[Added 6-14-2007 by L.L. No. 1-2007]
A. Operating
permits required.
(1) Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board of this Village of Webster.
(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection
A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. Applications
for operating permits. An application for an operating permit shall
be in writing on a form provided by or otherwise acceptable to the
Code Enforcement Officer. Such application shall include such information
as the Code Enforcement Officer deems sufficient to permit a determination
by the Code Enforcement Officer that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Code Enforcement
Officer determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the
Code Enforcement Officer, at the expense of the applicant.
C. Inspections.
The Code Enforcement Officer or an inspector authorized by the Code
Enforcement Officer shall inspect the subject premises prior to the
issuance of an operating permit.
D. Multiple activities. In any circumstance in which more than one activity listed in Subsection
A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. Duration of operating permits. Operating permits shall remain in
effect until reissued, renewed, revoked or suspended.
[Amended 10-11-1988 by L.L. No. 3-1988; 6-9-1994 by L.L. No. 2-1994; 6-14-2007 by L.L. No. 1-2007]
A. The
Fire Marshal of the Village of Webster shall conduct periodic inspections
for all buildings and premises, except the interiors of single-family
dwellings, for compliance with the provisions of the New York State
Uniform Fire Prevention and Building Code. Such inspections may be
made at any reasonable time. Inspections shall be performed in accordance
with the following schedule:
(1) Firesafety and property maintenance inspections of buildings or structures
with areas of public assembly as defined in the Building Code of New
York State shall be performed at least once in every 12 months.
(2) The common areas of all multiple dwellings consisting of three of
more units, including but not limited to hallways, foyers, staircases,
etc., shall be inspected at least once in every 24 months.
(3) Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(4) All other buildings, uses and occupancies, except one- and two-family
dwellings, shall be inspected at least once every 36 months.
(5) An inspection of a building or dwelling unit shall be performed at
any other time upon:
(a)
The request of the owner or authorized agent;
(b)
Receipt of a written statement specifying the ground upon which
the subscriber believes a violation of the Uniform Code or this article
exists; or
(c)
Other reasonable and reliable information that such a violation
exists.
(6) Such inspection shall be performed by the Fire Marshal.
B. If
entrance to make an inspection is refused or cannot be obtained, the
Fire Marshal of the Village of Webster may apply for a warrant to
make an inspection to any court of competent jurisdiction.
C. Appearance
tickets. The Fire Marshal shall have the authority pursuant to Article
150 of the Criminal Procedure Law to issue an appearance ticket subscribed
by the Fire Marshal, directing a designated person to appear in a
designated local criminal court at a designated future time in connection
with the alleged commission of a designated violation of this code
or any order made thereunder.
[Amended 6-9-1994 by L.L. No. 2-1994]
The Fire Marshal of the Village of Webster shall keep official
records of all permits, inspection reports, recommendations, complaints,
violation orders, investigations and any other documents deemed necessary.
[Amended 10-11-1988 by L.L. No. 3-1988; 6-9-1994 by L.L. No. 2-1994]
A. The Webster Village Board is hereby designated as the hearing board
for appeals in connection with this chapter. This Board shall be responsible
for hearing and rendering decisions regarding appeals to this chapter.
B. Where a person seeks relief from a decision of the Fire Marshal enforcing
provisions of this chapter, including permits, waivers, alternate
materials, alternate methods, approvals or variances or matters of
local law interpretations, that person may request reconsideration
of the Fire Marshal's decision by appealing to the Webster Village
Board in writing within 15 days of the Fire Marshal's decision.
The appeal shall state the reasons why relief is sought and what decision
the person feels should be forthcoming. A copy of the appeal shall
be transmitted to the Office of the Fire Marshal. Upon giving not
less than five business days' notice to the persons interested,
a hearing shall be held. The Board may, after such hearing, by a majority
vote, affirm, annul or modify the action of the Fire Marshal. The
decision of the Board shall be in writing, and a copy shall be mailed
to the appellant within seven business days after the conclusion of
the hearing, and any decisions made shall be final. Further recourse
shall be through established legal procedures.
C. The provisions of this chapter shall be applied to this chapter only.
Any appeals seeking relief to the requirements and provisions of the
New York State Uniform Fire Prevention and Building Code shall be
transmitted to the appropriate Board of Review as described in 19
NYCRR 1205.
D. The procedure set forth herein for appeals shall not prohibit the
Fire Marshal from immediately removing a hazard or ordering the immediate
closing of a building or premises until a violation of this chapter
has been corrected when such hazard or existence of such violation
constitutes, in the sole discretion of the Fire Marshal, a distinct
hazard to life or public safety.
[Amended 10-11-1988 by L.L. No. 3-1988]
A. Fire Department and emergency service access.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1) Fire lanes in commercial and industrial districts shall be 30 feet
in width.
(2) Fire lanes in multiple residential districts shall be 25 feet in
width.
(3) Fire lanes in school areas shall be 20 feet in width.
(4) Fire lanes shall be clearly designated by approved markings on pavement
or sign or both.
(5) Signs shall be posted on both sides of a designated fire lane. The
top of the sign shall be six feet from the ground.
(a)
Signs in commercial areas shall be no more than 50 feet apart.
(b)
Signs in residential areas shall be placed at a distance to
be determined by the Fire Marshal.
(6) Signs shall read NO PARKING FIRE LANE and shall have arrows pointing
in the direction of the area designated to be the fire lane.
(7) All signs shall be stationary. Signs shall be 12 inches by 18 inches
in size, with a white background, red legend and three-inch letters.
(8) Pavement markings shall be no more than 50 feet apart and shall read
NO PARKING FIRE LANE.
(9) Pavement markings shall be painted on the pavement to read in the
direction of travel. If two-way traffic is maintained, every other
marking shall be painted in the opposite direction.
(10)
Pavement markings shall be painted on the pavement to the following
specifications:
(a)
All word markings shall be yellow in color.
(b)
All word markings shall read up, i.e., the first word shall
be nearest to the driver.
(c)
The elongated height of each letter shall be 26 inches.
(d)
The width of each letter shall be 18 inches. The letter "I"
is excluded from this requirement.
(e)
The stroke of each letter shall be five inches.
(11)
In addition, the operator of a motor vehicle shall not stop
that vehicle within a fire lane, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
the loading and unloading of merchandise or passengers.
(12)
The markings of fire lanes on private property devoted to public
use shall be approved by the Fire Marshal, the Chief of Police or
both.
(13)
The owner or occupant of the property shall be required to post
signs or pavement markings, or both, approved by the Fire Marshal,
Chief of Police or both and maintain them in good condition. Failure
to replace or repair damaged, faded, rusted or obsolete signs or faded
pavement markings within 30 days after written notice served by the
Fire Marshal or Chief of Police shall constitute a violation under
this chapter.
B. Heating systems and chimneys, flues and gas vents.
[Amended 6-9-1994 by L.L.
No. 2-1994]
(1) Wood-burning appliances.
(a)
Definition. A "wood-burning appliance" is any appliance intended
for burning wood, such as but not limited to freestanding fireplaces,
airtight stoves, fireplace inserts, etc., except a standard masonry
fireplace installed as a part of the original construction of a building.
(b)
Permits required.
[1]
A permit from the Fire Prevention Department is required prior
to the installation of a wood-burning appliance.
[2]
Application for permit to the Fire Marshal shall include location
of installation, type of installation and manufacturer, if available.
A permit shall be issued after approval of the application and the
fees are paid.
(c)
Fire Prevention Department inspection and approval is required
for any installation of a wood-burning appliance.
C. Fire-protection equipment and water supply.
[Amended 6-9-1994 by L.L.
No. 2-1994]
(1) Fire Department connections for standpipe and sprinkler systems are
to be maintained accessible at all times. No large shrubbery, fences
or barriers of any type shall be placed within 10 feet of connections.
This shall also apply to snow removal or plowing.
(2) The Fire Marshal shall approve hydrant locations, site of hydrants
and water mains in new subdivisions, apartment projects, commercial
and industrial areas and where new schools and churches are being
constructed. Such approvals shall be in line with the following procedures:
(a)
The Village Building Inspector or other appropriate officer
shall furnish the Fire Marshal with maps or plans showing street and
water main locations, together with other site information.
(b)
The Fire Marshal will be allowed five days for the review of
plans, location of hydrants and water mains. The Fire Marshal's
recommendations shall be plainly shown on the plans and signed by
the Fire Marshal. Two complete copies of the plans shall be returned
to the Fire Marshal upon final approval.
(3) Residential districts.
(a)
Hydrants shall not exceed a maximum of 500 feet apart on each
street in either direction and shall be located at intersections,
whenever possible.
(b)
Hydrants must be installed and flow tested before above-the-ground
construction is commenced. The flow test shall comply with the specifications
of the Insurance Services Office of New York to produce an A-rating.
(c)
Temporary exceptions may be made during construction by the
Fire Marshal.
(d)
No person shall place any object, including bushes, trees, flowers,
posts, fence, etc., within 10 feet of any hydrant, except in emergency
conditions with the approval of the Fire Marshal.
(4) Higher density areas; commercial and industrial districts.
(a)
Hydrants shall not exceed a maximum of 300 feet apart and be
so located that all buildings can be reached by comparatively short
hose lays from more than one hydrant.
(b)
Hydrants must be installed and flow tested before aboveground
construction is commenced. Flow tests shall comply with the specifications
of the Insurance Services Office to produce an A-rating.
(c)
Temporary exceptions may be made by the Fire Marshal.
(d)
No person shall place any object, including bushes, trees, flowers,
posts, fence, etc., within 10 feet of any hydrant, except in emergency
conditions with the approval of the Fire Marshal.
(5) Privately owned water mains and fire hydrants. Privately owned water
mains and fire hydrants on property devoted to public use, including
but not limited to multiple-dwelling complexes, churches, schools,
places of assembly and shopping centers, shall be regularly maintained
and annually serviced by the owner or person generally in charge of
the subject premises. Said maintenance and annual servicing shall
be conducted in accordance with generally accepted and nationally
recognized standards. The owner or person generally in charge of the
property and who is responsible for the above-mentioned maintenance
shall annually furnish to the Fire Marshal evidence acceptable to
the Fire Marshal that said maintenance and annual servicing has been
properly carried out.
(6) Sprinkler systems, standpipe systems, fire alarm systems and other
fire-protective or extinguishing systems or appliances which have
been installed in compliance with any permit or order or because of
any law or ordinance shall be maintained in operative conditions at
all times, and it shall be unlawful for any owner or occupant to reduce
the effectiveness of the protection so required, except that this
shall not prohibit the owner or occupant from temporarily reducing
or discontinuing the protection where necessary to make tests, repairs,
alterations or additions. The Fire Marshal shall be notified before
such tests, repairs, alterations or additions are started, unless
the work is to be continuous until completion.
D. Sprinkler, standpipe and other fire-protection systems.
[Added 6-9-1994 by L.L. No. 2-1994]
(1) The Fire Marshal shall be notified before any tests, repairs, alterations
or additions are made to any fire-protection system that will reduce
or impair the operation of the system while said work or testing is
being done.
(2) A copy of the testing report shall be kept on the premises so that
the same is available for examination.
E. Fire alarm systems. Fire alarm systems shall be approved by the Fire
Marshal prior to installation.
F. Storage and handling of motor vehicle fuel.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1) Portable containers for motor vehicle fuel shall be clearly marked
with the name of the product contained. This marking shall have been
applied to such container by the manufacturer of the same.
(2) Underground storage tanks containing gasoline, oil or other liquid
that generates a flammable vapor at normal temperature and having
a maximum individual capacity of up to 10,000 gallons may be installed.
The maximum aggregate capacity at any site shall not exceed 24,000
gallons' total capacity. The maximum aggregate capacity may be
increased upon written application to the Webster Village Board with
the use of double-wall tanks and electronic monitoring devices and
other provisions approved by the Fire Marshal.
(3) The Fire Marshal or the Fire Marshal's designated representative
is further authorized to order the owner or occupants of premises
having flammable liquids storage tanks located thereon to have such
tanks tested by methods prescribed by the Fire Marshal to determine
if such tanks are leaking, if the Fire Marshal has reasonable belief
that such tanks may contain a leak.
(4) Aboveground storage tanks of flammable liquids shall be prohibited.
(5) Underground storage tanks containing Class I liquids shall be prohibited
in residential districts.
(6) Installation or alteration permit. No installation, alteration or
replacement of underground or aboveground tanks, pumps, piping and
other equipment relating to the storage of flammable liquids shall
be commenced without first obtaining a permit therefor from the Fire
Marshal.
(7) Noncompliance with the requirements of this chapter shall be sufficient
cause for the suspension or revocation by the Fire Marshal of any
permit issued hereunder in this chapter.
(8) Leaking tanks, pumps or piping shall be repaired or replaced immediately,
and it shall be within the discretion of the Fire Marshal as to whether
the station or facility must cease any and/or all operations while
repairs or replacements are being made.
(9) There is to be no more than one gasoline tank truck delivering flammable
liquids on the premises of a gasoline service facility at any one
time. Before making any deliveries to underground tanks, the driver
or other authorized person shall set the brakes of the truck and shall
turn off the engine of the vehicle. Evertite or O.P.W. fill couplings
or equivalent must be used when unloading flammable liquids from a
tank truck to storage tank. The driver shall remain at the point of
delivery to prevent spillage and overflow. In case of spillage or
overflow, the appropriate Fire Department and the Fire Marshal shall
be notified immediately.
(10)
In the event of accidental spillage or leakage of a flammable
liquid in quantities of five United States gallons or greater, whether
or not it may enter sewers, the appropriate Fire Department and the
Fire Marshal shall be notified immediately.
(11)
A minimum of five fifty-pound bags of Stay Dry absorbent or
equivalent must be kept on the premises at all times for flammable
liquid spills and should be used for this purpose whenever possible,
instead of flushing with water.
(12)
All tanks containing flammable liquids must be tested weekly
for water infiltration, and records kept on the premises showing the
date, hour and results of such tests. When any test shows water present
in the flammable liquid, the Fire Marshal shall be immediately notified.
Such water may not be removed until after notification of the Fire
Marshal.
G. Dispensing of motor vehicle fuel.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1) Dispensing devices for Class I or Class II flammable liquids shall
be of the type approved by the Fire Marshal.
(2) Dispensing of Class I or Class II flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except as set forth in Subsection
G(3).
(3) Self-service stations.
(a)
"Self-service stations" shall mean that portion of property
where flammable and combustible liquids used as motor fuels are stored
and subsequently dispensed from fixed approved dispensing equipment
into the fuel tanks of motor vehicles by persons other than the service
station attendant and can include facilities available for the sale
of other retail products.
(b)
Approved dispensing devices, such as but not limited to coin-operated,
card-operated and remote-controlled types, are permitted at self-service
stations.
(c)
Emergency controls specified in the provisions of New York State
Uniform Fire Prevention and Building Code shall be installed at a
location acceptable to the Fire Marshal, but controls shall not be
more than 100 feet from the dispensers.
(d)
All pump islands shall be protected against physical damage
by the installation of pipe or post bumpers (eight inches minimum
diameter) in locations approved by the Fire Marshal.
(e)
Gasoline self-service stations shall provide automatic fire-extinguishing
systems installed in conformity with nationally recognized good practices
and approved by the Fire Marshal. Where a station has one self-service
island with dispensing units within 30 feet of a full-service island,
both shall have an automatic fire-extinguishing system installed and
approved by the Fire Marshal. All existing self-service operations
shall comply with this subsection by July 1, 1978.
H. Tents and air-supported structures.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1) Smoking shall be prohibited and adequate signs posted.
(2) Fire watchers shall be employed for crowds over 50 persons to enforce Subsection
H(1) above and to maintain clear exit aisles.
(3) Safety provisions shall be provided for as requested by the Fire
Marshal.
I. Hazardous chemicals.
(1) The transportation of hazardous chemicals and other dangerous articles
by motor vehicles shall comply with Department of Transportation regulations.
(2) Shipments whose origin and destination are outside the Village of
Webster are confined to the use of state highways.
(3) Shipments of an intratown nature (either originating in or destined
to a Webster location) shall follow a route to be designated by the
Fire Marshal.
J. Explosives, ammunition and blasting agents.
(1) Establishment of limits of districts in which storage of explosives
and blasting agents is to be prohibited are hereby established as
follows: boundaries of the Village of Webster.
(2) Establishment of motor vehicle routes for vehicles transporting explosives
and blasting agents.
(a)
Shipments whose origin and destination are outside the Village
of Webster are confined to the use of state highways.
(b)
Shipments of intratown nature (either originating in or destined
to a Webster location) shall follow a route designated by the Fire
Marshal.
K. Manufacture, sale and discharge of fireworks.
[Amended 6-9-1994 by L.L.
No. 2-1994]
(1) The manufacture or storage of fireworks is prohibited within the
Village of Webster.
(2) It shall be unlawful to explode any fireworks within the Village
of Webster without a permit.
(3) The Fire Marshal may grant a permit for supervised public display
of fireworks by municipalities, fair associations, amusement parks
or other organizations or groups of individuals after:
(a)
Proper application, in writing, at least 30 days in advance
of the date of the display.
(b)
The applicant shall furnish proper proof of financial responsibility
for damage.
L. Street numbering of buildings.
[Added 6-9-1994 by L.L. No. 2-1994]
(1) All occupancies within the Village of Webster shall be provided with
street numbers to assist emergency personnel in locating the same.
This shall apply but not be limited to all residential, commercial,
industrial and private structures. Said numbers shall be assigned
by the Village Board or its designee.
(2) Numbers shall be four inches in height with a minimum stroke width
of 0.5 inches, Arabic style (lettering shall not be accepted) and
shall be mounted in a secure fashion to the structure's front
wall or to a porch or other fixed appurtenance in front of the structure
in the vicinity of the main entryway or main path of travel leading
to the main entrance from a public street or otherwise separately
mounted in an approved manner upon the face of a wall or upon a post
in the front yard of the premises.
(3) All street numbers shall be mounted at a height between four feet
and 10 feet above the adjacent grade, street or exterior porch landing
directly beneath, but never higher than 15 feet above the adjoining
grade. They shall be legible as to contrasting background, arrangement,
spacing, size and uniformity of the whole so that the numbers may
be read with ease during daylight hours by persons possessing at least
20/40 vision as they view the numbers from the center line of the
facing street and at an elevation of five feet above the finished
surface thereof. Trees, shrubs or other obstructions shall not block
said street numbers.
(4) All existing structures shall comply with the requirements of this
subsection by November 1, 1994.
M. Open burning. Open burning shall be in accordance with the provisions
of the Monroe County Sanitary Code, Article V. All controlled burnings
must first be checked by the Fire Marshal for compliance and properly
set up with notification to the respective Fire Chiefs and Departments,
the Village Clerk, the Webster Police Department and the Monroe County
Fire Dispatcher's office.
[Added 6-9-1994 by L.L. No. 2-1994]
N. Key boxes. 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 Fire Marshal
is authorized to require a locking key box to be installed in an accessible
location. The key box shall be a type approved by the Fire Marshal
and shall contain keys to gain necessary access as required by the
Fire Marshal and local Fire Department.
[Added 6-9-1994 by L.L. No. 2-1994]