Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 12-29-1989 by L.L. No. 4-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 56.
Unsafe buildings — See Ch. 67.
Fissionable materials — See Ch. 85.
Flood damage prevention — See Ch. 89.
Sanitary sewers — See Ch. 124.
Subdivision of land — See Ch. 137.
Tree and topsoil removal; grading and excavating — See Ch. 150.
Water — See Ch. 157.
Zoning — See Ch. 164.
Sewer specifications — See Ch. A167.
Street specifications — See Ch. A168.
[1]
Editor's Note: This local law also superseded former Ch. 82, Fire Prevention and Building Code Administration, adopted as a portion of Ch. 26 and §§ 30.50 and 30.53 of Warwick Municipal Code, 1973, as amended.
This chapter shall be known as the "Town of Warwick, New York, State Uniform Fire Prevention and Building Code Administration and Enforcement Law."
It is the intent of this chapter to provide for the administration and enforcement of the provision of all laws, codes, ordinances, regulations, including the New York State Uniform Fire Prevention and Building Code, and orders applicable to:
A. 
The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town of Warwick.
B. 
Fire prevention and firesafety regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosion arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.
[Amended 6-11-2015 by L.L. No. 1-2015]
Included as part of this chapter and referenced hereto is the New York State Uniform Fire Prevention and Building Code applicable by Article 19 of the New York State Executive Law, and it shall supersede any inconsistent Warwick Town Code provisions herein.
A. 
The Town Board of the Town of Warwick does hereby establish the office, to be known as the "Office of the Building Inspector."
B. 
Purpose. The purpose of this Office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders, including the New York State Uniform Fire Prevention and Building Code, applicable to the location, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town.
C. 
Personnel.
(1) 
Building Inspector. The Office shall be headed by a Town officer designated as the "Building Inspector." The Building Inspector shall be appointed by the Town Board at a compensation to be fixed by the Board. The Building Inspector shall report directly to the Town Board and shall not be under the jurisdiction of any other Town department.
(2) 
Deputy Building Inspector. The Town Board may appoint a Deputy Building Inspector as the need may appear.
(3) 
Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the function of the Office. The compensation of such employees shall be fixed by the Town Board.
(4) 
Acting Building Inspector. In the absence of the Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Building Inspector and to exercise all the powers conferred upon him by this chapter.
A. 
The Town Board of the Town of Warwick does hereby establish the office to be known as the "Office of the Fire Marshal."
B. 
Purpose. The purpose of this Office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to fire prevention and firesafety.
C. 
Personnel.
(1) 
Fire Marshal. The Office shall be headed by a Town officer designated as the "Fire Marshal." The Fire Marshal shall be appointed by the Town Board at a compensation to be fixed by the Board. The Fire Marshal shall report directly to the Town Board and shall not be under the jurisdiction of any other Town department.
(2) 
Deputy Fire Marshal. Deputy fire Marshal(s) may be appointed by the Town Board. Their appointments shall continue at the pleasure of the Town Board. Each Deputy Fire Marshal shall have the authority to make fire prevention inspections under Chapter C of the Uniform Code. A copy of any inspection report or other report of other official action shall be filed with the Fire Marshal.
(3) 
Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the functions of the Office. The compensation of such employees shall be fixed by the Town Board.
(4) 
Acting Fire Marshal. In the absence of the Fire Marshal or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on the behalf of the Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this chapter.
D. 
The Building Inspector may be designated and appointed by the Town Board of the Town of Warwick to hold the simultaneous position of Fire Marshal.
The Building Inspector, Deputy Building Inspector, Acting Building Inspector, Fire Marshal, Deputy Fire Marshal and Acting Fire Marshal are code enforcement officials as defined in the Uniform Code.
A. 
Fire Coordinator. (Reserved).
B. 
Assistant Fire Coordinators. The Building Inspector and the Fire Marshal are hereby designated "Assistant Fire Coordinators" for the Town of Warwick.
A. 
Building Inspector. Except as otherwise provided by law, ordinance, rule or regulation, the Building Inspection shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereof not specifically delegated as responsibilities of the Fire Marshal.
B. 
Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and firesafety.
C. 
Joint responsibilities on Uniform Code. The Building Inspector and the Fire Marshal shall jointly administer and enforce provisions of the Uniform Code dealing with building construction related to fire prevention and firesafety.
D. 
Other duties.
(1) 
The Building Inspector and/or the Fire Marshal, as may be appropriate, shall issue notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations.
(2) 
The Building Inspector, Code Enforcement Officer and Fire Marshal shall keep official records of all transactions and activities of their respective offices, including records of all applications received, all permits and certificates issued, inspections conducted and notices and orders issued.
[Amended 6-11-2015 by L.L. No. 1-2015]
(3) 
In addition to duties specified in this chapter, the Building Inspector and Fire Marshal shall perform such other duties as may be assigned by the Town Board.
(4) 
The Fire Marshal may assist, where practicable, in determining the cause and origin of any fire occurring in the Town of Warwick which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
All provisions of the Uniform Code, including but not limited to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices, shall apply equally to new and existing buildings and conditions.
B. 
The Building Inspector and/or Fire Marshal, as may be appropriate, shall have the authority to permit the continuance of existing conditions not in strict compliance with the terms of this chapter where the exceptions do not constitute a distinct hazard to life or property or a violation of the Uniform Code.
A. 
Whenever the Building Inspector or Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Uniform Code do not apply or that the intent and meaning of this chapter have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building Inspector or Fire Marshal to the New York State Uniform Fire Prevention and Building Code Board of Review, established under the applicable provisions of the New York State Executive Law.
B. 
The procedures set forth herein for appeals shall not prohibit the Building Inspector or Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this chapter has been corrected when such hazard or existence of such violation constitutes a distinct hazard to life or public safety.
A. 
No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building or structure or change in use or occupancy of any building or structure without first obtaining appropriate required permits from the Building Inspector or Fire Marshal. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this chapter.
B. 
Application for a permit shall be made, on forms provided by the Town, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work.
C. 
Each application for a permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction, as well as the location of all existing structures on the site, distances from lot lines, the relationship of structures on adjacent property, widths and grades of adjoining streets, walks and alleys, watercourses, easements and utilities on the property. Said plans and specifications shall provide sufficient information to ensure compliance with the Uniform Code and shall show the size of all proposed new construction and describe the nature and character of the work to be performed and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data.
D. 
The aforementioned requirements of this section may be waived by the Building Inspector where it appears that strict application of this section would create an undue hardship and where it further appears that the strict application of this section would not result in a violation by the applicant of any of the other sections of this chapter or of any other ordinance, rule or regulation.
E. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York,[1] the seal of a licensed architect or a licensed professional engineer.
[1]
Editor's Note: See now § 7307 of the Education Law.
F. 
The Fire Marshal shall issue all permits for solid-fuel-burning appliances, chimneys and/or flues.
G. 
Amendments to any application, plan or specifications may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to approval of the Building Inspector and/or Fire Marshal, as may be appropriate.
A. 
The Building Inspector and/or Fire Marshal, as may be appropriate, shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith.
B. 
Upon the payment of the required fee and upon satisfactory proof being given that the applicant is in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector or Fire Marshal, as may be appropriate.
C. 
Any permit granted hereunder shall be limited only to the activity authorized on said permit, and its continued validity shall be subject to the conditions set forth in said permit.
D. 
Any permit granted hereunder shall not be transferable except when transfer is approved by the appropriate official, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.
E. 
Permits shall continue until revoked as provided for herein or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that satisfactory justification can be shown for failure to start or complete the work or activity authorized within the required time period.
F. 
Any application for or acceptance of any permit issued or requested pursuant to this chapter constitutes agreement and consent by the person making application or accepting the permit to allow the Building Inspector and/or Fire Marshal to enter upon the premises at any time to conduct inspections as required by this chapter. Refusal to allow the Building Inspector or Fire Marshal to conduct said inspections of the premises and their records related to such permit or required to be maintained by this chapter shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Building Inspector or Fire Marshal deem it necessary, either may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
G. 
Consolidate permits. When more than one permit is required by the Fire Marshal for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation or suspension as set forth herein of a portion or portions of such consolidated permit for specific hazardous materials or operations may, at the sole discretion of the Fire Marshal, be sufficient cause to revoke or suspend the other permitted activities.
A schedule of fees is on file and available in the Town office.
A. 
A building permit shall be effective to authorize the commencing and continuance of work in accordance with the application, plans and specification on which it is based for a period of 12 months after the date of issuance. For good cause shown, the Building Inspector may allow a maximum of two extensions for commencement of such work for periods not exceeding six months each. Other permits shall be effective as stated in other sections of this chapter.
B. 
The issuance of a permit shall constitute authority to the applicant to proceed with the work in accordance with all applicable laws, codes, ordinances, rules and/or regulations.
C. 
A building permit shall become void if work does not commence within one year after the date of issuance, unless extended as provided in Subsection A above.
D. 
Permits issued by the Fire Marshal shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Such permits issued by the Fire Marshal shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefor and the payment of the applicable permit fee.
[Amended 6-11-2015 by L.L. No. 1-2015]
A. 
The Building Inspector and Fire Marshal shall have the authority to revoke permits issued by them as follows:
(1) 
Where it is found that there have been false statements or misrepresentations as to a material fact in the application, plans or specifications upon which the permit was granted.
(2) 
Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable laws, codes, ordinances, rules or regulations.
(3) 
Where the person to whom the permit has been issued fails or refuses to comply with a stop-work order duly issued by the Building Inspector.
B. 
In the event of a violation of this chapter, the Fire Marshal may, in addition to the other penalties provided for herein, suspend said permit until such time as the violation is corrected. Should the Fire Marshal determine that the violation constitutes a distinct hazard to life or public safety, he may order the premises secured immediately until said violation is corrected.
A. 
Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is proceeding without permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provision of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site.
A. 
A schedule of required inspections shall be made available to all applicants for permits.
B. 
It shall be the responsibility of the owner or his agent to notify the Building Inspector and/or Fire Marshal when work is ready for each required inspection.
C. 
Inspections of all work authorized by a building permit shall be requested by notification of the Building Inspector and/or Fire Marshal not less than one working day prior to the time the inspection is to be scheduled. All inspections shall be scheduled as soon as possible, subject to the availability of the Building Inspector and Fire Marshal.
D. 
Firesafety inspections shall be conducted on a regular schedule by the Fire Marshal. All areas of public assembly shall be inspected at least once a year. Multiple dwellings and all nonresidential occupancies shall be inspected at least once every two years. Dwellings shall be inspected only upon bona fide complaints or upon request of the owner or occupant.
E. 
Inspections of the installation of any solid-fuel-burning heating appliances and associated chimneys and flues shall be conducted by the Fire Marshal. No person shall use or permit the use of any solid-fuel-burning appliance, chimney or flue which has been installed, constructed, reconstructed, repaired or altered or which has been subjected to a chimney fire, unless and until said appliance, chimney or flue has been inspected by the Fire Marshal and a certificate of compliance issued by him. Failure to comply with these provisions is a violation of this chapter and is grounds for ordering that the premises be vacated.
F. 
For all other inspections, specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be at the discretion of the Building Inspector and/or Fire Marshal or in accordance with established procedures, rules or regulations.
G. 
Failure to request a required inspection shall be cause for rejection of the work or an order to expose the work for inspections.
H. 
Where permits are required, the Building Inspector and/or Fire Marshal may at any reasonable hour enter any building or premises within the Town of Warwick for the purpose of making the required inspections.
I. 
Upon written complaint of any person, duly affirmed under the penalty of perjury, alleging a violation of this chapter or of the Uniform Code, the Building Inspector and/or Fire Marshal shall investigate the complaint and make written report to the complainant, owner of the property, the Supervisor and the Town Board.
J. 
The Building Inspector and/or Fire Marshal may at any reasonable hour enter any building or premises for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter and the Uniform Code.
K. 
Should entrance to make an inspection be refused or permission to enter be unable to be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
L. 
Open burning must be done in accordance with the Orange County Clean Air Act. All controlled burnings must first be checked by the Fire Marshal for compliance and properly set up with notification to the respective Fire Chiefs and Departments, Town Clerk, Warwick Police Department and the Orange County Fire Dispatchers' office.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been duly issued by the Building Inspector.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
A. 
When, after final inspection, it is found that the proposed work has been fully completed in accordance with all applicable building laws, ordinances, rules and regulations and also in full accordance with the application, plans and specifications filed in connection with the issuance of the permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by his office. In the event that it is found that all proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the applicable building regulations.
B. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
C. 
The owner or his agent must submit to the Building Inspector an instrument survey map showing the true location of the new building or additions in reference to all the property lines and existing structures. The Building Inspector may waive this requirement for minor additions.
A. 
Certificates of compliance shall be used to indicate conformance with this chapter and the Uniform Code of installations which require inspection but would not be issued a certificate of occupancy. Such installations include but are not limited to solid-fuel-burning heating appliances and their associated chimneys and flues, swimming pools and their fences, plumbing installations, other equipment installations, installation and removal of underground tanks and firesafety inspections.
B. 
Certificates of compliance shall be issued by the Building Inspector or Fire Marshal only after inspection which shows installation is in conformance with this chapter and the Uniform Code.
C. 
Certificates of compliance may be revoked when there has been substantial and unauthorized change in conditions which render or may render the installation not in conformance with this chapter and the Uniform Code.
A. 
Permits shall be obtained from the Fire Marshal, in addition to any other required approvals, for the following:
(1) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except for agricultural products on a farm.
(2) 
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 3,500 cubic feet gross volume, on any premises.
(3) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures at pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied hydrogen gas.
(4) 
Day-care center: to operate a day-care center as defined by the Uniform Code.
(5) 
Explosive ammunition and blasting agents:
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
Town use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(6) 
Flammable and combustible liquids:
(a) 
For processing, blending or refining of flammable or combustible liquids.
(b) 
To install, alter or replace any underground or aboveground tank, pump, piping and other equipment relating to the storage of flammable and combustible liquids.
(7) 
Flammable finishing for spraying, coating or dipping operation utilizing flammable or combustible liquids.
(8) 
Hazardous chemicals: to store, handle or use more than 55 gallons of corrosive liquids or more than 50 pounds of organic peroxides or more than 50 pounds of nitromethane or 1,000 pounds or more of ammonium nitrate fertilizers and fertilizer mixtures containing 50% or more of ammonium or any amount of toxic materials or poisonous gas.
(9) 
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons' or more water capacity and for each permanent installation, irrespective of the size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreation purposes. Installers shall maintain a record of all installations and replacements of portable cylinders and shall have it available for inspection.
(10) 
Waste oil heater: to operate, maintain or use a waste oil heater in any service station, self-service station or repair garage.
B. 
All such permits as herein required shall be valid for a period of one year and shall be renewed yearly upon application therefor and the payment of the permit fee as herein required.
A. 
Whenever it is found that a building or structure or part thereof may be an imminent danger to life and safety of the public, the Building Inspector and/or Fire Marshal may require the occupants of any such building or structure or any 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, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, remove contents of or to demolish and remove such building or structure or part thereof.
B. 
In addition to the above-mentioned provisions, the Fire Marshal shall report to the Building Inspector the location of any building or structure which has been damaged by a fire or explosion for any action deemed appropriate by the Building Inspector.
C. 
The Chief of the primary responding Fire Department shall notify the Fire Marshal and the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, flue or gas vent.
Whereas the New York State Uniform Fire Prevention and Building Code makes reference to various subjects dealing with fire protection and fire prevention practices and provides only general procedures for administering said code, it is hereby deemed necessary and appropriate to set forth the additional administrative and enforcement procedures for the Town of Warwick to enable the Building Inspector and/or the Fire Marshal to effectively enforce the provisions of this chapter. The specific areas of fire protection and/or fire prevention which are the subject of these additional administrative provision are set forth herein, and each subject is referenced to the applicable section of the Uniform Code where such subject is addressed.
Reference: Uniform Code, Part 1161.
A. 
All premises and buildings in the Town of Warwick which Fire Departments may be called upon to protect in case of fire shall be provided with suitable access roads and fire lanes so that all buildings on the premises are accessible. Where new construction or additions to existing structures are proposed, the Fire Marshal shall recommend to the Planning Board or other agency or board responsible for the approval of such new construction or addition the location of access roads and fire lanes. During construction and until such time as permanent roads and/or fire lanes are in place, suitable access roads shall be constructed and maintained so as to provide access for firefighting equipment, emergency vehicles and others who may be required to enter upon the premises for the purpose of making required inspections or for other purposes.
B. 
Fire lanes shall be a minimum of 25 feet in width. The Fire Marshal shall have the authority to modify the width requirements of fire lanes where such widths may be in conflict with other requirements of law.
C. 
Fire lanes shall be clearly designated by suitable signs to be provided by the owners or occupants of the premises. Failure to replace or repair damaged, rusted or faded signs within 30 days after written notice shall have been served upon the owner or occupant shall constitute a violation of this chapter.
D. 
The signs required to be posted by this chapter shall conform to the size and color requirements for parking signs as set forth in the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation. In addition, said signs shall also:
(1) 
Have arrows pointing in the direction of the area designated as a fire lane.
(2) 
Be posted not more than 50 feet apart.
(3) 
Be of a permanent nature, not portable or removable, except where otherwise directed by the Fire Marshal.
E. 
No person shall park or stand a vehicle in a designated fire lane, except in obedience to direction of a police office or stop sign, nor shall any person in any manner obstruct any fire lane or other access to a building or premises or otherwise obstruct a source of water or other service necessary for firefighting purposes.
(1) 
Whenever the Fire Marshal, police officer or a duly authorized assistant deems that an obstruction to or on a fire lane or other means of access to a building or premises or that an obstruction to a source of water or other service necessary for fire-fighting purposes is such that it constitutes a distinct hazard to life or public safety or is interfering with the operation of the Fire Department during an emergency, he may order the obstruction removed immediately at the owner's expense.
(2) 
In addition to the foregoing penalties, any vehicle or other obstruction found standing, parked or left in a fire lane or parked or left within 15 feet of a fire hydrant shall be subject to being ticketed for a parking violation, as necessary, or may be removed, towed away and/or stored by or at the discretion of any police officer, Fire Marshal or deputy Fire Marshal. Any such removal, towing and storage as herein provided may be performed by a private towing contractor, and any and all expenses related thereto shall be the responsibility of the owner or person entitled to possession of said vehicle or obstructing article.
Reference: Uniform Code, Part 1162. Whenever any special security methods or security devices deemed necessary by the owner or person in charge of the premises affect the means of egress, such security methods or security devices shall not be used or installed without first obtaining the written consent of the Building Inspector or Fire Marshal.
A. 
Reference: Uniform Code, Section 1163.13a.
(1) 
Fire Department connections for standpipe and sprinkler systems shall be accessible to emergency use at all times. No obstructions of any type shall be placed within 10 feet of said connections. The same requirements shall apply to snow removal and plowing.
(2) 
Fire hydrants in residential districts shall not exceed a maximum of 500 feet apart. In higher-density areas, such as apartments, commercial or industrial districts, hydrants shall not exceed a maximum of 300 feet apart and shall be so located that the buildings can be reached by comparatively short hose lays from more than one hydrant. The location and size of water mains and hydrants shall be subject to the approval of the Fire Marshal and/or Town Engineer.
(3) 
Fire hydrants.
(a) 
The location of public and private hydrants shall not exceed the maximum distance herein established. Hydrants located in subdivisions and other residential areas shall be located at intersections whenever possible.
(b) 
In areas where new construction is being undertaken and public or private water mains and hydrants do not exist, water mains and hydrants shall be installed and be in proper operating condition prior to the commencement of any aboveground connection.
(c) 
No person shall cause any obstruction to be placed within 15 feet of any public or private fire hydrant except those officially authorized to do so.
(d) 
Privately owned water mains and fire hydrants on property devoted to public use, including but not limited to multiple-dwelling complexes, churches, commercial buildings, schools, places of assembly and shopping centers, shall be regularly maintained and annually serviced by the owner or person generally in charge of the subject premises. Such maintenance and annual servicing shall be conducted in accordance with generally accepted standards, and records of such annual maintenance shall be kept on the premises so that same is available for examination.
B. 
Sprinkler systems. Reference: Uniform Code, Section 1163.13b. All sprinkler systems shall be annually inspected, tested and repaired as necessary in compliance with the applicable nationally recognized standards referenced in this chapter or the Uniform Code. A copy of the inspection and testing shall be kept on the premises so that same is available for examination.
Reference: Uniform Code, Section 1163.13f. All fire alarm systems that transmit a signal to any emergency dispatch center, whether directly or indirectly, shall be approved by the Fire Marshal prior to the time of their installation.
Reference: Uniform Code, Section 1164.2.
A. 
The Fire Marshal shall establish the maximum number of occupants permitted within assembly spaces and areas of public assembly within the Town of Warwick.
B. 
The owner of any premises containing an assembly space or area of public assembly shall post a permanent sign which specifies the maximum number of occupants permitted in the space or area, and this number shall not be exceeded.
C. 
It shall be unlawful for the owner, manager or other person in charge of the premises to knowingly permit occupancy of the premises to exceed the occupancy limits established by the Fire Marshal. Failure to so prevent overcrowding shall constitute a violation of this chapter.
D. 
No person shall refuse to vacate any premises in which the occupancy limits have been exceeded when directed to do so by the management of the premises, police office, Building Inspector, Fire Marshal or any other official authorized to enforce the provisions of this chapter. Failure to so vacate the premises shall constitute a violation of this chapter.
Reference: Uniform Code, Section 1164.3.
A. 
Storage and handling of motor vehicle fuel.
(1) 
Underground storage tanks containing gasoline, oil or other liquid that generates flammable vapors at normal temperatures shall be limited to a maximum of 12,000 gallons per tank.
(2) 
The Fire Marshal or his duly authorized representative may order the owner or occupants of premises having liquid storage tanks to have such tanks or associated piping tested by methods prescribed by the Fire Marshal when the Fire Marshal has reasonable cause to believe that such tanks or piping may contain a leak.
(3) 
Leaking tanks containing any flammable or combustible liquid or any pump or piping used in connection therewith which may be defective or in need of repair shall be repaired or replaced immediately, and the Fire Marshal, in his sole discretion, shall determine whether the station or facility must cease any or all operations while such repairs or replacements are being done.
(4) 
No installation, alteration or replacement of underground or aboveground tanks, pumps, piping and other equipment relating to the storage of flammable liquids shall be permitted without prior notification to the Fire Marshal, nor shall any pressure test or other test for leaks be conducted without giving at least 24 hours' prior notification to the Fire Marshal.
(5) 
No more than one gasoline tank truck shall be permitted to deliver flammable liquids on the premises of a gasoline service facility at any one time. Before making any deliveries to underground tanks, the driver or other authorized person shall set the brakes of the truck and shall turn off the engine of the vehicle. Evertite or O.P.W. fill couplings, or equivalent, must be used when unloading flammable liquids from the tank truck to the storage tank. The driver shall remain at the point of delivery to prevent spillage and overflow. In case of spillage or overflow, the Fire Department shall be notified immediately.
(6) 
All accidental spillage or leakage of flammable liquid to quantities of five United States gallons or greater shall be immediately reported to the Fire Department.
(7) 
A sufficient quantity of Stay Dry absorbent, or equivalent, must be kept on the premises at all times for flammable liquid spills and should be used for the purpose, whenever possible, instead of flushing with water.
(8) 
The telephone number of the owner, lessee or station operator shall be posted on the door in a conspicuous location so that proper notification can be made in the event of an emergency.
B. 
Self-service stations. Self-service station shall mean that portion of the property where Class 1 liquids used as motor vehicle fuels are dispensed from fixed approved dispensing equipment into the fuel tanks of motor vehicles or approved portable containers by persons other than the service station attendant. Self-service stations, in addition to the requirements set forth herein for the storage and handling of motor vehicle fuel, shall also be subject to the following:
(1) 
Self-service pumps and nozzles shall be confined to service islands with no more than three self-service dispensing units per island, each of which dispensing unit shall utilize no more than two hoses and nozzles per unit. Approved dispensing devices, such as but not limited to card-operated and remote-preset types, shall be permitted, provided that the dispensing of Class 1 liquids is under the direct supervision of a qualified attendant whose duties and qualifications shall comply with the standards and guidelines established by the Fire Marshal.
(a) 
Self-service gasoline station attendants shall be at least 18 years of age, properly trained and physically fit to act in an emergency.
(b) 
Trainees enrolled in a school training program who are at least 16 years of age need not meet the basic age requirement.
(2) 
All self-service gasoline dispensing units shall be equipped with the following:
(a) 
A control device that will permit the pump to operate only when the dispensing nozzle is removed from its bracket on the dispensing unit and the switch for which is manually activated. Said control device shall also stop the pump when the nozzle has been returned to its bracket.
(b) 
A means of being secured, locked or otherwise inoperable when the station is not open for business.
(3) 
The areas where said Class 1 liquids are dispensed shall be equipped with all of the following:
(a) 
A traffic mirror, of sufficient size, located on each end of each pump island to give the attendant clear and unobstructed view of each island, said mirrors to be installed in locations approved by the Fire Marshal.
(b) 
A two-way communication system of the public address type to facilitate direct and individual communication between the control room area and each pump island at all times that Class 1 liquids are being dispensed.
(c) 
An automatic fire-extinguishing system installed in conformity with nationally recognized good practices and standards approved by the Fire Marshal. Said system shall also be designed so as to be able to be activated from a location remote from the pump island area, preferably in the control room area if said station is so equipped, and to automatically terminate the electrical power to all service islands in the event of the system's operation. Where a service station has one self-service island within 30 feet of a full service island, both self-service and full service islands shall be so equipped with automatic fire-extinguishing system as provided herein.
(d) 
Signs conspicuously posted setting forth the operating instructions of the dispensing units and also incorporating the following or equivalent wording:
WARNING:
(1)
It is unlawful to dispense gasoline into containers not approved for such use.
(2)
No Smoking.
(3)
Stop engine.
(e) 
A clearly visible numeral or letter at least six inches in height shall be conspicuously posted in each island with a smaller corresponding numeral or letter posted as near as possible to the automatic fire-extinguishing system controls.
Reference Uniform Code, Section 1164.5.
A. 
No person, firm or corporation shall render out of service, abandon in place or remove from the ground or the premises any tank used for the storage of Class I, II or III liquids without first obtaining a permit from the Fire Marshal.
B. 
The permit application shall specify or have attached:
(1) 
A detailed location of the tank or tanks shown on a plot diagram of the property.
(2) 
The location of all other storage tanks shall be shown on the plot diagram.
(3) 
A record of the latest pressure test conducted upon the tank or tanks.
(4) 
Whether tanks are to be temporarily rendered out of service, abandoned in place or removed from the premises.
(5) 
The number of tanks to be rendered out of service, abandoned in place or removed and their approximate sizes.
(6) 
The name of the contractor who shall render the tanks safe and free of hazardous contents.
(7) 
Evidence that all required permits have been obtained from other agencies which regulate storage tanks.
(8) 
If tanks are to be removed, their final destination.
(9) 
If tanks are to be removed, the proposed route to transport tanks out of any of the incorporated villages and the Town of Warwick.
(10) 
The final destination of the product removed from the tanks, water used to flush the tanks and any contaminated soil removed from the site. Suspected hazardous soil shall be tested to determine possible hazard.
C. 
No underground storage tank which has not had a recent pressure test or appears to be leaking or has groundwater contamination may be rendered out of service or abandoned in place. Testing of soil samples from beside and under the tank may be required to determine if the tank is leaking.
D. 
Abandonment in place may be done only by filling the tank completely with concrete slurry or grout.
E. 
Abandonment in place, rendering out of service or removal of tanks shall be done in the presence of the Fire Marshal or a duly authorized representative.
F. 
When tanks are removed from the ground, they shall be rendered safe and shall be transported out of the Town of Warwick by the end of the working day. Flame-cutting of the tanks on the premises or within the Town of Warwick is not permitted. Once tanks are uncovered, the property owner shall erect secure barricades around the excavation and shall provide twenty-four-hour-per-day security for the site until the tanks are removed and the hole is completely filled.
G. 
Failure to comply with any provision of this section is a violation of this chapter.
Reference: Uniform Code, Parts 1005, 1006, and 1260 and NFPA 211.
A. 
No person, firm or corporation shall erect, construct, reconstruct, install, modify, use or permit the use of any fireplace, fireplace insert, wood or coal stove or furnace or any other solid-fuel-burning heating appliance without first obtaining a permit from the Fire Marshal. No person, firm or corporation shall use or permit the use of any solid-fuel-burning heating appliance or associated chimney or flue unless the installation has been inspected by the Fire Marshal and a certificate of compliance has been issued by him.
B. 
No person, firm or corporation shall use or permit the use of any solid-fuel-burning heating appliance or associated chimney or flue which has been subjected to a flue or chimney fire unless it has been inspected by the Fire Marshal and a certificate of compliance has been issued by him.
C. 
No person, firm or corporation shall remove an existing solid-fuel-burning heating appliance and replace it with another solid-fuel-burning heating appliance without first obtaining a permit from the Fire Marshal. No replacement solid-fuel-burning appliance shall be used unless the installation has been inspected by the Fire Marshal and a certificate of compliance has been issued by him.
D. 
All installations of solid-fuel-burning appliances and their associated chimneys and flues shall be in conformance with the Uniform Code applicable reference standards and with the National Fire Protection Association.
A. 
Violations, procedures for correction, appearance tickets, fire lane and parking violations.
(1) 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this chapter or fail in any manner to comply with any notice, directive or order of the Building Inspector and/or Fire Marshal or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, use permit, plumbing permit or certificate of occupancy.
(2) 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
(3) 
Whenever it is found that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
(4) 
Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed for in this chapter.
(5) 
Violation notices and other orders or notices referred to in this chapter shall be served on the owner or one of the owner's executors, legal representative, agents, lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the receiver of taxes or in the office of the County Clerk.
(6) 
Appearance tickets. The Building Inspector and/or Fire Marshal shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.
B. 
Penalties.
(1) 
Any person who shall fail to comply with a written order of the Building Inspector and/or Fire Marshal within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector and/or Fire Marshal made thereunder or in addition to any other penalties provided for in this chapter, any person who shall violate any provision of this chapter, the Uniform Code, any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder or any certificate or permit issued thereunder shall be guilty of an offense punishable by a fine of not less than $50 nor more than $250 or by imprisonment for not more than 30 days, or both, and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
(2) 
An action or proceeding in the name of the Town of Warwick, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation of any 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.
(Reserved)
This chapter shall not be constructed to hold any code enforcement office of the Town of Warwick or the Town of Warwick responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this chapter, nor shall it be liable for any damage to persons or property by reason of the Building Inspector's and/or Fire Marshal's exercising his discretion, as provided in this chapter.
If any clause, sentence, phrase, paragraph or any part of this chapter shall for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.
In the event that the provisions of this chapter shall be in conflict with any other law, rule or regulation, the more stringent provision shall govern.
Upon the effective date of this chapter, the following existing local law of the Town of Warwick is hereby repealed.[1]
[1]
Editor's Note: The "local law" referred to should apparently be formerly Ch. 82, Fire Prevention and Building Code Administration, adopted as portions of Ch. 26 and §§ 30.50, 30.51 and 30.53 of the Warwick Municipal Code, 1973, as amended.
This chapter shall take effect immediately upon its filing with the Secretary of State in accordance with the provisions of § 27 of the Municipal Home Rule Law.