicable data, to issue a temporary special permit for the duration of the hazard upon satisfaction that appropriate temporary safety precautions are in place.
When more than one permit is required for the same property or premises, a single permit may be issued listing all material or operations covered. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
A. 
Applications for permits shall be made to the Fire Prevention Bureau in such form and detail as it shall prescribe and shall include complete answers by the applicant to all questions on such forms.
B. 
Applications for permits shall be accompanied by such plans as required by the Fire Prevention Bureau. Applications for permits shall be accompanied by such fees, payable to the Village Clerk, as may be prescribed in the schedule of fees adopted pursuant to this article.
The Fire Prevention Bureau shall review all applications submitted and shall determine compliance with applicable provisions of the NYSUFP&BC and generally accepted standards and issue permits as required.
Whenever an applicant is aggrieved by an action of the Fire Prevention Bureau, the applicant may appeal from the decision of the Fire Prevention Bureau within 30 days from the date of the decision in accordance with § 115-40 of this chapter of the Code of the Village of North Syracuse.
Permits shall be kept on the premises covered by the permits or carried by the permit holder, as specified by the Fire Prevention Bureau.
The Fire Marshal shall be notified when the installation is ready for inspection, and he shall conduct the inspection within a reasonable period of time. When any construction or installation work is being performed in violation of the plans and specifications as approved by the Bureau or in the absence of the same or in violation of the NYSUFP&BC or the Village Municipal Code, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall continue until the violation has been abated and the stop-work order has been rescinded.
Whenever any installation subject to inspection prior to use is covered or concealed without first having been inspected, the Fire Marshal may require by written notice that such work be exposed for inspection.
Permits shall be issued by and bear the name and signature of the Fire Marshal and specify:
A. 
The activity or operation for which the permit is issued.
B. 
The address or location where the activity or operation is to be conducted.
C. 
The name and address of the permittee.
D. 
The permit number and date of issuance.
E. 
The period of permit validity.
F. 
The inspection requirements.
The Fire Marshal or Assistant Fire Marshal may suspend or revoke any permit when it is determined 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 plans on which the permit or approval was based.
A. 
Permits shall be required for the following:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
Cellulose nitrate plastics (pyroxylin): to store, keep or have more than 25 pounds of cellulose nitrate plastics (pyroxylin) or to manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembly of other articles.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet except agricultural products on a farm.
(8) 
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.
(9) 
Compressed gases: to store, handle or use at normal temperatures and pressures more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas, or to store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
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.
(13) 
Explosive, ammunition and blasting agents.
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids.
(a) 
To store, handle or use flammable liquids in excess of five gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 25 gallons outside of any building. This provision shall not apply to:
[1] 
Liquids in the fuel tanks of a motor vehicle, aircraft, portable or stationary engine or portable heating plant.
[2] 
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.
(d) 
For dispensing flammable or combustible liquids in stationary tanks.
(e) 
For the storage of flammable or combustible liquids in stationary tanks. See also § 240-39, Storage of flammable liquids, of Chapter 240, Zoning, of the Code of the Village of North Syracuse.
(f) 
For the abandonment or removal of underground tanks.
(15) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal fogging operations.
(18) 
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 more than 1,000 pounds of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Junkyards: to operate a junkyard.
(20) 
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 people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels and restaurants, each having a capacity of 20 or more persons. Installers shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection, when requested.
(21) 
Lumberyards: to operate a lumberyard.
(22) 
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches.
(a) 
To manufacture matches.
(b) 
To store in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400º 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.
(26) 
Places of assembly: to maintain, operate or use a place of assembly.
(27) 
Service stations and garages: to operate a service station or repair garage.
(28) 
Tent and air-supported structures: to erect, maintain, operate or use a tent or air-supported structure in excess of 120 square feet.
(29) 
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 permit holder.
(30) 
Sale or installation of fire detection, fire suppression or alarm systems pursuant to § 142-21 of the Code of the Village of North Syracuse.
The Fire Prevention Bureau shall examine or cause to be examined all plans submitted by the Codes Enforcement Officer for evidence of compliance with those portions of the NYSUFP&BC and this article as are not reviewed by the Codes Enforcement Officer and shall approve such plans that meet the requirements of such code. The Fire Marshal and Assistant Fire Marshal may require tests or such other investigations to be conducted by an agency satisfactory to him or her when an appliance, device, equipment, system or plan intended for installation does not specifically meet the requirements of the NYSUFP&BC but meets the intent of the NYSUFP&BC. Such tests or investigations shall be based upon test standards by nationally recognized testing laboratories and shall be paid for by the applicant. The approval of plans containing omissions or errors shall not, however, relieve the applicant of complying with all requirements of this article or other applicable building laws or regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Buildings and structures shall not be occupied or used prior to the issuance of certificate of occupancy as provided in Chapter 90, Building Construction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Fire Prevention Bureau is hereby authorized to issue parking tickets for vehicles or other obstructions found to be:
A. 
Parked in established fire lanes or access roads.
B. 
Blocking fire hydrants.
C. 
Blocking fire-protection equipment.
A person owning, operating, occupying or maintaining property or premises within the scope of the NYSUFP&BC or this article shall comply with all such provisions of the NYSUFP&BC, this article or any orders, notices, rules, regulations or determinations issued in connection therewith.
A. 
The Fire Prevention Bureau shall have the authority to require immediate abatement of any condition which is a violation of any provision of the NYSUFP&BC or this article and which, in the opinion of the Fire Marshal, presents an imminent hazard to life or property.
B. 
The Fire Prevention Bureau 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 with prior permission of the Fire Prevention Bureau, no person shall enter any premises which has been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or portion thereof.
A. 
Issuance. Except as provided for in § 115-36, whenever the Fire Marshal finds that there has been a violation of the NYSUFP&BC, this article or any rules or regulations adopted pursuant thereto, he or she shall issue a notice of violation order to the person or persons responsible.
B. 
Contents. 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 procedures by which an appeal may be made.
C. 
Service. Violation orders may be served by personal service, 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 or persons responsible as set forth in the NYSUFP&BC.
In case the owner, lessor, occupant, agent or any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Fire Prevention Bureau shall commence appropriate legal action in any court of competent jurisdiction to compel compliance.
A. 
Except as provided in Executive Law § 382, any person who shall violate any of the provisions of the NYSUFP&BC, this article or any rules or regulations adopted pursuant thereto shall severally for each and every such violation and noncompliance, respectively, be guilty of a violation, punishable by a fine of not more than $250 or a term of imprisonment not to exceed 15 days, or both.
[Amended 6-9-2005 by L.L. No. 4-2005]
B. 
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 day that prohibited conditions are maintained shall constitute a separate offense.
C. 
Injunctive relief. An action or proceeding in the name of the Village may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of the NYSUFP&BC, this code, any rule or regulation adopted pursuant to this code or a violation order or an order 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.
Appeals or variances from the decision of the Fire Prevention Bureau shall be in accordance with the regulations of the Secretary of State (19 NYCRR 440; Executive Law § 381, Subdivision 1f).[1]
[1]
Editor's Note: Former Art. III, Sprinkler Systems, as amended, which immediately followed this section, was repealed 3-25-2010 by L.L. No. 2-2010.