[HISTORY: Adopted by the Town Board of the Town of Monroe 3-3-1975
by Local Law No. 2, 1975. Amendments noted where applicable.]
There is hereby adopted for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion that certain
code known as the "Fire Prevention Code," as revised to the effective date
of this chapter, recommended by the American Insurance Association, being
particularly the 1970 Edition thereof and the whole thereof, a copy of which
has been filed in the office of the Town Clerk. The same is hereby adopted
and incorporated as fully as if set out at length herein, and from the date
on which this chapter shall take effect, the provisions thereof shall be controlling
within the limits of the Town of Monroe exclusive of the areas of said town
that are incorporated within the Villages of Monroe and Harriman.
As used in this chapter and the code adopted hereby, the following terms
shall have the meanings indicated:
The Fire Marshal.
The Attorney for the Town Board or Town Attorney.
The area within the Town of Monroe, exclusive of the incorporated
villages within the town.
[Amended 3-7-1977 by L.L. No. 1,
1977]
A.
There is hereby established a Bureau of Fire Prevention
for the Town of Monroe. Said Bureau shall be composed of two members each
from those volunteer fire companies affording primary fire protection within
the town to the Town of Monroe fire prevention district. Membership shall
be by appointment of the Town Board of the Town of Monroe. Each member shall
serve for a term of three years, except that initial terms of the members
shall be staggered in terms of three years or less to prevent as best possible
any three or more terms from expiring on the same date. The Town Board shall
have the power to remove any member from such Bureau on good cause shown after
giving any such member an opportunity to appear and defend against any charges
brought against him. The Bureau shall select from its membership a Chairman
to serve in accordance with the rules and regulations of said Bureau adopted
by it.
B.
If a member shall fail to attend any three consecutive
regularly scheduled meetings of the Bureau of Fire Prevention, without being
excused by its Chairman, he shall be deemed to have resigned from the Bureau
of Fire Prevention, and the Town Board, upon notification of such fact by
the Chairman, shall appoint a new member to fill the unexpired term of said
member.
[Added 6-18-1979 by L.L. No. 6,
1979]
It shall be the duty of the Bureau of Fire Prevention to:
A.
Assist in the administration of this code through the
office of the Fire Marshal and to compile and suggest to the Town Board proposed
revisions of the same.
B.
Compile and report to the Fire Marshal violations of
the Fire Code.
C.
Hear and determine appeals from any decision of the Fire
Marshal as provided for herein.
D.
Report to the Town Board, at least quarterly, as to its
activities and that of the Fire Marshal.
E.
Supervise the duties and activities of the Fire Marshal.
F.
Fix and establish, with the consent of the Town Board,
and alter, if necessary, the limit of districts in which outside aboveground
storage of flammable liquids is prohibited, the limits in which bulk storage
of liquefied petroleum gases is to be restricted, the routes for vehicles
transporting explosives and blasting agents and the routes for motor vehicles
transporting hazardous chemicals or other dangerous articles.
[Amended 3-7-1977 by L.L. No. 1,
1977]
A.
There is hereby created the office of Fire Marshal of
the Town of Monroe. The Town Board shall appoint a Fire Marshal who shall
not be a member of the Bureau of Fire Prevention to serve at the pleasure
of the Town Board. The Fire Marshal shall be primarily responsible for the
administration and enforcement of the Fire Code. The Fire Marshal may be compensated
for his services if the Town Board shall so decide, and any such cost in such
expense shall be a charge against the lands within the town exclusive of any
lands within the incorporated villages. A Fire Marshal shall not be removed
for cause from his office except for good cause shown after affording to him
an opportunity to appear before the Town Board and defend against any charges
brought against him.
B.
The Fire Marshal is hereby authorized to issue permits
required by the Fire Code as well as warnings, notices of violation and orders
with regard to violations of the Fire Code and to execute criminal summonses,
informations or complaints pursuant to the applicable provisions of the laws
of the State of New York to secure enforcement of the Fire Code.
[Added 3-7-1977 by L.L. No. 1,
1977[1]]
A.
The Fire Marshal shall be the Chief Fire Inspector for
the purposes of inspecting any structure or condition within the Town of Monroe
to determine if there is a violation of the provisions of the Fire Code. In
the performance of such duty, he or any of his Deputies shall have the right
to enter and inspect at any time any building, structure or premises.
B.
The Fire Marshal, with the consent of a majority of the
Bureau of Fire Prevention, shall appoint three Deputy Fire Inspectors. The
Deputy Fire Inspectors shall be selected as follows: one from each volunteer
fire company affording primary protection within the Town of Monroe fire prevention
district. The Deputy Fire Inspector shall have the same powers as the Fire
Marshal to make inspections and to issue warnings, notices of violations and
orders with regard to violations of the Fire Code. A Deputy Fire Inspector
shall serve at the pleasure of the Fire Marshal but shall not be removed for
cause from his office except for good cause shown after affording him an opportunity
to appear before the Bureau of Fire Prevention and to defend against any charge
brought against him.
[Amended 6-18-1979 by L.L. No. 6,
1979]
C.
Any Deputy Fire Inspector who is at the same time a member
of the Bureau of Fire Prevention who may have investigated the subject matter
of any hearing or proceeding before the Bureau of Fire Prevention on appeal
or otherwise shall not participate in any decision-making process of the Bureau
of Fire Prevention with regard to such subject matter, but he may offer testimony
to the Bureau of Fire Prevention regarding such subject matter.
[Added 6-18-1979 by L.L. No. 6,
1979]
[Added 3-7-1977 by L.L. No. 1,
1977]
The Fire Marshal, Deputy Fire Inspectors, members of the Bureau of Fire
Prevention or any employee thereof shall not, while acting pursuant to the
provisions of this chapter, be personally liable for any damage that may accrue
to persons or property as the result of any act required or permitted in the
discharge of their official duties, provided that such acts are performed
in good faith and without gross negligence.
[Added 3-7-1977 by L.L. No. 1,
1977]
A.
The provisions of Article 12 of the Fire Code relating to explosives, ammunition and blasting agents are hereby deemed to be inapplicable. The provisions of Chapter 22 of the Code of the Town of Monroe are hereby deemed controlling relative to the subject of blasting and blasting agents and are hereby deemed to be part of the Fire Code for purposes of enforcement by the Fire Marshal or any Deputy Fire Inspector, and the duty of such enforcement is hereby conferred upon the Fire Marshal and the Deputy Fire Inspectors.
B.
The provisions of Article 13 of the Fire Code relating
to fireworks are hereby deemed to be inapplicable. The provisions of Article
405 of the Penal Law are hereby deemed controlling as they relate to the public
display of fireworks, and the Fire Marshal is hereby designated as the officer
with the authority to issue or deny permits required by Article 405 of the
Penal Law. All other provisions of Article 13 of the Fire Code, including
the prohibition against the manufacture of fireworks, are deemed inapplicable
and shall have no force and effect.
[Added 3-6-1978 by L.L. No. 1,
1978[1]]
A.
The provisions of Subdivision b of Section 14.4 of the
Fire Code with relation to the installation of automatic sprinkler systems
are amended to read as follows:
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b.
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Installation in Certain Buildings.
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(1) Approved automatic sprinkler systems, carbon dioxide
or other approved inert gas systems shall be installed in all areas exceeding
1,500 square feet, when the building is used for the manufacture, sale or
storage of combustible goods or merchandise (not including garages) or has
a bowling lane or restaurant occupancy.
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(2) In buildings used for assembly, educational, institutional
and residential occupancies, approved automatic sprinkler systems, carbon
dioxide or other approved inert gas systems shall be installed in portions
of the building used for workshop or storage spaces when the total of such
spaces exceeds 1,500 square feet. Where the total of these spaces exceeds
5,000 square feet, the entire area shall be sprinklered.
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B.
The provisions of Section 27.6 of the Fire Code with
relation to exit doors are amended to read as follows:
[Added 8-21-1978 by L.L. No. 8,
1978]
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Section 27.6. Exit Doors.
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During the period of occupancy, no exit door shall be locked, bolted
or otherwise fastened or obstructed by any means, so that the door cannot
be opened from the inside by the use of pressure on a panic release device.
All such doors shall be equipped with a panic release device approved by the
Fire Prevention Bureau.
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[Amended 3-7-1977 by L.L. No. 1,
1977]
The provisions of the Fire Code relating to the limitation upon the
storage of flammable liquids in outside aboveground tanks and the bulk storage
of liquid petroleum gases, the provisions of the Fire Code relating to established
routes for motor vehicle transportation of hazardous chemicals and the provisions
of the Fire Code relating to the designation of fire lanes on private property
devoted to public use shall not apply until the Bureau of Fire Prevention
shall have fixed said limits, transportation routes and fire lanes with the
consent of the Town Board after a public hearing held by the Town Board and
shall have filed the same, in writing, with the Town Clerk. Any amendment
to such limit, transportation route or fire lane shall not be effective unless
similarly adopted, approved and filed.
The Fire Marshal shall have the power to modify any of the provisions
of the Fire Prevention Code upon application, in writing, by the owner or
lessee, or his duly authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of the code, provided that the
spirit of the code shall be preserved, public safety secured and substantial
justice done. The particulars of such modification when granted or allowed
and the decision of the Fire Marshal thereon shall be entered upon the records
of his office, and a signed copy shall be furnished to the applicant.
Whenever the Fire Marshal shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions of
the code do not apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Fire Marshal to the Bureau of Fire Prevention within 30 days
from the date of the decision appealed. With regard to any such appeal, the
Bureau of Fire Prevention shall determine the same within 60 days after submission
of the appeal to it. Any such determination shall be in writing and filed
with the records of the Bureau of Fire Prevention.
A.
Any person who shall violate any of the provisions of
the code hereby adopted or who shall fail to comply therewith or who shall
violate or fail to comply with any order made thereunder or who shall build
in violation of any detailed statement of specifications or plans submitted
and approved thereunder or any certificate or permit issued thereunder and
from which no appeal has been taken or who shall fail to comply with such
an order as affirmed or modified by the Bureau of Fire Prevention or by a
court of competent jurisdiction, within the time fixed herein, shall, severally,
for each and every such violation and noncompliance respectively, be guilty
of a misdemeanor punishable by a fine of not less than $50 nor more than $250
or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse the violation
nor permit it to continue, and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and when not
otherwise specified, each 10 days that prohibited conditions are maintained
shall constitute a separate offense.
B.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
