[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-1981 by L.L. No. 1-1981]
The Board of Trustees of the Village of LeRoy hereby accepts the applicability of the State Fire Prevention Code for the Village of LeRoy to become effective in said Village of LeRoy on the 1st day of March, 1981, in accordance with the provisions of § 392 of the Executive Law.
The Village Clerk is hereby instructed to file a certified copy of this article in the principal office of the State Building Code Council, Division of Housing and Community Renewal, at Two World Trade Center, New York, New York 10047.
[Adopted 6-22-1981 by L.L. No. 6-1981]
This article shall be known as the "Fire Prevention Code of the Village of LeRoy."
The village adopted the New York State Fire Prevention Code by local law on January 12, 1981.
The Fire Inspector may adopt rules and regulations for the administration and enforcement of the State Fire Prevention Code. Such rules and regulations shall not conflict with the State Fire Prevention Code, this article or any other provision of law.
The Fire Inspector 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 LeRoy.
Upon payment of a fee, as prescribed in the schedule of fees adopted by the Village Board of Trustees, permits shall be issued by and bear the name and signature of the Fire Inspector and shall specify:
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
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.
Permits shall be obtained for the following:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operation involving the use and application of flammable or combustible liquids or materials.
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (proxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
Flammable and combustible liquids:
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings, or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
To store, handle or use combustible liquids in excess of 25 gallons inside a building, or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
A permit shall be obtained for the initial installation of an oil burner and a fuel-oil tank used in connection therewith. A permit shall be required for the replacement of a fuel-oil tank connected to an oil burner.
For processing, blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal operations.
To store, handle or use more than 55 gallons of corrosive liquids, or more than 50 pounds of oxidizing materials, or more than 10 pounds of organic peroxides, or more than 50 pounds of nitromethane, or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
To store, handle or use any quantity of a air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
Liquefied petroleum gas:
For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity, and for each permanent installation, irrespective of size of containers made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes.
Installers shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection.
Lumberyards: to operate a lumberyard.
Magnesium: for melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
Organic coatings: to perform organic coating operations utilizing more than one gallon or organic coating or any working day.
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system.
Places of assembly: to maintain, operate or use a place of assembly.
Service stations and repair garages: to operate a service station or repair garage.
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.
Location of permits. Permits shall be kept on property or premises covered by the permit or carried by the permit holder.
Revocation of permits. Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued, or there has been misrepresentation of falsification of material facts in connection with the permit application of a condition of the permit.
The Fire Inspector shall conduct periodic inspections for compliance with the provisions of the State Fire Prevention Code. Such inspections may be made at any reasonable time.
If entrance to make an inspection is refused or cannot be obtained, the Fire Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
A person owning, operating, occupying or maintaining property or premises within the scope of the State Fire Prevention Code shall comply with all the provisions of the State Fire Prevention Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Inspector finds that there has been a violation of the State Fire Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
Violation orders shall be in writing, shall identify the property or premises, 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.
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.
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 Attorney of the Village of LeRoy.
It shall be unlawful for any person or his agent, having control of any premises or place, to knowingly permit a violation of this chapter.
Failure to comply with any provision of the State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $25 or imprisonment not to exceed five days or both, and each day such violation continues shall constitute a separate violation.
An action or proceeding in the name of the Village of LeRoy may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the State Fire Prevention Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
The Fire Inspector shall keep official records of all permits, inspection, reports, recommendations, complaints and violation orders.
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 the public nuisance.
Whenever the Fire Inspector 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 Fire Inspector 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.
Vacation of premises.
The Fire Inspector may require the occupants of such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe.
Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure, or part thereof.
All costs and expenses incurred by the Village of LeRoy 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 Fire Inspector 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 Assessor, 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 provided by law for the collection and enforcement of real property taxes in the Village of LeRoy.
A Board of Review is hereby established for the purpose of granting variances where enforcement of any provision or requirement of the State Fire Prevention Code results in practical difficulties or unnecessary hardships. Any such variance shall be consistent with Subdivision 2 of § 391 of the Executive Law.
The Board of Review shall be composed of five persons, to be appointed by the Village Board. The term of each member shall be for five years, or until his successor shall be appointed and qualifies. The terms of the members of the Board shall be staggered, and upon initial appointment the Village Board shall designate the initial term of each member. Subsequent appointments shall be for a full term, except an appointment to fill a vacancy shall be for the remainder of the term of office. The Village Board shall appoint a chairman who shall preside at all meetings.
The Board of Review may adopt regulations governing its procedures and appropriate forms for efficient administration.
The Fire Inspector shall obtain a copy of the Board of Review's decision for its records.
No trash, rubbish or wastepaper shall be placed on the sidewalk or between the sidewalk and the curb unless it is in a covered container.
It shall be unlawful for any person or persons to burn or cause or permit to be burned any debris, refuse, rubbish, wood, paper, garbage or leaves or other combustible material within the Village of LeRoy unless the same is first placed in a barrel or other similar container. Such container shall be covered, while burning with a grate or similar device to prevent the flying of ash, sparks, etc.
It shall be unlawful for any person or persons to burn or cause or permit to be burned such items outdoors between the hours of sunset and sunrise.
No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark-, flame- or fire-producing device not specifically authorized for use in such place by the Fire Inspector, in any of the following places: retail stores designed and arranged to accommodate more than 25 persons or in which more than five persons are employed. The prohibition above shall not apply to smoking in rest rooms, restaurants when specifically approved by the Fire Chief or by written order to the person having control of the premises, upon finding that such use therein is not dangerous to life or property.
The Fire Chief shall have the authority to order SMOKING PROHIBITED BY LAW signs erected in any place of public assemblage where, in his opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or any use of any spark-, flame- or fire-producing device not specifically authorized for use in such place, would constitute a menace to life or property.
Every person or his agent having control of premises upon which smoking or the carrying of lighted objects is prohibited by or under the authority of this chapter shall conspicuously display upon the premises a sign reading SMOKING PROHIBITED BY LAW.
No person shall smoke in any properly placarded place, nor shall any person remove any placard required to be erected by or under authority of this chapter.