Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 12-13-1934 by Ord. No. 30 (Ch. 18 of the 1972 Code), Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 74.
Alarm systems — See Ch. 194.
Building construction — See Ch. 265.
[Amended 4-15-1953]
A Bureau of Fire Prevention of the Incorporated Village of Malverne is hereby established, consisting of not less than three members nor more than 15 members, to be operated under the supervision of the Council of the Fire Department of the Incorporated Village of Malverne.
The members of the Bureau of Fire Prevention shall all be members of the Fire Department and shall be appointed by the Council of the Fire Department, each for a term expiring on the third Tuesday in April following the date of their appointment.
The Council of the Fire Department may, subject to the approval of the Board of Trustees, adopt, amend or repeal bylaws not inconsistent with the provisions of this chapter, relating to the operations of the Bureau of Fire Prevention and the conduct of its meetings and business.
Any member of the Bureau of Fire Prevention may be removed for the same reason and in the same manner that an officer of the Fire Department may be removed.
A. 
It shall be the duty of all members of the Bureau of Fire Prevention to enforce all laws and ordinances of the state, county and Village covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and inflammables.
(3) 
The installation and maintenance of automatic and other fire-alarm systems and fire-extinguishing equipment.
(4) 
The maintenance and regulation of fire escapes.
(5) 
The means and adequacy of exit, in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and amphitheaters, where persons live or congregate from time to time for any purpose.
(6) 
Investigation of the cause, origin and circumstances of each fire.
B. 
They shall have such other powers and perform such other duties as are set forth in this chapter, and as are now or may be conferred from time to time by law.
The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the Village by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall be begun immediately upon the occurrence of such a fire, and if it appears to the officer making such investigation that such fire is of suspicious origin, the Bureau of Fire Prevention shall be immediately notified of the fact, and it shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with such authorities in the collection of evidence and in the prosecution of the case.
The Bureau of Fire Prevention shall inspect as often as may be necessary, but not less than once a year, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violation of the provisions of any local law or statute affecting fire hazard, and shall inspect as often as may be necessary all specially hazardous manufacturing processes, storages or installations of acetylene or other gases, chemicals, oils, explosives and inflammable materials, and all interior fire alarms and automatic sprinkler systems, and shall make such orders as may be necessary for the enforcement of the laws governing the same and for the safeguarding of life and property from fire.
A. 
If the Bureau of Fire Prevention shall find in any building or upon any premises or any other place combustible or explosive matter or dangerous accumulations of rubbish, or unnecessary accumulations of wastepaper, boxes, shavings or any highly inflammable material especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to any fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of the occupants in case of fire, or in case such Bureau of Fire Prevention shall find any building or structure which, for want of repairs, lack of sufficient fire escapes, or by reason of which lack of conditions or from any other cause is especially liable to fire and is so situated as to endanger property and the occupants thereof, or shall find in any building combustible or explosive matter or inflammable conditions dangerous to the safety of such building or the occupants thereof, it shall order the same to be removed or remedied within 24 hours, and unless such order is complied with, the Bureau of Fire Prevention shall cause the owner or occupant to be prosecuted in the proper court for violation of any local laws of the Village of Malverne or any law of the State of New York, of which violation such owner or occupant may be guilty; or if, in the opinion of such Bureau of Fire Prevention, the act or neglect of such owner or occupant does not constitute any violation of any local law of the Village of Malverne or any law of the State of New York, such Board of Fire Commissioners shall bring to the attention of the Board of Trustees of the Village of Malverne at its next meeting the facts, circumstances and conditions in connection with such act or neglect.
B. 
The service of any order mentioned in this chapter may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of the same to such occupant personally or by delivering the same and leaving it with any person in charge of said premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the front door of said premises. If, however, it may be necessary to serve such order upon the owner of the premises, such order may be served either by delivering to and leaving with such owner a copy of such order or, if such owner is absent from the Village, by mailing a copy of such order to the owner's last-known address.
Between the first and the fourth days of March in each year, the annual report of the Bureau of Fire Prevention shall be made and filed in the office of the Clerk of the Village of Malverne. It shall contain a record of all proceedings under this chapter and a statement of such other matters or statistics as may be required by statute or as the Bureau of Fire Prevention may deem proper.
[Amended 2-14-1968[1]]
Any person who shall violate any provision of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).