[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.]
[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.
