Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden 6-9-1981 by L.L. No. 5-1981 as Ch. III of the Walden Village Code; amended in its entirety 1-8-1985 by L.L. No. 4-1985 (Ch. 77 of the 1982 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 109
Building construction — See Ch. 121.

§ 144-1 Standards; scope.

This chapter shall provide a method for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Walden and shall establish powers, duties and responsibilities in connection therewith.

§ 144-2 Administration and enforcement.

[Amended 3-8-2011 by L.L. No. 4-2011]
The Fire Inspector, Building Inspector and their deputies and assistants, as designated by the Village Manager of the Village of Walden, are hereby designated to administer and enforce the Uniform Fire Prevention and Building Code within the Village of Walden and shall hereinafter be referred to as "code enforcement officers."

§ 144-3 Rules and regulations.

A. 
The Village Board of Trustees may adopt rules and regulations for the administration and enforcement of the Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the Uniform Fire Prevention and Building Code, this chapter or any other provision of law.
B. 
The Village Board of Trustees shall publish all rules and regulations at least 10 days prior to the effective date thereof in a newspaper of general circulation within the Village of Walden.

§ 144-4 Permits.

A. 
Upon payment of fees as prescribed in the schedule of fees[1] adopted by the Village Board of Trustees, permits shall be issued by the Village Clerk and bear approval and the name and signature of a code enforcement officer and shall specify:
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
[1]
Editor's Note: The fee schedule is on file in the office of the Village Clerk.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
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 authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
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.
(2) 
Compressed gases.
(a) 
For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons' water capacity or over 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 replacement of portable cylinders and have it available for inspection.
(b) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Sixty-seven cubic feet flammable compressed gas; or
[2] 
Six thousand feet of nonflammable compressed gas.
(c) 
To store, handle or use any quantity of liquefied natural hydrogen gas.
(3) 
Service stations and repair garages. To operate a service station or repair garage.
(4) 
Flammable and combustible liquids.
(a) 
To store, handle or use flammable liquids in excess of 6 1/4 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:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plants.
[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.
(c) 
For the initial installation of an oil burner and fuel oil tank used in connection therewith and for the replacement of a fuel oil tank connected to an oil burner.
(d) 
For the processing, blending or refining of flammable or combustible liquids.
(e) 
To store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
[1] 
Production, sale or storage of cryogenic fluids.
[2] 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(f) 
For spraying, coating or dipping operations utilizing flammable or combustible liquids.
(5) 
Dry-cleaning plants. To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(6) 
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 1,000 pounds or more of ammonium nitrate, ammonium fertilizers and fertilizer mixtures containing 60% or more of 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.
(7) 
Wood- or coal-burning stoves or furnaces. For the installation or use of indoor wood- or coal-burning appliances for heating, cooking or other uses.
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on property or premises covered by the permit or shall be carried by the permit holder.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that 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 a condition of the permit.

§ 144-5 Inspections.

A. 
The code enforcement officer shall conduct periodic inspections for compliance with the provisions of the Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the code enforcement officer may apply for a warrant to make an inspection to any court of competent jurisdiction. No search warrant shall be applied for in the absence of a sworn complaint or prior written approval of the Village Manager.

§ 144-6 Compliance required; violations.

A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Fire Prevention and Building Code or this chapter shall comply with all of the provisions of the Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever a code enforcement officer finds that there has been a violation of a rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
C. 
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 time within which an appeal may be taken.
D. 
Violation orders may be served by personal service, by 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 responsible.
E. 
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 within the time specified in the violation order, a request to take appropriate legal action shall be made to the Village Manager or the Board of Trustees of the Village of Walden.

§ 144-7 Penalties for offenses.

A. 
Failure to comply with any provision of the 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 pursuant to the Penal Law, and each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Village of Walden 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 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.

§ 144-8 Records.

Official records of all permits, inspection reports, recommendations, complaints and violation orders shall be kept in the Village Clerk's office.

§ 144-9 Removal of dangerous buildings or structures.

A. 
A building or structure or part thereof which is an imminent danger to life and safety of the public (as a result of a fire or explosion) is hereby declared to be a public nuisance.
B. 
Whenever a code enforcement officer finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the code enforcement officer may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. This shall be done only with the approval of the Village Manager or the Board of Trustees.
C. 
Vacating premises.
(1) 
The code enforcement officer 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. The Village Manager or Board of Trustees shall be notified of such action within a reasonable time thereafter.
(2) 
Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
D. 
All costs and expenses incurred by the Village of Walden in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the code enforcement officer may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Village Treasurer, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Village of Walden.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 144-10 Variances. [1]

Variances from the standards and provisions of the Uniform Fire Prevention and Building Code may be obtained pursuant to Subdivision 1(f) of § 381 of Executive Law and 19 NYCRR 1205, which requires application to state Regional Board of Review.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 144-11 Prohibited conduct.

A. 
Unlawful burning. It shall be unlawful for any person or persons to burn trash, lumber, paper or other combustible material within the Village of Walden, New York.
B. 
Riding on vehicles. No person other than an active member of the Walden Fire Department or active member of another department as authorized by the Fire Chief shall at any time hereafter ride on any fire engine, steamer, truck or other fire apparatus or machine of any kind while the same is responding to or returning from an alarm of fire.
C. 
Obstructing equipment. It shall be unlawful for any person to interfere with, impede, obstruct, hinder, interrupt or delay any fire truck or other fire-fighting equipment or apparatus within the corporate limits of the Village of Walden while such truck or fire-fighting equipment or apparatus is proceeding to or returning from a fire or while answering a fire alarm by parking or leaving or operating any motor vehicle in or near a public street.
D. 
Unlawful fires. It shall be unlawful to set fire to any building or structure in the Village of Walden except upon written permit therefor issued by the Chief of the Walden Fire Department and the Village Board of Trustees upon application to the Village Manager.

§ 144-12 Fire lanes and emergency access roads.

A. 
Buildings, structures and property shall be provided with unobstructed access for fire-fighting and emergency service personnel, apparatus and equipment. Premises which are not readily accessible from public roads and which the Fire Department or an emergency service may be called upon to protect in case of fire or other emergency shall be provided with access roads or fire lanes so that all buildings on the premises are accessible to the Fire Department and emergency service apparatus.
B. 
Fire lanes and emergency access roads shall be designated as follows:
(1) 
Fire lanes and emergency access roads heretofore designated by local law shall continue to be so designated.
(2) 
The Planning Board, Zoning Board of Appeals and code enforcement officers in the granting of approvals, permits or variances shall, as a condition of such permit or variance, designate necessary fire lanes and emergency access roads. The Planning Board and the Zoning Board of Appeals are hereby authorized to modify, change or relocate existing fire lanes and emergency roads in the granting of approvals, permits and variances.
(3) 
Code enforcement officers shall, when the officer determines a need for a fire lane or emergency access road, report such need upon consent of the Village Manager to the Village Board of Trustees. It shall be the duty of the Village Board, upon confirmation of the need for designation of a fire lane or emergency access road, to make such designation by local law, which shall describe the fire lane or emergency access road with common certainty.
(4) 
Official records of all fire lanes and emergency access roads shall be kept in the office of the Village Clerk.
C. 
It shall be the duty of the owner of premises on which any fire lane or emergency access road is located to at all times adequately maintain and keep free and clear of obstructions such fire lane or emergency access road. A code enforcement officer may require such owner to clearly and adequately post and mark fire lanes and emergency access roads.
D. 
No person shall park a motor vehicle on or otherwise obstruct any fire lane or emergency access road.