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