[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.
[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.
