Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Orangetown Town Board 3-28-1966 by L.L. No. 1-1966. Amendments noted where applicable.]
[Amended 12-10-1984 by L.L. No. 24-1984; 4-12-2004 by L.L. No. 5-2004]
A Bureau of Fire Prevention to administer Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code, and Chapter 1C (Alarm Systems) and the Fire Prevention Code of the Code of the Town of Orangetown is hereby established, to be known as the "Bureau of Fire Prevention of the Town of Orangetown."
[Amended 4-12-2004 by L.L. No. 5-2004]
The Bureau of Fire Prevention shall consist of a Chief of the Bureau of Fire Prevention and five Fire Inspectors, one from each fire district within the Town of Orangetown, who shall be appointed by the Town Board of the Town of Orangetown.
[Amended 4-12-2004 by L.L. No. 5-2004]
A. 
The Chief of the Bureau shall be an active fireman in the township for at least five years and a high school graduate or equivalent.
B. 
The Fire Inspectors to be appointed from each fire district shall have at least five years experience as active members of a fire company within their respective fire districts.
[Amended 4-12-2004 by L.L. No. 5-2004]
The Town Board may also appoint such Assistant Fire Inspectors as may be necessary for the proper operation of the Bureau in the unincorporated areas of the Town.
[Amended 4-12-2004 by L.L. No. 5-2004]
Assistant Fire Inspectors shall hold office at the pleasure of the Town Board and may be removed at the request of the Boards of Fire Commissioners of their respective districts, but only after a hearing upon five-day written personal notice.
[Amended 4-10-1972 by L.L. No. 6-1972; 4-12-2004 by L.L. No. 5-2004]
Meetings of the Bureau of Fire Prevention shall be held at the call of the Chief of the Bureau, who shall call such a meeting whenever, in his opinion, it is necessary, or upon the request of three members of the Bureau, each from a different district. Three members, each from a different district, shall constitute a quorum for the transaction of business.
[Amended 12-10-1984 by L.L. No. 24-1984; 4-12-2004 by L.L. No. 5-2004]
A. 
The Chief of the Bureau of Fire Prevention shall have the power to enforce all laws and ordinances relating to fire prevention and conditions hazardous to life and property from fire or explosives, including but not limited to Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code, and Chapter 1C (Alarm Systems) and the Fire Prevention Code of the Code of the Town of Orangetown, the Minimum Housing Standards Code of the Town of Orangetown and the Multiple Residence Law of the State of New York.
B. 
The Fire Inspectors in their respective districts, as members of the Bureau of Fire Prevention, shall investigate and report all violations of all laws and ordinances relating to fire prevention and conditions hazardous to life and property from fire or explosives.
C. 
The Bureau of Fire Prevention shall have the power to propose regulations covering any and all special conditions involving the safety of all buildings and structures, which regulations shall be presented to the Town Board of the Town of Orangetown for adoption or other appropriate action, and said Bureau shall have such powers and perform such other duties as are set forth herein and as may be conferred upon it from time to time by local law.
D. 
It shall be the duty of the Chief of the Bureau of Fire Prevention to inspect, or cause to be inspected by the Fire Inspectors, all buildings and premises within the Town of Orangetown outside of our incorporated village, except the interior of private, single-family dwellings, at least once each year for the purpose of ascertaining and causing to be corrected any violation of any law, code or ordinance relative to fire prevention, and he shall file or cause to be filed, in the office of the Bureau, a report of such inspection.
[Amended 12-10-1984 by L.L. No. 24-1984; 10-16-1995 by L.L. No. 10-1995; 4-12-2004 by L.L. No. 5-2004]
A. 
The Chief of the Bureau of Fire Prevention may issue permits in accordance with the provisions of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown to maintain, store or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Notice of issuance of such permits shall be given to the local Fire Chief. Such permits will not take the place of any other license or permit required by law. Such permits shall not be transferable, and any change in use or occupancy of premises shall require a new permit.
B. 
Before a permit may be issued, the Chief of the Bureau of Fire Prevention or his inspectors shall make or cause to be made such inspection or tests as are necessary to assure that the provisions of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown are complied with. All costs for testing materials and equipment shall be borne by the owner.
C. 
The Chief of the Bureau of Fire Prevention may revoke a permit or approval issued if any violation of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
D. 
Fees for permits under the Fire Prevention Code shall be established under § 15-5 of the Town Code of the Town of Orangetown.
[Amended 12-10-1984 by L.L. No. 24-1984; 4-12-2004 by L.L. No. 5-2004]
A. 
The Chief of the Bureau of Fire Prevention or any Fire Inspector may, at all reasonable hours or at any time he or they may have reason to believe that a fire hazard may exist, enter any building or premises within his jurisdiction, except the interior of a private dwelling, for the purpose of making any inspection or investigation which, under the provisions of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown or any law or ordinance relating to fire prevention, he or they deem necessary.
B. 
The Chief of the Bureau of Fire Prevention or a Fire Inspector shall inspect, as often as the Chief may consider necessary, all specially hazardous manufacturing processes; storage or installation of gases, chemicals, oils, explosives and flammable materials and such other hazards or appliances as the Chief of the Bureau shall designate, and the Chief shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for the safeguarding of life and property from fire.
C. 
Whenever the Chief of the Bureau or any Fire Inspector shall find in any building or upon any premises combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials, and which are so situated as to endanger property passageways, doors or windows, or liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, the Chief of the Bureau shall order the same to be removed or remedied and immediately notify the local Fire Chief of his findings.
[Amended 12-10-1984 by L.L. No. 24-1984; 4-12-2004 by L.L. No. 5-2004]
A. 
Whenever any of the said officers shall find any building or other structure which fails to comply with the provisions of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code, or Chapter 1C (Alarm Systems) and the Fire Prevention Code of the Code of the Town of Orangetown or, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such buildings or the occupants thereof the Chief of the Bureau shall order such violations of Chapter C and relevant sections of the New York Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown or such dangerous conditions or materials to be removed or remedied.
B. 
The service of such inspection reports may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a copy of the said order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last-known post-office address as shown on the tax records of the Town of Orangetown.
A. 
Inspection report shall be complied with by the owner or occupant of such premises or building within the time fixed in said order. If such order is made by the Chief to the Bureau of Fire Prevention, such owner or occupant may within 48 hours appeal from such order to the Bureau of Fire Prevention of the Town of Orangetown by filing his appeal with the reasons therefor with the Chief of the Bureau of Fire Prevention. The Bureau of Fire Prevention shall, within five days after the filing of such appeal, review such order and file its decision thereon, and, unless such order is revoked or modified, it shall remain in full force and be complied with within the time fixed in the order, which time shall be construed to run from the date of the filing with the Town Clerk of the Town of Orangetown of the decision of the Bureau of Fire Prevention; provided, however, that any such owner or occupant may, within five days after the service of any such order, or within five days after the filing of the decision of the Bureau of Fire Prevention on an appeal from such order, file his petition with a court of competent jurisdiction, praying for a review of such order in accordance with Article 78 of the Civil Practice Law and Rules of the State of New York.
B. 
Such parties so appealing to the court shall file with said court within two days a bond in an amount to be fixed by the court, to be approved by the court, conditioned to pay all costs of such appeal in case such appellant fails to sustain his appeal or the same be dismissed for any cause.
A. 
The Bureau of Fire Prevention, at the request of the local Fire Chief, shall investigate the cause, origin and circumstances of any fire occurring in its jurisdiction in which a person has been injured or by which property, to a value of not less than $25 has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall be begun immediately upon the occurrence of such fire by the Chief of the Bureau of Fire Prevention, or a Fire Inspector specially designated thereto, and if it appears to the officer making such an investigation that such fire is of suspicious origin, the Chief of the Bureau shall be immediately notified of the facts; he shall notify the proper authorities designated by law to pursue the investigation of such matters, he shall take charge immediately of the physical evidence and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same by the Inspector in whose jurisdiction such fire has occurred. Such report shall be in such form as shall be prescribed by the Chief of the Bureau and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire and extent of the damage thereof and the insurance upon such property and such other information as may be required, on blanks provided by the Bureau.
B. 
The Town Attorney, upon request of the Bureau of Fire Prevention, shall assist the Fire Inspectors in the investigation of any fire.
[Amended 12-10-1984 by L.L. No. 24-1984; 7-15-1991 by L.L. No. 10-1991; 11-13-2006 by L.L. No. 18-2006]
Any person or persons, firm or corporation violating any of the provisions of this local law or of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code and the Fire Prevention Code of the Town of Orangetown or neglecting to comply with any other order issued pursuant to any section thereof shall be guilty of offense and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 41A of this Code.
[Added 9-23-1985 by L.L. No. 9-1985]
The Chief of the Bureau of Fire Prevention or any Fire Inspector shall keep permanent official records of all transactions and activities conducted by the Fire Prevention Bureau, including all permits issued, fees charged and collected, inspection and investigations conducted and notices and orders issued.
The annual report of the Bureau of Fire Prevention shall be made on or before the 15th day of March and transmitted to the Supervisor. It shall contain all proceedings under this local law, with such statistics as the Chief of the Bureau may wish to include therein. The Bureau of Fire Prevention shall also recommend any amendments to the ordinances or codes which, in its judgment, shall be desirable.
If any part or provision of this local law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of this local law even without such part, provision or application.
This local law shall take effect immediately.