This article shall provide the basic method
for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code as it concerns fire prevention in
the Town of Stanford and shall establish powers, duties and responsibilities
in connection therewith.
There is hereby designed a Bureau of Fire Prevention,
hereinafter referred to as the "Bureau," to administer and enforce
the New York State Uniform Fire Prevention and Building Code as it
applies to fire prevention in the Town of Stanford. The Bureau shall
consist of four members. Two members, active fire-fighters, one of
which shall be the Fire Chief, representing the fire district in the
Town of Stanford, shall be designated by the Town Board. The Town
Board shall also designate the Town Building Inspector and one additional
person as a member of the Bureau. The term of office of each member
shall be two years, except that one member of the fire district appointed
in 1984 shall be for an initial term of one year. The Building Inspector
shall serve during the term of his office. Any vacancy shall be filled
for the balance of the term.
A.
Upon payment of a fee as prescribed in a schedule
of fees adopted by the Bureau and approved by the Town Board, permits
shall be issued by the Bureau and bear the name and signature of a
member of the Bureau and shall specify:
(1)
A description of the activity or operation for which
the permit is issued.
(2)
The address or location where the activity or operation
is to be conducted, and if a corporation, the name, address and telephone
number of a responsible officer.
(3)
The name and address of the permittee.
(4)
The permit number and date of issuance.
(5)
Period of permit validity.
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.
Revocation shall take place when it has been determined
by the Bureau or the Building Inspector that there is non-conformance
with the Fire Code or any provision of this article or there has been
misrepresentation or falsification of material facts on the application.
Revocation shall be written notice advising the permittee of violations
found to exist.
E.
Permits shall be obtained for all activities requiring
the same under the provisions of the New York State Uniform Fire Prevention
and Building Code.
F.
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.
G.
Location of permits. Permits shall be kept on the
property or premises covered by the permit or carried by the permit
holder.
H.
Revocation of permits. When it is determined there
is a violation of a condition under which the permit application or
a condition of facts in connection with the permit application or
a condition of the permit or the building inspector, permits may be
suspended or revoked upon seven days' notice advising the permit holder
of the intended suspension and advising him he may protest, in writing,
the supervision or revocation, provided that such answer or protest
is delivered to the Building Inspector no later than applicable in
the event of an emergency.
A.
The Bureau of Inspectors or its designated representatives
appointed by it shall conduct periodic inspections of any premise
within the Town of Stanford to ascertain compliance with the provisions
of the New York State Uniform 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 Bureau or Building Inspector may apply for a warrant
to make an inspection to any Court of competent jurisdiction.
A.
The Bureau of Fire Prevention shall designate any
areas at or near any interior street, roadway or driveway in which
any obstruction due to the parking or placing therein of any automobile,
truck, motor vehicle or any other physical object or material will
cause interference with the ingress and egress of fire-fighting equipment,
or which will create a condition dangerous to life or property in
the event of fire. Such areas shall thereupon be marked with standard
police signs and/or such other markings deemed necessary and proper
by the Bureau, indicating that said area is a restricted fire zone.
The parking of any automobile, truck, motor vehicle or any other physical
object or material within any such restricted fire zone is hereby
expressly prohibited. Said signs and markings shall be installed by
and at the expense of the owner of the property, and upon his failure
to do so, he shall be guilty of violation of this article and subject
to the enforcement provision hereof. No automobile, truck or other
motor vehicle, and no physical object or material of any nature, shall
be parked, placed or permitted to remain for any length of time whatever
within 20 feet of any fire hydrant or standpipe located at, on or
near any interior street, roadway or driveway within any premises
classified under the Zoning Ordinance as multiple residence.
B.
The Bureau shall inspect all hydrants installed within
the Town of Stanford, private or publicly owned. All fire hydrants
within the Town shall be subject to periodic testing by the Bureau.
All hydrants shall be maintained in an operable condition and shall
meet minimum ISO fire-flow standards for residences and they shall
be clearly marked in all weather and kept accessible for Fire Department
use by the owners.
C.
In addition, the following will be subject to review
and approval by the Bureau when not in conflict with applicable New
York State, Dutchess County or local law:
(1)
The minimum acceptable width of roads used as access
or egress to apartments, commercial or general business buildings
or shopping area complexes.
(2)
Hydrant locations in apartments, commercial or general
business buildings or shopping area complexes.
(3)
Access to the hydrants and availability of fire lanes
to and adjacent to apartments, commercial or general business buildings
or shopping area complexes.
(4)
Smoking in places of public assembly.
(5)
Allowable occupancy in places of public assembly.
D.
Approval, in writing, for conformance with existing
fire prevention ordinances or laws must be obtained from the Bureau
before construction of new multiple-dwelling developments, apartment
complexes, shopping centers or commercial or general business buildings
may be implemented.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the New York State Uniform
Fire Prevention and Building Code or this article shall comply with
all the provisions of the New York State Uniform Fire Prevention and
Building Code, this article and all others, notices, rules, regulations
or determinations issued in connection therewith.
B.
Whenever the Bureau or the Building Inspector finds
that there has been a violation of the New York State Uniform Fire
Prevention and Building Code, this article or any rule or regulation
adopted pursuant to this article, 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 violations 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, the owner shall be subject to the penalties prescribed in § 96-7 of this article.
F.
Whenever the Bureau or Building Inspector, at any
stage of the proceedings instituted under the provisions of this article,
finds that a violation exists which, in his opinion, requires immediate
action to abate a direct hazard or immediate danger to the health,
safety, morals or welfare of the occupants of a building or of the
public, he may, without prior notice or hearing, issue an order citing
the violation and directing that such action be taken as is necessary
to remove or abate the hazard or danger. Notwithstanding any other
provision of this chapter, such order shall be effective immediately
upon service and shall be complied with immediately or as otherwise
provided.
A.
Failure to comply with any provisions of the New York
State Uniform Fire Prevention and Building Code, this article, rules
or regulations adopted pursuant to this article or a violation order
shall be deemed a violation, and the violator shall be liable for
a fine of not more than $250 or imprisonment not to exceed 15 days,
or both, and each day such violation continues shall constitute a
separate violation. Any person found to be in violation shall also
be subject to civil penalties in the amount of $250 per day for each
day any violation continues, and each day shall constitute a separate
violation.
B.
Whenever the Bureau 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 Bureau may cause it
to be demolished and removed or may cause such work to be done in
and about the building or structure as may be necessary to remove
the danger.
C.
The Bureau may require the occupants of any such building
or structure or part thereof to vacate the premises forthwith. No
person shall use or occupy such building or structure or part thereof
until it is made safe. Except for the owner, 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.
D.
All costs and expenses incurred by the Town of Stanford
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 Bureau 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.
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 Town of Stanford.
