Editor's Note: Municipal authority to regulate for prevention, extinguishment of fires, § 20, Subdivision 12, of the General City Law; authority to regulate height, bulk, location and use of buildings to secure safety from fire, § 20, Subdivision 24, of the General City Law.
General powers of city enumerated — See Administrative Code Section 2.04.
Fire Department — See Administrative Code Art. XI.
Building Code — See Code of Ordinances Section 6-1 et seq.
Fire limits established — See Code of Ordinances Section 6-8.
Electrical Code — See Code of Ordinances Section 6-90 et seq.
Disposal of packages of paper and other combustible materials — See Code of Ordinances Section 9-22.
Burning garbage, rubbish, refuse in open fires — See Code of Ordinances Section 11-25.
Administration and enforcement of Housing Code — See Code of Ordinances Section 12-20 et seq.
Minimum standards thereof — See Code of Ordinances Section 12-75 et seq.
Egress requirements of Housing Code — See Code of Ordinances Section 12-126.
Article I In General
Article II Fire Department
[Ord. of 6-22-1928, § 1]
A Bureau of Fire Prevention in the Fire Department of the City is hereby established.
[Ord. of 6-22-1928, § 2]
The Bureau of Fire Prevention shall be composed of the Chief of the Fire Department and such inspectors as he shall appoint from the officers or members of the Fire Department, who shall receive no additional salary or other compensation for the duties imposed upon them by this article, except as otherwise expressly provided.
[Ord. of 6-22-1928, § 3; Ord. of 12-19-1983, § 18]
It shall be the duty of the Chief of the Fire Department to enforce all laws of the State of New York and ordinances of the City covering the following matters:
The prevention of fires.
The storage and use of explosives and flammables.
The maintenance of automatic and other fire alarm systems and fire extinguishers and equipment.
The maintenance of fire escapes.
The means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
The investigation of the cause, origin and circumstances of fires.
The conducting of fire prevention campaigns.
The Chief of the Fire Department shall also enforce all the regulations set forth herein, as well as those set forth in the Uniform Code, and shall have such other powers and perform such other duties as set forth in this chapter, as well as in the Uniform Code, and as may be conferred or imposed upon him from time to time by law or ordinance
Editor's Note: For additional duties of the Fire Chief, see also Section 11.3 of the Administrative Code.
[Ord. of 6-22-1928, § 4; Ord. of 12-19-1983, § 19; Ord. of 12-19-1991, § 16; Ord. of 7-8-2002, § 2]
Article I of this chapter applies to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code for new construction of buildings and structures and the addition, alterations and conversions to existing buildings and structures. Existing buildings, structures shall be maintained in conformance with those provisions of the New York State Uniform Fire Prevention and Building Code commonly referred to as the "Fire Code of New York State" and the "Property Maintenance Code of New York State," and except as hereinafter below made more stringent, and shall be enforced by the Bureau of Fire Prevention. The definitions contained in the code shall apply to this article.
[Ord. of 6-22-1928, § 1; Ord. of 12-19-1983, § 20]
Immediately upon the occurrence of such fire, such investigation shall be begun by the Chief of the Fire Department. He shall notify the Chief of Police, who will take charge of any physical evidence and who shall, with the assistance of the Building Inspector, aid in the investigation and prosecution of the matter.
[Ord. of 6-22-1928, § 12]
The Chief of the Fire Department shall keep a record of all inspections, investigations or examinations made by his Department, including the date of inspection, investigation or examination and of the violation, if any, he found to exist, and shall make a report of the same to the Common Council at least once each calendar year.
[Ord. of 3-4-1929, § 19; Ord. of 12-19-1983, § 21; Ord. of 5-6-1985, § 1; Ord. of 12-19-1991, § 17; Ord. of 12-15-2003, § 1]
It shall be unlawful for any person, his or her agents or servants thereof to engage in the following activities without first having obtained a permit from the Chief of the Fire Department:
Operation of an acetylene generator with a carbide capacity in excess of five gallons.
Operation of any tire recapping or rebuilding plant.
Operation of an automobile wrecking yard.
Storage of calcium carbide in excess of 200 pounds.
Storage of cellulose nitrate plastics in excess of 25 pounds.
Storage, handling or use of more than 2,000 gallons of flammable compressed gas or 6,000 gallons of nonflammable compressed gas, including liquefied, low-temperature or cryogenic gases.
Operation of a dry-cleaning plant utilizing flammable or combustible liquids.
Conduct a fireworks or pyrotechnic display.
Storage, handling or use of:
Class I liquids in excess of five gallons inside any building or in excess of 10 gallons outside any building, except in the case of storage in the fuel tank of a vehicle or other engine.
Class II or Class III liquids in excess of 25 gallons inside any building or 60 gallons outside any building, except in connection with the use of fuel oil in connection with oil-burning equipment.
Manufacturing, processing, blending or refining of flammable or combustible liquids.
Abandonment or removal of underground tanks.
Installation of stationary storage tanks for the storage of flammable or combustible liquids.
Storage, handling or use of hazardous materials, as defined by Chapter C, § 1174.1(a) of the Uniform Code.
Installation of liquefied petroleum gas in excess of 2,000 gallons in capacity.
Installation of sprinkler and standpipe systems.
Installation of wood or other solid-fuel-burning apparatus.
Use of any open flame or fire in a theatrical performance.
Installation of a fire alarm system or systems.
Storage of portable propane gas containers, with a capacity of more than 2.5 pounds and less than 100 pounds, awaiting use or resale as part of a propane cylinder exchange or sale business.
All applications for permits shall be made on forms and in such detail as the Chief of the Fire Department shall prescribe and shall be accompanied by such plans and supplementary materials as are necessary in the view of the Fire Chief to valuate the application.
Any permit issued under this section is subject to revocation or suspension for due cause, subject to appeal as provided in Section 8-11.
The fees shall be in accordance with the fee schedule as promulgated by the Fire Chief, with the approval of the Common Council.
[Ord. of 5-6-1980, § 2; Ord. of 12-19-1983, § 22]
Prior to performing any interior inspection of private property pursuant to this chapter, the Fire Inspector shall obtain permission for such inspection from the property owner or his authorized agent or representative. In the event that such owner or agent refuses to allow inspection, either upon initial inspection or reinspection, the Fire Inspector shall request that the Corporation Counsel make application to a court of competent jurisdiction for a search warrant. Such application is to be made on notice to the property owner or his authorized agent or representative. In cases of public emergency, the notice requirement may be dispensed with and application made ex parte. It shall be unlawful to refuse to permit such entrance and inspection or to interfere with or hinder the same when a court of competent jurisdiction has issued a search warrant authorizing the same.
[Ord. of 6-22-1928, § 6; Ord. of 12-19-1983, § 23]
If the Chief of the Fire Department or those acting under or for him shall find upon an inspection of any premises, building or structure any rubbish, debris, waste or inflammable or combustible materials that are not so arranged or disposed as to afford reasonable safeguard against the danger of fire or shall find that articles, materials, goods, wares and merchandise on or in such premises, building or structure are so arranged and disposed that the occupants thereof or persons rightfully in or on the same would not, because of such arrangement and disposition, be afforded reasonable access to the exits of such premises, building or structure in case of fire or shall find that by reason of such arrangement or disposition members of the Fire Department would unnecessarily or unreasonably be interfered with in the exercise of their duties in and about such premises, building or structure in case of fire, the Chief of the Fire Department or his Inspector shall order removal of such rubbish, debris, waste or inflammable or combustible materials or the disposing or arranging of the same in such manner as will remove such danger from fire; he shall also order that such articles, materials, goods, wares or merchandise shall be so arranged and disposed that the occupants of the premises, building or structure or the persons rightfully in or on the same will be afforded all reasonable access to exits from the same in case of fire, and the members of the Fire Department will be afforded all reasonable facilities for the discharge of their duties in and about the same in case of fire.
[Ord. of 6-22-1928, § 7; Ord. of 12-19-1983, § 24]
If the Chief of the Fire Department or those acting under him or for him shall find appliances on or in any premises, building or structure for protection against fire are not in proper condition or are of insufficient size or number or are otherwise insufficient for the purpose for which the same are designated or intended or shall find that such appliances are reasonably necessary for the protection of such premises, building or structure and are wholly wanting, the Chief shall order, in the case of improper condition or insufficiency, that the same be placed in proper condition and rendered reasonably sufficient to afford proper protection against fire; and in case of absence of such appliance where it may be found that they are reasonably necessary for protection against fire, he shall order the installation of such appliances sufficient to afford proper protection in case of fire to such premises, building or structure and to the occupants thereof or persons rightfully on or in the same. In no event shall the provisions of this section require equipment or systems in excess of those otherwise required by the applicable provisions of the Building Code, also known as Article 6 of this Code.
[Ord. of 6-22-1928, § 8; Ord. of 12-19-1983, § 25]
Legislative findings. It is the finding of this Common Council there is an urgent necessity in dealing with violations of the Fire Code, where the threat to human life and safety is more severe than in most other circumstances. Accordingly, the Common Council finds that the time limits for appeal must be considerably shorter than those in other appeal procedures throughout the Code.
Should any person receiving a notice or order under any section of this chapter consider themselves aggrieved by such order, they may appeal to the Chief of the Fire Department within 24 hours. The Chief of the Fire Department shall hold a hearing on the appeal within 48 hours and shall render a decision thereon. Such decision shall be in writing and shall constitute a final decision, subject only to judicial review in a special proceeding in a court of competent jurisdiction.
[Ord. of 6-22-1928, § 9]
Applicability. The order provided in the foregoing sections shall be directed to the owner, lessee or occupant of the premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise therein referred to, as the circumstances may require.
Service. Service of an order or notice required in this article shall be made by personally delivering a copy thereof to the owner, occupant or person in charge named in said order or notice or by personally delivering a copy thereof to any person of suitable age and discretion in charge, or apparently in charge, or if service cannot be made in such manner, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises and by mailing another copy thereof to the owner, lessee or occupant of such premises, building or structure, at his last known place of residence or place of business, as may be ascertained with reasonable diligence.
Compliance required. It shall be the duty of such owner, lessee or occupant and of the owner or person in control of such articles, materials, goods, wares or merchandise to comply with such order within the time and in the manner directed in such order or notice, and it shall be unlawful to refuse or neglect to comply with the same.
[Ord. of 6-22-1928, § 10; Ord. of 12-19-1983, § 26]
It shall be the duty of the Chief of the Fire Department, or anyone duly authorized by him, to inspect as often as necessary all particularly hazardous manufacturing processes, storage or installation of acetylene or other gases, chemicals, oils, explosives and inflammable materials and all interior fire alarms and automatic sprinkler systems; and to inspect such other hazards and appliances as the Chief of the Fire Department shall designate, as often as necessary, wherever the same shall exist in a building, premises or public thoroughfare.
[Ord. of 6-22-1928, § 14]
Smoking shall be prohibited in the lobbies, upon the stage and in all rooms, dressing rooms, orchestra pits, passages or halls, in all theaters of the City.
[Ord. of 6-22-1928, § 16; Ord. of 12-19-1983, § 27, 28]
The Chief of the Fire Department, with the consent of the City Administrator shall have the power to place a fireman on continuous duty at any theater, auditorium or place of public assembly in the City during any performance, show or exhibition, for the purpose of enforcing all fire laws and ordinances.
[Ord. of 6-22-1928, § 17; Ord. of 12-19-1983, § 29]
In any theater, hall or auditorium, public or private, in the City, where any form of entertainment, concert or exhibition shall be given, smoking shall be permitted only in a room that is built or altered for that purpose. Such room shall have no connection with any part of the stage or dressing room.
[Ord. of 12-19-1983, § 31]
In each public, private or parochial school or educational institution in the City, fire drills shall be given, when required by the State Education Law, under the supervision of the Chief of the Fire Department or his duly appointed inspector.
Editor's Note: An ordinance adopted 12-19-1983, Section 30 through 32, repealed former Sections 8-18, 8-19 and 8-20 relative to film projection booths, school fire drills and the penalty for chapter violations, as derived from Sections 13, 18, 19 of an ordinance adopted 6-22-1928. The ordinance adopted 12-19-1983 further enacted new provisions designated as Sections 8-17 and Section 18.
Editor's Note: Former Sec. 8-18, Licensing of oil and gas heating equipment contractors, derived from Section 34 of an ordinance of 12-19-1983, was repealed 12-19-1991. See Division 5 of Ch. 6.
[Ord. of 12-19-1983, § 32; Ord. of 2-12-2001, § 1; L.L. No. 3-2003, 5-19-2003, § 4; Ord. of 11-10-2003, § 1]
Any person, partnership or corporation who shall violate any of the provisions of this chapter, of the Uniform Code or of any rule, order or regulation made pursuant thereto shall be subject to a penalty of $100 for the first violation, $500 for the second violation within any two-year period, and $1,000 for the third or subsequent violation within any two-year period, except where a specific penalty is set forth in a particular section of this chapter, and each day that said violation is allowed to remain in existence shall constitute a separate violation.
[Ord. of 11-5-1984]
The installation and maintenance of smoke detectors shall be required in all living units in all multiple dwellings in the City of Poughkeepsie. For the purposes of this section, a "multiple dwelling" is defined as a dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other. It shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family.
The installation and maintenance of a single station, battery-operated smoke detector in each living unit shall be deemed to constitute compliance with this section.
It shall be the responsibility of the owner or the landlord of the premises to purchase and install these smoke detectors as provided herein. In the event that said smoke detectors are battery operated, it shall be the responsibility of the tenant or occupant to maintain and replace the batteries for said smoke detector. In the event that the smoke detector shall become inoperable for reasons other than battery failure, it shall be the responsibility of the owner or landlord to perform the necessary maintenance to return said smoke detector to an operable condition.
[Ord. of 12-8-1986, § 1; Ord. of 9-21-1987, § 1]
Legislative findings. It is the finding of this Common Council that there exists in the City of Poughkeepsie a large number of properties to which access is unduly difficult because of secured openings or because the area or building is at times vacant or unoccupied. The Fire Department needs ready access to these properties for fire-fighting and lifesaving purposes. Ready access, without forced entry, will both enhance fire protection and prevention and prevent unnecessary property damage.
The Fire Chief or his designee shall institute and implement a uniform system of maintaining keys to provide for ready access to such property within the City of Poughkeepsie through the installation of key boxes or another key maintenance system. The Fire Chief may enter into an agreement with the owner or tenant of the property for the installation of the system. The agreement shall be in a form acceptable to the Corporation Counsel of the City of Poughkeepsie.
When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the Chief may require a key box or other key maintenance system to be installed in an accessible location. The key box or maintenance system shall be a type approved by the Chief and shall contain keys to gain necessary access as required by the Chief.
[Ord. of 2-18-1993, § 1; Ord. No. O-06-21, § 1]
An owner, lessee, occupant, operator or agent or any other person, firm, business or corporation in custody or control of any residence or building shall be charged a fee for the fourth or more needless response made by the City of Poughkeepsie Fire Department to the home or building within any one-hundred-eighty-day period or portion thereof in a calendar year. A "needless response" shall be defined as an intentional false alarm, a malfunction of a fire alarm system or the accidental activation of a fire alarm system. The one-hundred-eighty-day period shall commence from the first needless response.
The fees to be imposed for these needless responses are as follows:
One hundred dollars for the fourth and fifth needless response by the Fire Department within any one-hundred-eighty-day period.
Two hundred dollars for the sixth through ninth needless response by the Fire Department within any one-hundred-eighty-day period.
Five hundred dollars for the tenth and each additional needless response by the Fire Department within any one-hundred-eighty-day period.
Said fee shall be calculated each January for one-hundred-eighty-day periods in the preceding calendar year and shall be certified by the Fire Chief to the Commissioner of Finance and shall be billed to the owner, lessee, occupant, agent or other person, firm, business or corporation responsible for the residence or building. The fee shall become and be a lien against the subject property, and the full amount shall be added to and become a part of the next annual tax roll as a special assessment at the time and in the manner prescribed by the Charter of the City and subject to all provisions thereof or shall be recovered in a suit at law against the owner, lessee, occupant, agent or other person, firm, business or corporation in custody or control of said residence or building.
[Ord. of 2-18-1993, § 2; Ord. of 5-13-2002, § 1]
The owner, lessee, occupant, agent or any other person, firm, business or corporation in custody or control of any building in the City of Poughkeepsie who is required or wishes to have his or her building's fire alarm system connected directly to the City of Poughkeepsie Fire Department either by a master box connected by the City Fire Department or through a fire alarm company with a hookup directly in the City Fire Department, must first obtain from the City Fire Chief a permit for said connection. Said permit shall be required prior to connection and on an annual basis, to be renewed on or before March 15 of each year. All persons whose buildings have an existing direct connection to the City Fire Department, as outlined above, must obtain a permit and pay the fee required by this section within 60 days after the effective date of this section.
The fee for said permit shall be $300 per year per master box. The fee shall be charged to any fire alarm company with a hookup directly in the City Fire Department for each building connected to the fire alarm company's system.
Said fee shall be paid to the Fire Chief or his/her designee at the time the permit application is submitted to the Fire Chief. If the annual fee is unpaid by any party described in Subsection (a) of this section who has a direct connection to the Fire Department by March 15 of any year, the Fire Chief shall certify to the Commissioner of Finance the amount of the fee due, and the amount shall be billed to the responsible party, as set forth in Subsection (a) of this section. If unpaid, the fee shall become and be a lien against the subject property, and the total amount shall be added to and become a part of the next annual assessment roll as a special assessment at the time and in the manner prescribed by the Charter of the City and subject to all provisions thereof, or shall be recovered in a suit at law against the owner, lessee, occupant, agent or other person in custody and control of the building. If the fee for any building hooked up to a fire alarm company with a hookup directly in the Fire Department is unpaid by the fire alarm company, the Fire Chief shall give notice to the company that its operation in the Fire Department must cease if the fee is not paid within 30 days. If the fee still remains unpaid and the fire company fails to cease operation, the Fire Chief shall promptly advise the Corporation Counsel who shall institute an appropriate action in the court to cause the operation of the fire alarm company to cease.
Editor's Note: See Title V of the Charter laws.
[Ord. of 2-18-1993, § 3; Ord. of 1-17-1995, § 1; Ord. of 2-12-2001, § 2; Ord. of 3-25-2002, § 1; Ord. of 2-13-2003, § 1; L.L. No. 3-2003, 5-19-2003, § 1; Ord. No. O-11-01, 1-3-2011, § 6]
It shall be unlawful for any person, firm, business or corporation to conduct, maintain or operate a place of public assembly within the City of Poughkeepsie without first obtaining from the Fire Chief or his/her designee a license. All parties conducting, operating or maintaining a place of public assembly must obtain a license and pay the fee as required by this section within 60 days after the effective date of this section.
A "place of public assembly" shall be defined as a building, or portion of a building, used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.
Said license shall be obtained on an annual basis on or before March 15 of each year and prior to the opening or use of any new building used for the purpose of public assembly. Prior to issuance of said license each year, the Building Inspector shall inspect the place of public assembly to make a determination as to the maximum safe occupancy of the proposed place of public assembly pursuant to the Fire Code of New York State and to approve and ensure its compliance with all laws, codes and ordinances relative to maximum occupancy allowed and fire protection and safety. The applicant shall pay an annual license fee at the time the license application and/or renewal is made to the Building Inspector or his or her designee. The fee shall be in accordance with the fee schedule as approved by the Common Council of the City.
Upon the failure of any party to obtain the necessary license, the Building Inspector shall promptly notify the Corporation Counsel, who may institute an appropriate action in the court to cause the operation of the place of public assembly to cease until and unless the inspection is permitted and the license required by this section is obtained.
Penalties. Any person, firm, business or corporation who violates the provisions of this section by operating or maintaining a place of public assembly without obtaining a license shall be subject to a penalty of $250 for each violation thereof, and each day that said violation is allowed to remain in existence shall constitute a separate violation.
Suspension of license.
[L.L. No. 3-2003, 5-19-2003, § 2]
It shall be unlawful for any of the following conditions to be created or allowed to exist at any time in a place of public assembly as defined in Section 8-24(b) of this article:
Use of any open flame for any purpose other than pursuant to a permit issued under Section 8-7 of this article or as allowed by the Fire Code of New York State;
Storage of combustible materials in exits or exit enclosures as prohibited by the Fire Code of New York State;
Blocked or otherwise obstructed means of egress such that the required capacity of a means of egress system is diminished along the path of egress travel as prohibited by the Fire Code of New York State;
Use of any furnishings or decorations of an explosive or highly flammable character as prohibited by the Fire Code of New York State;
Lack of one or more fire extinguishers, portable or otherwise, that have been selected, installed and maintained as required by the Fire Code of New York State;
Lack of one or more fire extinguishers, portable or otherwise, in a location as required by the Fire Code of New York State;
Lack of a posting, of a legible and permanent design approved by the Fire Chief, of the occupant load determined by the Fire Inspector in every room or space that is a place of public assembly in a conspicuous place, near the main exit or exit access doorway from such room or space, or the lack of maintenance of such sign, all as required by the Fire Code of New York State;
Fire detection, suppression or control elements and rooms containing such equipment that are not identified for the use of the Fire Department in a manner required by the Fire Code of New York State;
Means of egress, including exit discharge, that is not illuminated as required by the Fire Code of New York State; or
Egress doors that are not readily openable from the egress side without the use of a key or special knowledge or effort as required by the Fire Code of New York State.
Any person, firm, business or corporation who violates a provision of Subsection (a) of this Section 8-25 shall be subject to:
A fine of not less than $250 nor more than $1,000 for a first violation; or
A fine of not less than $500 nor more than $2,000 for a second violation within any two-year period; or
A fine of not less than $750 nor more than $3,000 for a third or subsequent violation within any two-year period.
In the event that the condition which violated Subsection (a) of this section has been reestablished or has not been corrected upon a second visit to the place of public assembly not less than one hour after the first, then a second separate offense of Subsection (a) of this section may be charged against the person, firm, business or corporation.
In the event that the Fire Chief or the Fire Inspector shall find that a condition exists within a place of public assembly, or within the premises of which the place of public assembly is a part, such that there is actual and immediate danger to life or property, then the Fire Chief or the Fire Inspector may order the place of public assembly to be vacated forthwith and closed to all persons, except as authorized herein, until such time as the said condition has been corrected and inspected by the Fire Chief or the Fire Inspector. Any person failing or refusing to vacate the premises shall be guilty of disorderly conduct. The Fire Chief or the Fire Inspector shall authorize employees or agents of the person, firm, business or corporation holding the public assembly license to enter the premises for the purpose of correcting the said condition.
[L.L. No. 3-2003, 5-19-2003, § 2]
First degree. Any person, firm, business or corporation who violates the provisions of this section by exceeding 150% of the maximum number of occupants permitted under a license for public assembly shall be guilty of overcrowding in the first degree and shall be subject to:
A fine of $2,000 and a term of imprisonment not to exceed 30 days for the first violation; or
A fine of $3,000 and a term of imprisonment not to exceed 30 days for the second violation within any two-year period; or
A fine of $4,000 and a term of imprisonment not to exceed 30 days for the third or subsequent violation within any two-year period.
Second degree. Any person, firm, business or corporation who violates the provisions of this section by exceeding 120% of the maximum number of occupants permitted under a license for public assembly shall be guilty of overcrowding in the second degree and shall be subject to a fine of $1,000 for the first violation, $1,500 for the second violation within any two-year period and $2,000 for the third or subsequent violation within any two-year period.
Third degree. Any person, firm, business or corporation who violates the provisions of this section by exceeding the maximum number of occupants permitted under a license for public assembly shall be guilty of overcrowding in the third degree and shall be subject to a fine of $500 for the first violation, $750 for the second violation within any two-year period and $1,000 for the third or subsequent violation within any two-year period.
A previous conviction on any degree of the offense of overcrowding shall be deemed a prior offense for the purposes of determining the penalty for any other degree of the offense of overcrowding.
[L.L. No. 3-2003, 5-19-2003, § 2]
Service of an accusatory instrument alleging any violation of therein or to any person found at the place of public assembly who is in an apparent position Sections 8-24, 8-25 or 8-26 of this article may be effected by personal delivery to the person named of authority or control over the place of public assembly. This shall be deemed to include but not be limited to bartenders, hosts or hostesses, or person in apparent charge of allowing or denying to the public entrance to the place of public assembly, or any other person known to be responsible for the operation of the place of public assembly.
[Added by L.L. No. 2-2017, 6-5-2017]
Legislative intent. This section is adopted in an effort to promote the restoration or demolition of fire-damaged buildings and structures in the City. Pursuant to § 22 of the General Municipal Law, every tax district is authorized and empowered to claim against the proceeds of a policy of fire insurance insuring the interest of an owner and issued on real property located therein to the extent of any lien thereon which claim shall constitute a lien against such proceeds. This section will allow the City to release its lien against fire insurance proceeds if the real property owner will agree to restoration of the premises lying thereon to the same or improved condition that it was in prior to the time that the City's lien against proceeds provided for in this section arose. The legislative intent behind this section is to safeguard the interests of the City of Poughkeepsie by reducing the effects that result from blighted fire-damaged properties. The purpose is to demolish or restore unsafe and dangerous fire-damaged buildings, reduce the blight caused by boarded-up and abandoned buildings, foster growth and increase in property valuations, make insurance policies more affordable for property owners and maintain and improve the City tax base.
Definitions. Wherever used in this section, the following terms shall have the meanings indicated:
- Commissioner of Finance.
- Any lien, including liens for taxes, special ad valorem levies, special assessments and municipal charges, arising by operation of law against property in favor of the City and remaining undischarged for a period of one year or more (including, but not limited to, the potential or actual cost of demolition of such property by the City of Poughkeepsie in the event demolition is necessary due to fire damage or other damage).
- REAL PROPERTY
- Property upon which there is erected any residential, commercial or industrial building or structure.
- SPECIAL LIEN
- A lien upon fire insurance proceeds pursuant to this chapter and Chapter 738 of the Laws of 1977.
The Commissioner shall file a notice of intention to claim against the proceeds of fire insurance policies pursuant to § 22 of the General Municipal Law with the State Superintendent of Insurance for entry in the index of liens maintained by him or her as provided in § 331 of the Insurance Law.
Prior to the payment of any proceeds of a policy of insurance for damages caused by fire to real property, which policy insures the interest of an owner and is issued on real property located within the City, and following notification to the Commissioner by an insurer of the filing of a claim for payment of such proceeds, the Commissioner shall claim, by serving a certificate of lien, against such proceeds to the extent of any lien (including interest and penalties to the date of the claim) thereon, which claim when made and perfected in the manner provided for in § 22 of the General Municipal Law and § 331 of the Insurance Law, shall constitute a special lien against such proceeds and shall, as to such proceeds, be prior to all other liens and claims except the claim of a mortgagee of record named in such policy. Notice of the service of the certificate of the special lien shall be given to the insured by certified mail.
The provisions of this section shall not be deemed or construed to alter or impair the right of the City to acquire or enforce any lien against property but shall be in addition to any other power provided by law to acquire or enforce such right.
Whenever the proceeds of a policy of fire insurance will be or have been paid to the City instead of an insured, all or part of such proceeds may be paid or released to the insured if the insured satisfies to the City that the affected premises have been or will be repaired or restored, that such repairs or restoration are in the public interest, and the insured is issued and complies with a certificate of the City pursuant to this section. To secure such payment or release of proceeds, the insured must notify the City, within 45 days after the mailing to the insured of a notice of the service of the certificate of special lien pursuant to Subsection (c) hereof, of the intention to restore or repair the affected premises and must file with the City a completed application with all required supporting documentation pursuant to Subsection (g) of this section within 60 days thereafter, unless the City grants an extension for a stated period of time.
The release or return to the insured of any amounts to which he or she or it would otherwise be entitled to claim shall be subject to the following conditions:
Such release or return shall be subject to the repair or restoration of the affected premises, in accordance with applicable building laws, to the condition it was in prior to the time the lien of the City arose, or to an improved condition.
The insured shall file with the City an application in affidavit form, with such supporting documentation as the City shall require, containing the following:
A complete description of the nature and extent of the damage to the insured premises and of the condition of the premises prior to the time the lien of the City arose;
A complete description of the nature of the repairs or restoration to be undertaken and the cost thereof;
A statement as to the source of funds needed to complete such repairs or restoration if the insurance proceeds are not sufficient therefor;
The name and address of each contractor who will effect such repairs or restoration;
An estimated time schedule showing how long the repairs or restoration, and each phase thereof, will take; and
Such other information as may be required by the City to enable it to determine whether the repairs or restoration are in the public interest and will be or have been timely and properly made.
Upon a preliminary approval by the City of an application pursuant to the preceding subsection, the City may issue a certificate, to be signed by the Commissioner; evidencing the right of release to the insured of amounts representing insurance proceeds, upon such conditions as may be set forth therein. The repairs or restoration required by the City shall be completed in compliance with the terms and conditions of the certificate prior to the release or return of any part of the insurance proceeds; provided, however, that the City may, upon the written request of the insured and in its sole discretion, approve a prior release of such proceeds or a portion thereof, in a lump sum or in installments, where the insured certifies and demonstrates that such release is required to permit such repairs or restoration to go forward. Any such insurance proceeds released or returned prior to the completion of the repairs or restoration required by the City may be paid directly to the contractor or contractors responsible for making such repairs or restoration. Such payment shall, to the extent thereof, release the City from further liability to the insured.
If the insured: fails to notify the City of his or her or its intention to repair or restore the affected premises as required in Subsection (g) of this section, fails to file a completed application pursuant to this section, or fails to obtain a certificate from the City or comply therewith within the time set forth, the right of the insured to assert a claim against the insurance proceeds, except to the extent they exceed the amount of the lien, shall terminate.
Until such termination, any insurance proceeds received by the City shall be deposited in an escrow account and shall be retained therein. Upon termination of the insured's right to claim against the proceeds, the proceeds and any interest accrued thereon shall be applied to the liens affecting the premises in a manner determined by the City and may be transferred to the general fund. In the alternative, the insured may obtain a performance bond or similar bond which has been approved by the Corporation Counsel and which amount shall be the equivalent of 150% of the estimated cost of demolition or rehabilitation of the affected premises.
The lien or liens against the affected premises upon which the special lien against proceeds is based shall continue in full force and effect except to the extent that such lien or liens are or have been paid.
The City may, pursuant to this section, release, compromise or adjust the special lien upon insurance proceeds created by this section. Any certificate issued by City pursuant to this section shall be for the purpose of preserving and evidencing the right of release of the special lien created by this section, shall be subject solely to the provisions of this section, and shall not be deemed to be a contract subject to City regulation. Any repair or restoration performed in anticipation of a release of insurance proceeds shall not be deemed to be a public work or municipal project nor to have been done pursuant to a municipal contract.
The provisions of this section shall be effective immediately and applied retroactively as legally permissible.
Editor's Note: An ordinance adopted 12-19-1983, § 33, provided for the repeal of former Sections 8-20 through 8-23, which pertained to the adoption of a fire prevention code, fire limits, oil-burning equipment and an oil burner code, gas appliances and gas code, as derived from ordinances adopted on the following dates: 11-21-1966, § 1; 12-5-1966; 2-23-1972; 10-17-1977, § 1, 2; and 5-2-1983.
[Ord. of 3-4-1929, § 1; Ord. of 9-6-1983, § 1]
The Fire Department shall consist of a hook and ladder company, hose companies, steamer companies and fire patrol, a Chief, a Deputy Chief, an Assistant Chief, two deputies to the Assistant Chief and such other officers and personnel as may be from time to time appointed or hired.
[Ord. of 3-4-1929, § 6]
No person shall be appointed to membership in the Fire Department or continue to hold membership therein who is not a citizen of the United States or who has been convicted of a felony; nor shall any person be appointed who cannot read and write the English language or who shall not have resided within the state one year prior to making application for appointment to the Fire Department or who shall be under the age of 18 years.
[Ord. of 3-4-1929, § 2; Ord. of 9-6-1983, § 2]
The Chief of the Fire Department shall hold his office for two years under such regulations as the Common Council shall prescribe. The Chief shall have power to appoint an Assistant Chief of the Fire Department to hold such office during the pleasure of the Chief and two deputies to the Assistant Chief to hold such office during the pleasure of the Chief. In making appointments for the deputies to the Assistant Chief, the Chief shall seek recommendations from the volunteer companies. The Deputy Chief shall be appointed by the City Administrator and shall have such tenure as may be provided by the Civil Service Law. The Chief, the Deputy Chief and Assistant Chief of the Fire Department shall perform such duties and possess such powers as shall be prescribed by the Common Council and/or the civil service administrator or for the City of Poughkeepsie, as the case may be. The person serving as Deputy Chief must be a resident of the City of Poughkeepsie.
[Ord. of 9-6-1983, § 3]
The Deputy Chief shall assist the Chief and obey his orders for the extinguishment of fires when on duty, and in the absence of Chief, the Deputy Chief shall take command.
[Ord. of 3-4-1929, § 4; Ord. of 9-6-1983, § 4]
The Assistant Chief shall assist the Chief and obey his orders for the extinguishment of fires when on duty and, in the absence of the Chief and the Deputy Chief, shall take command according to rank.
[Ord. of 3-4-1929, § 3; Ord. of 9-6-1983, § 5]
The Chief, the Deputy Chief and Assistant Chief of the Department shall have full and absolute power at all fires to order and direct the firemen and fire wardens in the management of the fire engines and other apparatus for the extinguishment of fires.
[Ord. of 3-4-1929, § 21; Ord. of 9-6-1983, § 6]
In case of absence of the Chief of the Department and his Deputy and Assistant from any fire, the captain in charge shall take command of the Fire Department. The deputies to the Assistant Chief shall be appointed from among the ranks of the volunteer companies and shall have authority only within the ranks of the volunteer companies subject to the command of the Department as otherwise provided by law.
[Ord. of 3-4-1929, § 29]
The captain and lieutenants of the volunteer companies shall be elected by ballot by the companies to which they respectively belong, and the secretaries of the different companies shall notify the Common Council of such election and, when elected, shall hold their respective offices until others are elected in their places, unless the Common Council shall otherwise direct.
[Ord. of 3-4-1929, § 25]
Upon every alarm of fire, the captain and lieutenants shall immediately repair thereto, with the engines and equipment in their charge, and there work and manage the same under the direction of the Chief of the Department and his Assistants, in the most effective manner, until dismissed by the Chief.
[Ord. of 3-4-1929, § 8]
A uniform badge provided by the Common Council shall be worn by all members of the Fire Department, whether they be paid or volunteer members, when attending fires.
[Ord. of 3-4-1929, § 13]
All members of the Fire Department shall, when on duty, wear the firemen's badge provided by the City on penalty of expulsion from the Fire Department for noncompliance.
[Ord. of 3-4-1929, § 11]
No badge shall be delivered by the Chief of the Department except upon satisfactory evidence that the member is entitled to wear the same.
[Ord. of 3-4-1929, § 10; Ord. of 4-20-1942, § 1]
No volunteer fireman shall be required to pay a fee for his badge, but upon resigning or leaving the Department, he shall return the same to the Fire Chief, and it shall be the duty of the secretary of each and every company to notify at once the Chief of the Department of the expulsion, resignation or death of the member in possession of a badge. In the event of loss of a badge, a new one may be obtained by paying such fee as will cover the expense of furnishing such badge.
[Ord. of 3-4-1929, § 12]
Any fireman disposing of or giving away his fire badge shall incur a penalty of $10 and shall be subject to expulsion from the Fire Department.
[Ord. of 3-4-1929, § 14]
Police officers on duty at fires shall be empowered to exclude and eject all persons not wearing a fire badge as provided for by this Article.
[Ord. of 3-4-1929, § 18]
The Chief of the Department shall keep a record of the names of the members of the different companies, specifying the company to which each member belongs, and all reductions and increases in membership of such companies and shall report the same to the Common Council annually.
[Ord. of 3-4-1929, § 9]
A register shall be kept by the Fire Chief in which he shall enter the name of the fireman and the name of the company.
[Ord. of 3-4-1929, § 7]
The secretaries of the several volunteer companies, semiannually, on the first day of January and July and upon request shall report to the Chief of the Department the names of the members of their respective companies who have ceased to be firemen by removal from the City or otherwise, the names of the persons to be recommended to the Common Council for appointment as firemen and the names of all delinquent members thereof with the nature of each delinquency.
[Ord. of 3-4-1929, § 27]
Any volunteer fireman who shall apply for an exemption certificate shall, with such application, present to the Common Council a statement verified by his oath of the time he was in actual service as a volunteer member of the Fire Department, stating to what company or companies and the term of such service and the certificate of the captain of such company or companies giving the term of his membership.
[Ord. of 3-4-1929, § 28]
All certificates of membership or exemption granted by the Common Council, as provided in Section 8-47, shall be delivered by the Chamberlain to the Chief of the Department, and by him delivered to the captain of the company of which the applicant is a member; and if such certificate of membership shall not be called for by such applicant within one month after its date, such certificate shall be void and returned by the Chief of the Department to the Chamberlain.
[Ord. of 3-4-1929, § 22]
The Chamberlain shall keep a record of all certificates of membership and exemption, with the respective dates thereof, granted as provided in Section 8-47 by the Common Council.
[Ord. of 3-4-1929, § 23]
If any fireman shall neglect to attend a fire without a sufficient excuse therefor or shall refuse to do his duty in working the engine or other apparatus to which he may be attached or shall disobey the orders of the Chief of the Department or his Assistants or the officers in command or the officers of his company, he shall be liable to expulsion from the Fire Department.
[Ord. of 3-4-1929, § 20; Ord. of 6-28-1976, § 1]
The Chief of the Department, or the person having command at a fire, shall report to the City Administrator the names of such firemen or volunteer firemen as have disobeyed orders or neglected or refused to attend to their duty. Volunteer firemen may be expelled from membership for such violations, by the Chief, pursuant to Section 209-1 of the General Municipal Law of the State of New York.
[Ord. of 3-4-1929, § 17]
The Chief of the Department shall report annually to the City Administrator the condition of the engines, hose, hooks and ladders and other fire apparatus and recommend such alterations and improvements in the same as he may think necessary and proper.
[Ord. of 3-4-1929, § 26]
Any hose company laying a line of hose from a hydrant at a fire shall retain possession of the hydrant unless otherwise ordered by the officer in command.
[Ord. of 3-4-1929, § 33; Ord. of 2-12-2001, § 1]
No person shall in any way or manner obstruct the use of any fire hydrant in the City or allow any snow or ice to be thrown or piled upon or around the same or have, place or allow to be placed any material in front thereof, from the curbline to the center of the street and to a point within five feet from either side thereof, and all snow or ice accumulating within such space shall be removed by the owner or lessee of the premises fronting the same. A violation of this section shall be subject to a fine of $100.
Editor's Note: Unlawful interference with hydrants, apparatus, § 145.15 of the Penal Law and Section 1202 of the Vehicle and Traffic Law.
[Ord. of 3-4-1929, § 35]
No person shall knowingly make or assist in making a false alarm of fire or willfully or otherwise turn in a false alarm of fire through any alarm box in the City nor set fire to any material or substance for the purpose of creating such false alarm.
Editor's Note: False alarms, interference with fire alarm system prohibited, § 240.50 of the Penal Law.