Town of Tuxedo, NY Article II Administration and Enforcement

[Adopted 9-28-1977 by L.L. No. 7-1977]

§ 51-3 Applicability.

This Article shall provide the basic method for administration and enforcement of the State Fire Prevention Code in the Town of Tuxedo and shall establish powers, duties and responsibilities in connection therewith.

§ 51-4 Enforcement officer.

The Town Board shall designate a Fire Inspector to administer and enforce the State Fire Prevention Code within the Town of Tuxedo. The Town Building Inspector may be designated as the Fire Inspector.

§ 51-5 Adoption of rules and regulations.

A. 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.

B. 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 Town of Tuxedo.

§ 51-6 Permits.

A. Upon payment of the fees prescribed in the schedule of fees adopted by the Town Board of the Town of Tuxedo,[1] permits shall be issued and bear the name and signature of the Fire Inspector 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: See Ch. 48, Fees.

B. Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require 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) Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.

(2) Automobile tire-rebuilding plants: to operate an automobile tire-rebuilding plant.

(3) Automobile wrecking yards: to operate an automobile wrecking yard.

(4) Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.

(5) Cellulose nitrate picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.

(6) Cellulose nitrate plastics (pyroxylin):

(a) To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).

(b) To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.

(7) Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.

(8) 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.

(9) Compressed gases:

(a) To store, handle or use at normal temperatures and pressures more than:

(10) Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.

(11) 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 nitrate fertilizers and fertilizer mixtures containing 60% or more 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.

(12) Junkyards: to operate a junkyard.

(13) 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.

(14) Lumberyards: to operate a lumberyard.

(15) Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.

(16) Matches:

(a) To manufacture matches.

(b) To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.)

(17) Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.

(18) Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding one thousand four hundred degrees Fahrenheit (1,4000° 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.

(19) Places of assembly: to maintain, operate or use a place of assembly.

(20) Service stations and repair garages: to operate a service station or repair garage.[2]

[2] Editor's Note: See also Ch. 98, Zoning, § 98-22C(6)(a).

(21) Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holders.

(22) Mercantile: to maintain, operate or use a building in which the primary or intended occupancy or use is the display and sale to the public of goods, wares, merchandise or services.

[Added 7-31-1985 by L.L. No. 3-1985]

(23) Multiple dwelling: any building containing three or more units. Inspection to be done on a schedule between 12 and 18 months.

[Added 7-31-1985 by L.L. No. 3-1985; amended 6-26-1991 by L.L. No. 4-1991; 10-9-1991 by L.L. No. 5-1991]

E. Permits are issued as permission to operate a specific business, and permits are not granted in place of a certificate of occupancy and are not to be construed as such, or change of use constitutes revocation of permit.

[Amended 6-26-1991 by L.L. No. 4-1991; 10-9-1991 by L.L. No. 5-1991]

F. Location of permits. Permits shall be kept on property or premises covered by the permit or 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.

§ 51-7 Inspections.

A. The Fire Inspector shall conduct periodic inspections. Such inspections should ordinarily be conducted not less than once every 18 months. Such inspections may be made at any reasonable time. However, the failure to make, or properly carry out, any such inspections shall not create, or be the basis for, any liability for the Town; nor shall such failure excuse owners and/or occupants of buildings and/or premises from compliance with all applicable laws, rules, regulations and/or proper practices with respect to fire safety.

[Amended 1-10-2011 by L.L. No. 1-2011]

B. 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.

§ 51-8 Violations.

A. A person owning, operating, occupying or maintaining property or premises within the scope of the State Fire Prevention Code or this article shall comply with all the provisions of the State Fire Prevention Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.

B. Whenever the Fire Inspector finds that there has been a violation of the State Fire Prevention 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 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 envelope 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 Town Board of the Town of Tuxedo.

§ 51-9 Penalties for offenses.

A. Failure to comply with any provision of the State Fire Prevention Code, this article, rules or regulations adopted pursuant to this article or a violation order shall be deemed a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, separate and distinct violation.

[Amended 10-10-1979 by L.L. No. 7-1979]

B. An action or proceeding in the name of the Town of Tuxedo 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 article, any rule or regulation adopted pursuant to this article 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.

§ 51-10 Records.

The Fire Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.

§ 51-11 Removal of dangerous buildings or structures. [1]

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 the Fire Inspection 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.

C. The Fire Inspector 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 or repairs or to demolish and remove such building or structure, or part thereof.

D. All costs and expenses incurred by the Town of Tuxedo 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 shall 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 are provided by law for the collection and enforcement of real property taxes in the Town of Tuxedo.

[Amended 2-22-1989 by L.L. No. 3-1989]

[1] Editor's Note: See also Ch. 39, Buildings, Unsafe.

§ 51-12 Review Board.

A. Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of the State Fire Prevention Code, applications for variances consistent with the spirit of the code and not inconsistent with the requirements of Subdivision 2 of § 391 of Article 18-A of the Executive Law may be made to and acted upon by a Board of Review established in accordance with the provisions of § 395 of the Executive Law.[1]

[1] Editor's Note: Article 18-A of the Executive Law was repealed by L. 1981, c. 707, § 12, effective January 1, 1984. See now Article 18, New York State Uniform Fire Prevention and Building Code Act.

B. The Fire Inspector shall obtain a copy of the Review Board's decision for its record.