[HISTORY: Adopted by the Board of Trustees
of the Village of Scottsville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 57.
Numbering of buildings — See Ch. 66.
Electrical standards — See Ch. 81.
Environmental quality review — See Ch. 84.
Flood damage prevention — See Ch. 90.
Manufactured homes — See Ch. 105.
Property maintenance — See Ch. 121.
Sewers — See Ch. 131.
Stormwater management — See Ch. 139.
Subdivision of land — See Ch. 145.
Zoning — See Ch. 170.
[Adopted 10-13-1987 by L.L. No. 3-1987]
This article shall be known as the "Village
of Scottsville, New York, State Uniform Fire Prevention and Building
Code Administration and Enforcement Law."
It is the intent of this article to provide
for the administration and enforcement of the provisions of all laws,
codes, ordinances, regulations 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 Village
of Scottsville.
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 7-8-2008 by L.L. No. 2-2008]
The Board of Trustees of the Village of Scottsville
hereby adopts the New York State Uniform Fire Prevention and Building
Code (henceforth referred to as the "Uniform Code" or "Building Code"),
including the administrative provisions of 19 NYCRR 1203, and all
subsequent amendments thereto.
[Amended 3-10-2003 by L.L. No. 1-2003]
The Board of Trustees of the Village of Scottsville
is hereby authorized to enter into an intermunicipal agreement to
obtain the following services: code enforcement; building inspection;
fire marshal; and zoning and planning advice. The person or persons
rendering said services shall be known as the "Code Enforcement Officer,"
and Code provisions using the terms "Building Inspector" or "Fire
Marshal" shall now be read with the term "Code Enforcement Officer"
substituted therefor.
[Amended 3-10-2003 by L.L. No. 1-2003]
The Code Enforcement Officer rendering the services described in § 63-4 shall have the powers and duties described in §§ 63-7 and 170-62 of this Code, as well as any other powers and duties given elsewhere by this Code or the laws of the State of New York to the person formerly designated as the "Building Inspector" or "Fire Marshal."
[Amended 3-10-2003 by L.L. No. 1-2003]
The Code Enforcement Officer shall have all authority and power consistent with this Code and the laws of the State of New York to do all enforcement functions and duties relating to the provisions of this Code, in addition to those described in § 63-5.
A.
Building Inspector. Except as otherwise provided by
law, ordinance, rule or regulation, the Building Inspector 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. The Fire Marshal shall
administer and enforce Subchapter B, Parts 790 through 794, and Subchapter
C, Parts 1150 through 1197, of the Uniform Code.
C.
Joint responsibilities on Uniform Code. The Building
Inspector and the Fire Marshal shall jointly administer and enforce
those 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 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.
(3)
In addition to duties specified in this article, the
Building Inspector and Fire Marshal shall perform such other duties
as may be assigned by the Board of Trustees.
(4)
The Fire Marshal may assist, where practicable, in
determining the cause and origin of any fire occurring in the Village
of Scottsville 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 or her
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.
The provisions of the Uniform Code relating 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 article where the exceptions do not constitute a distinct hazard
to life or property.
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 article 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 article 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 construction work
which is not structural in nature and does not entail installation
of plumbing, electrical, heating or ventilation systems or components
in addition to such systems already in use. No permit shall be required
for work of an ordinary replacement or maintenance nature, except
as otherwise stated in this article.
B.
Application for a permit shall be made, on forms provided
by the Village, 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 show the size of all proposed
new construction, 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
article 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, the seal of a licensed architect or a licensed
professional engineer.
F.
In all cases where there is to be installation of
new plumbing or alteration of existing plumbing, a plumbing permit
must be obtained.
G.
The Fire Marshal shall issue all permits for solid-fuel-burning
appliances, chimneys and/or flues.
H.
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 the 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 article, a permit may be
issued by and bear the name and signature of the Building Inspector
or Fire Marshall, 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 article 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 article. 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 article 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.
Consolidated 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 Village office.
A.
A building permit shall be effective to authorize
the commencement 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 extentions for commencement of such work
for periods not exceeding six months each. Other permits shall be
effective as stated in other sections of this article.
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 the 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.
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 article, 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 or she 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 a 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 provisions 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 or she 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
or her 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 each 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 or her. Failure to comply with these provisions
is a violation of this article 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
inspection.
H.
Where permits are required, the Building Inspector
and/or Fire Marshal may at any reasonable hour enter any building
or premises within the Village of Scottsville for the purpose of making
the required inspections.
I.
Upon written complaint of any person, duly affirmed
under penalty of perjury, alleging a violation of this article 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 Mayor and the Village 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 article 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 Monroe
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, Village Clerk, Town
Clerk, Wheatland Police Department and Monroe 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.
C.
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
or her 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.
D.
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.
E.
The owner or his or her 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.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
parts thereof before the entire work covered by the permit shall have
been completed, provided that such portion or portions as have been
completed may be occupied safely without endangering life or public
welfare. A temporary certificate of occupancy shall remain effective
for a period not exceeding 30 days from its date of issuance. For
good cause, the Building Inspector may allow a maximum of two extensions
for periods not exceeding 30 days each.
A.
Certificates of compliance shall be used to indicate
conformance with this article 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 article 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 article
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.
(4)
Day-care center. To operate a day-care center as defined
by the Uniform Code.
(7)
Flammable finishing. For spraying, coating or dipping
operations 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 oxidizing
materials; or more than 10 pounds of organic peroxides; or more than
50 pounds of nitromethane; or 1,000 pounds or more 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 recreational 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 the 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 Scottsville Fire Chief 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.[1]
[1]
Editor's Note: The following former sections, which immediately followed this subsection, were deleted at time of adoption of Code 2-11-1997 by L.L. No. 1-1997 (see Ch. 1, General Provisions, Art. I): Sec. 6-25, Supplementary administrative procedures established; Sec. 6-26, Emergency access; Sec. 6-27, Means of egress; Sec. 6-28, Water supply; Sec. 6-29, Fire alarm systems; Sec. 6-30, Assembly spaces and areas of public assembly; Sec. 6-31, Service stations and garages; Sec. 6-32, Abandonment or removal of Class I, II or III liquid storage tanks; and Sec. 6-33, Solid-fuel-burning heating appliances.
A.
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 article or to 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.
B.
Any individual, partnership, corporation or other
firm owning, operating, occupying or maintaining property or premises
within the scope of the Uniform Code or this article shall comply
with all the provisions of the Uniform Code, this article and all
orders, notices, rules, regulations or determinations issued in connection
therewith.
C.
Whenever it is found that there has been a violation
of the Uniform Code, this article or any rule or regulation adopted
pursuant to this article, 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.
D.
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 article.
E.
Violation notices and other orders or notices referred
to in this article shall be served on the owner or one of the owner's
executors, legal representatives, 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, of 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.
F.
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 or her, directing
a designated person to appear in court at a designated time in connection
with the commission of a violation of this article or any order made
thereunder.
A.
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 article 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 article, any person who shall violate any provision of this
article, the Uniform Code, any rules or regulations adopted pursuant
to this article or who shall violate or fail to comply with any order
made thereunder or who shall build in violation of any detailed statement
of specifications 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 more than $1,000 or by imprisonment for
not more than one year, 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.
[Amended 2-11-1997 by L.L. No. 1-1997]
B.
An action or proceeding in the name of, the Village
of Scottsville, 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 article, rule
or regulation adopted pursuant to this article 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.
This article shall not be construed to hold
any code enforcement officer of the Village of Scottsville or the
Village of Scottsville 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 article,
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 their
discretion as provided in this article.
In the event that the provisions of this article
shall be in conflict with any other law, rule or regulation, the more
stringent provision shall govern.
[Adopted 12-13-2016 by L.L. No. 1-2017]
This article is designed to regulate and control outdoor fires
in the Village of Scottsville.
A.
Large outdoor fires (bonfires) are not permitted unless legally authorized
in conformity with New York State Environmental Conservation Law,
through a burning permit issued by the designated Village Code Enforcement
Officer.
B.
However, small recreational fires are permitted for legitimate cooking
or warmth without a permit provided they be in some type of controlled
area or enclosure, i.e., stone-surround fire pit, brick barbeque,
metal fire stand, or clay chiminea.
C.
The burning of combustible material, shrubs, tree branches, or leaves,
for nonrecreational purposes is not permitted.
The following policy has been established:
A.
Recreational fires must be contained in a stone-surround or open
fire pit, brick barbeque, metal fire stand, or clay chiminea.
B.
If contained in a metal fire stand with spark arrester and top or
clay chiminea or other approved appliance, the fire must be located
a minimum of 15 feet from a structure or combustible material.
C.
If contained in a stone surround or open fire pit, the fire must
be a minimum of 25 feet from a structure or combustible material.
The woodpile can be no larger than three feet in diameter and two
feet in height.
D.
All fires must be behind dwelling and a minimum of 20 feet from all
property lines and must be constantly attended at all times until
extinguished.
E.
Some type of on-site fire extinguishing equipment is required, i.e.,
a five-pound ABC fire extinguisher, dirt, sand, water bucket, garden
hose, etc.
If the Village receives a complaint from a neighbor that the
smoke from the fire has become offensive, objectionable, or is a nuisance,
the Village will respond and attempt to provide a solution, i.e.,
moving the location of the fire, or not burning when there is high
humidity. If this does not resolve the complaint, the fire must be
extinguished. If the owner or resident is difficult or has been previously
warned, the Village may issue a violation summons (similar to a traffic
ticket) with a fine of $50 for the first offense or $100 for all subsequent
offenses. The Village may also issue a court appearance ticket, which
is a violation, punishable by up to a $250 fine and/or jail time.
