[HISTORY: Adopted by the Village Board of the Village of
Webster 6-14-1982 by L.L. No. 5-1982. Amendments noted where applicable.]
A.
This
chapter shall provide the basic method for administration and enforcement
of the New York State Uniform Fire Prevention and Building Code.
[Amended 10-11-1988 by L.L. No. 3-1988]
B.
The
provisions of this code shall apply equally to new and existing conditions,
except that existing conditions not in strict compliance with the
terms of this code shall be permitted to continue where the exceptions
do not constitute a distinct hazard to life or property in the opinion
of the Fire Marshal or Deputy Fire Marshals.
C.
Whenever
the Fire Marshal or duly authorized assistant deems that a violation,
condition or situation as set forth in this code constitutes a distinct
hazard to life or public safety, said officer may remove the hazard
and/or order the building or premises immediately closed to the public
until said violation, condition or situation is corrected at the owner's
expense.
A.
There
is hereby designated the Fire Marshal to administer and enforce the
New York State Uniform Fire Prevention and Building Code and this
chapter as it relates to fire prevention, control and investigation
within the Village of Webster.
[Amended 10-11-1988 by L.L. No. 3-1988; 6-9-1994 by L.L. No. 2-1994]
B.
The
Fire Marshal in charge of the Office of the Fire Marshal as well as
the Deputy Fire Marshal shall report to the Superintendent of Public
Works. The Fire Marshal shall be appointed from the appropriate civil
service list upon the joint recommendation of the Superintendent of
Public Works and the Webster Area Fire Council members.
[Amended 6-9-1994 by L.L. No. 2-1994[1]]
C.
The
Chiefs of various Fire Departments may detail such members of their
Fire Departments as inspectors as shall from time to time be necessary
in the opinion of the Fire Marshal and upon the Fire Marshal's
request therefor.
D.
The
Office of the Fire Marshal shall investigate the cause, origin and
circumstances of every fire occurring in the municipality which is
of suspicious nature or which involves the loss of life or injury
to persons or by which property has been destroyed or substantially
damaged. Such investigation shall commence immediately following extinguishment
of such fire with the approval of the fire officer in charge, and,
if it appears that such fire is of suspicious origin, the Chief of
the Fire Department shall be immediately notified of the facts. The
Office of the Fire Marshal shall preserve immediately any physical
evidence, shall notify the proper authorities designated by law to
pursue the investigation of such matters and shall further cooperate
with the authorities in the collection of evidence and in the prosecution
of the case. The foregoing shall be without prejudice to the right
of the Fire Officer in charge to notify the proper authorities directly
and to turn over the evidence gathered at the scene of the fire to
such authorities.
E.
Every
structure fire shall be reported to the Office of the Fire Marshal
after the occurrence of the same as soon as practicable by the Fire
Officer in charge. Furthermore, the Office of the Fire Marshal shall
be notified upon the occurrence of a working fire as soon as possible.[2]
[2]
Editor's Note: Original Subsection F, regarding modification of the Fire Prevention Code, and Subsection G, regarding modification of the New York State Uniform Fire Prevention and Building Code for large integrated industrial areas, as amended 10-11-1988 by L.L. No. 3-1988, which subsections immediately followed this subsection, were repealed 6-9-1994 by L.L. No. 2-1994.
F.
A
report of the Office of Fire Marshal shall be made monthly and annually
and transmitted to the Village Board, Town Board, Fire Commissioner
and Chiefs of each district of the town; it shall contain all proceedings
under this code, with such statistics as the Fire Marshal may wish
to include therein. The Fire Marshal shall also recommend amendments
to the code which, in the Fire Marshal's judgment, shall be desirable.
Itemized reports of complaints shall be kept separate, Village from
Town.
G.
In
addition to the foregoing duties, the Fire Marshal shall perform such
other duties as may be assigned by the Village Board of the Village
of Webster from time to time.
H.
The
workweek shall be 40 hours. Scheduling of said hours shall be at the
discretion of the Fire Marshal.
A.
The
Webster Village Board may adopt rules and regulations for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code. Such rules and regulations shall not conflict with
the New York State Uniform Fire Prevention and Building Code, this
chapter or any other provision of law.
[Amended 10-11-1988 by L.L. No. 3-1988]
B.
The
Village Clerk of the Village of Webster shall publish all rules and
regulations at least 30 days prior to the effective date thereof in
a newspaper of general circulation within the Village of Webster.
A.
Upon
the payment of a fee as prescribed in the schedule of fees adopted
by the Webster Village Board by resolution from time to time,[1] permits shall be issued by and bear the name and signature
of the Fire Marshal of the Village of Webster and shall specify:
(1)
The activity or operation for which the permit is issued.
(2)
The address or location where the activity or operation is to be
conducted.
(3)
The name and address of the permittee.
(4)
The permit number and date of issuance.
(5)
The period of permit validity.
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
B.
Permits
shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
C.
Permits
shall continue until revoked or for a period of time designated at
the time of issuance. An extension of the permit time period may be
granted, provided that a satisfactory reason can be shown for failure
to start or complete the work or activity authorized within the required
time period.
D.
Permits
shall be obtained for the following:
(1)
Acetylene generators: to operate an acetylene generator, carbide
capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: to operate an automobile tire
rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile wrecking yard.
(4)
Bowling establishments: for bowling pin refinishing and bowling lane
resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: to store, keep or have on
hand more than 25 pounds of cellulose nitrate motion-picture film.
(6)
Cellulose nitrate plastics (pyroxylin):
(a)
To store, keep or have on hand more than 25 pounds of cellulose nitrate
plastics (pyroxylin) motion-picture film.
[Amended 10-11-1988 by L.L. No. 3-1988]
(b)
To manufacture articles of cellulose nitrate plastics (pyroxylin),
which shall include the use of cellulose nitrate plastics (pyroxylin)
in the manufacture or assembling of other articles.
(7)
Combustible fibers: to store, handle or use combustible fibers in
quantities in excess of 100 cubic feet, except agricultural products
on a farm.
(8)
Combustible materials: to store combustible materials, including
but not limited to empty combustible packing cases, boxes, barrels
or similar containers, rubber tires, baled cotton, rubber, cork or
other similar materials in excess of 2,500 cubic feet gross volume,
on any premises.
(11)
Dry-cleaning plants: to use in excess of four gallons of solvents
or cleaning agents classified as flammable or combustible.
(12)
Dust-producing plants: to operate any grain elevator, flour, starch
or feed mill, woodworking plant or plant pulverizing aluminum, coal,
cocoa, plastics, magnesium, spices, sugar, sulfur or other materials
producing explosive-potential dust.
(14)
Fireworks: for the public or private display of fireworks. See also § 46-11K.
[Added 6-9-1994 by L.L. No. 2-1994]
(15)
Flammable and combustible liquids:
[Amended 6-9-1994 by L.L. No. 2-1994]
(a)
To store, handle or use flammable liquids in excess of 6 1/2
gallons inside any building or other occupancy or in excess of 60
gallons outside of any building.
(16)
Flammable finishing: for spraying, coating or dipping operations
utilizing flammable or combustible liquids.
(17)
Fruit-ripening process: to conduct a fruit-ripening process using
ethylene gas.
(18)
Fumigation and thermal insecticidal fogging: to conduct fumigation
or thermal insecticidal fogging operations.
(19)
Hazardous chemicals.
(a)
To store, handle or use more than 55 gallons of corrosive liquids
or more than 50 pounds of oxidizing materials or more than 10 pounds
of organic peroxides or more than 50 pounds of nitromethane or 1,000
pounds or more of ammonium nitrate, ammonium nitrate fertilizers and
fertilizer mixtures containing 60% or more ammonium or any amount
of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive, water-reactive
or unstable materials.
(20)
Junkyards: to operate a junkyard.
(21)
Liquefied petroleum gas: for each installation of liquefied petroleum
gas employing a container or an aggregate or interconnected containers
of 500 gallons or more of water capacity and for each permanent installation,
irrespective of size of containers, made at buildings in which 20
or more persons congregate for civic, political, educational, religious,
social or recreational purposes. Installers shall maintain a record
of all installations and replacement of portable cylinders and have
it available for inspection.
(22)
Lumberyards: to operate a lumberyard.
(23)
Magnesium: for melting, casting, heat-treating, machining or grinding
of more than 10 pounds of magnesium per working day.
(25)
Organic coatings: to perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
E.
Consolidated
permits. When more than one permit is required for the same property
or premises, a single permit may be issued listing all materials or
operations covered. Revocation of a portion or portions of such consolidated
permit for specific hazardous materials or operations shall not invalidate
the remainder.
F.
Location
of permits. Permits issued by the Fire Marshal shall be kept posted
in a conspicuous place on the property or premises covered by the
permit for as long a period of time as the permitted activity continues.
[Amended 6-9-1994 by L.L. No. 2-1994]
G.
Revocation
of permits. Permits may be suspended or revoked when it is determined
that there is a violation of a condition under which the permit was
issued or there has been misrepresentation or falsification of material
facts in connection with the permit application or a condition of
the permit.
H.
Permit
fees; validity of permits; renewal.
(1)
Except as to bulk storage permit fees and flammable liquid transport
vehicle permit fees as set from time to time by the Village Board,
whenever the code provides or requires the issuance of a permit, application
therefor shall be made to the Fire Marshal of the Village of Webster.
Upon the filing of the application, a fee in the amount per the fee
schedule shall be paid to the Village Clerk of the Village of Webster.
[Amended 6-9-1994 by L.L. No. 2-1994]
(2)
All such permits as herein required shall be valid for a period of
one year and shall be renewed yearly upon application therefor and
the payment of the permit fee as herein required.
[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.
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:
(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.
A.
A
person owning, operating, occupying or maintaining property or premises
within the scope of the New York State Uniform Fire Prevention and
Building Code or this chapter shall comply with all the provisions
of the New York State Uniform Fire Prevention and Building Code, this
chapter and all orders, notices, rules, regulations or determinations
issued in connection therewith.
[Amended 10-11-1988 by L.L. No. 3-1988]
B.
Whenever
the Fire Marshal of the Village of Webster finds that there has been
a violation of the New York State Uniform Fire Prevention and Building
Code, this chapter or any rule or regulation adopted pursuant to this
chapter, a violation order shall be issued to the person or persons
responsible.
[Amended 10-11-1988 by L.L. No. 3-1988]
C.
Violation
orders shall be in writing, shall identify the property or premises,
shall specify the violation and remedial action to be taken, shall
provide a reasonable time limit for compliance and shall state the
time within which an appeal may be taken.
D.
Violation
orders may be served by personal service, by mailing by registered
or certified mail, by posting a copy thereof in a conspicuous place
on the premises and by mailing a copy thereof to the premises on the
same day as posted, enclosed in a postpaid wrapper addressed to the
person responsible.
E.
In case the owner, lessor, occupant or the agent of any of them shall
fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order, an appearance ticket
will be issued by the Fire Marshal.
A.
Unless otherwise provided in § 382 of the Executive Law,
failure to comply with any provision of the New York State Uniform
Fire Prevention and Building Code, this chapter or a violation order
shall be deemed a violation, and the violator shall be liable for
a fine of not more than $250 or imprisonment not to exceed 15 days,
or both, and each day such violation continues shall constitute a
separate violation.
[Amended 10-11-1988 by L.L. No. 3-1988; 6-9-1994 by L.L. No. 2-1994]
B.
An action or proceeding in the name of the Village of Webster may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the
New York State Uniform Fire Prevention and Building Code, this chapter
or any rule or regulation adopted pursuant to this chapter or a violation
order or to vacate the occupancy or building in the case of imminent
danger to life or property. Such remedy shall be in addition to penalties
otherwise prescribed by law.
[Amended 10-11-1988 by L.L. No. 3-1988]
C.
In addition to the foregoing penalties, any vehicle or other obstruction
found parked in a fire lane will be ticketed for a no-parking violation,
removed or towed away and stored by or at the direction of any peace
or law enforcement officer, Fire Marshal or Deputy Fire Marshal. Any
such removal, towing or storage as herein provided may be performed
by a private towing contractor, and any and all expenses related thereto
shall be at the full responsibility of the owner or person entitled
to possession of said vehicle or obstructing article.
[Amended 6-9-1994 by L.L. No. 2-1994]
D.
In addition, no person shall stop, stand or park a vehicle within
15 feet of a fire hydrant except when such vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move such vehicle in case of emergency, unless
a different distance is indicated by official signs, markings or parking
meters.
[Amended 6-9-1994 by L.L. No. 2-1994]
[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.[1]
[1]
Editor's Note: Original § 15-11, Removal of
dangerous buildings, which immediately followed this section, was
repealed 6-9-1994 by L.L. No. 2-1994.
[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.[1]
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]]
(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.
(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[2]]
(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-protection equipment and water supply.
[Amended 6-9-1994 by L.L.
No. 2-1994[4]]
(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.[5]
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.[6]
F.
Storage and handling of motor vehicle fuel.
[Amended 6-9-1994 by L.L. No. 2-1994[7]]
(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[8]]
(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[9]]
I.
Hazardous chemicals.[10]
(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.[11]
K.
Manufacture, sale and discharge of fireworks.
[Amended 6-9-1994 by L.L.
No. 2-1994[12]]
(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:
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.[13]
(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[14]]
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]
