A Bureau of Fire Prevention in the Fire Department of the City
is hereby established, which shall be operated under the supervision
of the Fire Commissioner, who shall be the head of said Bureau. The
Chief of the Fire Department and all other members thereof who may
be assigned to duty in said Bureau shall be officers thereof empowered
to enforce this article.
[Amended 6-10-1981, approved 6-11-1981]
A.
The Chief of the Fire Department, with the approval of the Commissioner,
shall designate such officers on duty and members of the Fire Department
as he deems necessary to perform as Fire Inspectors. Fire Inspectors
shall hold this office at the pleasure of the Chief of the Fire Department.
B.
The Chief of the Fire Department, with like approval, may also designate
such number of Assistant Fire Inspectors from the uniformed force
as shall from time to time be deemed necessary.
[Amended 12-9-1987, approved 12-10-1987]
A.
It shall be the duty of the officers of the Bureau of Fire Prevention
to enforce all laws and ordinances of the state, county and City covering
the following:
(1)
Prevention of fires.
(2)
Storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and other fire alarm
systems and fire extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exits in case of fire from factories, schools,
hotels, lodging houses, asylums, hospitals, churches, halls, theaters,
amphitheaters and all other places in which numbers of persons work,
live or congregate from time to time for any purpose.
(6)
The investigation of the cause, origin and circumstances of fires.
B.
It shall be the duty of the officers of the Bureau of Fire Prevention
to administer and issue all permits and licenses required by this
chapter.
(1)
Wherever the words "Commissioner of Bureau of Fire Prevention" appear
in this chapter regarding such licenses or permits, it shall mean
the Fire Commissioner or his designees in the Bureau of Fire Prevention.
(2)
When more than one permit is required to be issued for the same facility
or premises pursuant to this chapter, a single consolidated permit
may be issued listing all materials or operations covered. Revocation
of a portion or portions of such consolidated permit shall not invalidate
the remainder of such consolidated permit.
It shall be the duty of the Chief of the Fire Department to
investigate and to recommend to the Fire Commissioner such additional
ordinances or amendments to existing ordinances as he may deem necessary
for safeguarding life and property against fires.
The Chief of the Fire Department shall prepare instructions
for the Fire Inspector and his Assistants and forms for their use
in the reports required by the General Ordinances.[1]
A.
The Bureau of Fire Prevention, through its officers, shall investigate
the cause, origin and circumstances of every fire occurring in the
City in which persons have been injured or in which property has been
destroyed or damaged and, so far as possible, shall determine if the
fire is the result of either carelessness or design. Such investigation
shall be begun immediately upon the discovery of such a fire by the
Assistant in whose district the fire occurs, and if it appears to
the officer making such investigation that such fire is of suspicious
origin, the Chief of the Fire Department shall be immediately notified
of the fact. He shall take charge immediately of the 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.
B.
Every fire shall be reported in writing to the Bureau of Fire Prevention
within two days after the occurrence of the same, by the officer in
whose jurisdiction such fire has occurred. Such report shall be in
such form as shall be prescribed by the Chief of the Fire Department
and shall contain a statement of all facts relating to the cause,
origin and circumstances of such fire, the extent of the damage caused
thereby and the insurance data relating to such property, and such
other information as may be required.
The Bureau of Fire Prevention shall keep an accurate record
of all its receipts and turn over to the Comptroller of the City on
the last day of every month such sum or sums as may have been received
by it during such month, taking therefor the receipt of said Comptroller,
which receipt shall become a part of the records of the Bureau.
[Amended 6-14-1961, approved 6-15-1961; 6-24-1964, approved 6-25-1964; 6-10-1981, approved 6-11-1981; 2-27-2008, approved 2-28-2008]
A.
It shall be the duty of the Chief of the Fire Department to cause
the Inspectors to inspect as often as feasible all structures and
the contents thereof containing hazardous manufacturing processes,
storage or installation of acetylene or other gases, chemicals, oils,
explosives and flammable materials; all interior fire alarms and automatic
sprinkler systems; and such other structures and places as may be
necessary for the enforcement of the laws and ordinances relating
to fire prevention and the safeguarding of life and property against
fires.
B.
It shall be the duty of the Chief of the Fire Department to inspect
or cause to be inspected by the officers of the Bureau of Fire Prevention
or by such uniformed officers or members of the Fire Department as
may be assigned to such duty by the Chief, as often as feasible, all
buildings, premises and public thoroughfares, for the purpose of ascertaining
and causing to be corrected any conditions likely to cause fire or
any violations of the provisions of any ordinances of the City affecting
the fire hazard.
C.
Vacation of premises.
(1)
Whenever an inspection of a building or occupancy reveals dangerous
fire-breeding occupancy conditions or inadequate or illegal means
of egress or other multiple fire or life hazards which have been determined
by the Fire Chief as creating an imminent danger, then said building
or occupancy, upon order of the Fire Commissioner, shall be vacated
by the owners and/or occupants thereof. Such order may apply to an
entire building or to one or more occupants therein.
(2)
The above-mentioned premises shall be maintained vacated until such
time as there has been substantial correction of the hazardous, dangerous
conditions to the satisfaction of the Fire Chief.
(3)
Vacate orders shall be served in the manner prescribed herein, except
that an appearance ticket may be served immediately where there is
a failure to comply with such vacate order. Where a vacate order is
directed to an occupant or to the owner of such premises who is not
an occupant thereof but is a resident of the City of Mount Vernon,
service thereof may be made either by delivering to and leaving personally
with such occupant or owner and, if either is a corporation, by delivering
to and leaving personally with an officer thereof upon whom a summons
issued out of the Supreme Court in an action against the corporation
might be served a copy of such order, or by delivering the same to
and leaving it with any person of suitable age and discretion in charge
of the premises, or, in case no such person is found upon the premises,
by affixing a copy thereof in a conspicuous place on the door to the
entrance of said premises, and, in either case, where the order is
directed to the occupant, by depositing another copy thereof in a
post office or post office box, properly enclosed in a postpaid wrapper
addressed to such occupant at the premises affected thereby, and,
in either case, where the order is directed to a resident owner who
is not an occupant, by depositing another copy thereof in a post office
or post office box, properly enclosed in a postpaid wrapper addressed
to such owner at such owner's last known address; and where such
order is directed to a nonresident owner, service thereof may be made
by leaving a copy thereof with a person of suitable age and discretion
who is in charge of the premises, or, in case no such person in charge
of such premises is found upon the premises, by affixing a copy of
such order in a conspicuous place upon the front door of the structure
affected thereby, and, in either case, by depositing another copy
thereof in a post office or post office box, properly enclosed in
a postpaid wrapper addressed to such owner at such owner's last
known address.
(4)
Where one or more occupancies in addition to the owner of the building
are involved in the evacuation, each such occupancy, as well as the
building owner, shall receive a vacate order.
(5)
In the event that the occupants fail or refuse to vacate the premises
within the stipulated time after receipt of the vacate order, a summons
shall be served upon the responsible person for violation of this
section.
(6)
A limited number of employees may be permitted to enter the structure
to maintain sufficient heat in the building and for clearing the Fire
Department violations.
(7)
Warning signs shall, upon the issuance of all vacate orders, be securely
attached to the entrance of each building or occupancy.
(8)
All agencies concerned shall be notified, including the Departments
of Buildings, Health, Social Services and Police, and necessary cooperation
requested from such agencies.
(9)
Owners of buildings or occupancies vacated shall be instructed to
notify the Fire Chief, in writing, when conditions have been corrected,
requesting an inspection for the purpose of reoccupying the building
or occupancy. The Fire Prevention Bureau, upon receipt of such notification,
shall make a reinspection of the building or occupancy and authorize
the reoccupancy or reject the appeal.
D.
All fire stairway doors shall be maintained in a freely operating,
self-closing condition at all times. Signs conforming to the following
specifications shall be mounted on all such doors at least five feet
above the sill. They shall be of eighteen-gauge metal, measuring no
less than three inches in height and five inches in length. The signs
shall have a red background, four mounting holes, with readily legible
sized white lettering in baked enamel finish, containing the following
legend and with the words FIRE, STAIRWAY and CLOSED thereon in capital
letters:
|
FIRE STAIRWAY
| ||
|---|---|---|
|
This door must be kept CLOSED at all times for your protection.
|
By Order of the Fire Department
|
[Amended 5-13-1981 by L.L. No. 5-1981, approved 5-27-1981; 12-22-1982 by L.L. No.
1-1983, approved 1-10-1983]
A.
All officers and firefighters of the Mount Vernon Fire Department
are authorized to issue appearance tickets returnable in the City
Court of Mount Vernon whenever any officer or firefighter shall find
in any building or upon any premises or other place combustible or
explosive matter or dangerous accumulations of rubbish or unnecessary
accumulations of wastepaper, boxes, shavings or any highly flammable
materials likely to cause fire and which are so situated as to endanger
property, or shall find obstructions to or on fire escapes, stairs,
passageways, doors or windows likely to interfere with the operation
of the Fire Department or with the egress of occupants in case of
fire, or shall find accumulations of dust or waste material in air-conditioning
systems or grease in kitchen exhaust ducts, or any building or other
structure which, for want of repairs, lack of sufficient fire escapes
or other exit facilities, automatic or other fire alarm apparatus
or fire extinguishing equipment, or by reason of age or dilapidated
condition, or from any other cause, creates a fire hazard.
B.
Notwithstanding any provision of this chapter to the contrary, the
aforesaid officers and firefighters are hereby authorized to issue
appearance tickets returnable in the City Court of Mount Vernon for
the prosecution of:
[Amended 9-8-1993 by L.L. No. 5-1993, approved 9-23-1993]
(1)
All violations of this chapter.
(2)
All violations of the New York State Uniform Fire Prevention and
Building Code.
(3)
Violations of Section 596 of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York.
(4)
Violations of Sections 612, 613 and 614 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
(5)
Violations of Title 2, Article 8, of the New York State Multiple
Residence Law.
(6)
Violations of § 204 of the New York State Labor Law.
C.
An appearance ticket shall be served personally. In the event that
the defendant is a corporation, the officer or firefighter shall serve
the appearance ticket upon the corporation by delivery thereof to
an officer, director, managing or general agent, or cashier or assistant
cashier of such corporation or to any other agent of such corporation
authorized by appointment or by law to receive service of process.
E.
Penalty for violations. A first offense for violating this chapter
may result in a warning. The second offense will result in the basic
charge being tripled. A third offense will result in the license being
suspended for six months and a fee of $500 being imposed.
[Added 2-27-2008, approved 2-28-2008]
The Chief of the Fire Department, the Fire Inspector or any
of his Assistants or any member of the Department assigned by the
Chief, may, at all reasonable hours, enter any building and upon all
premises within their jurisdiction for the purpose of examination.
Any person interfering with or preventing any inspection as
authorized by this article shall be guilty of a violation thereof.
The Corporation Counsel, upon request of any officer of the
Bureau, shall assist in the investigation of any fire which in the
opinion of such officer is of suspicious origin.
A.
It shall be the duty of the Chief of the Fire Department to require
teachers of public, private and parochial schools and educational
institutions to have one fire drill each month during the school year
and to keep all doors and exits unlocked during school hours.
B.
Whenever a fire alarm is sounded during the hours when such public,
private and parochial schools and educational institutions are occupied,
a fire drill, including complete evacuation of the building, shall
be carried out immediately. After the building has been evacuated
and the causes of the alarm determined and it has further been determined
that no danger exists, the fire drill may be concluded, but in no
event shall any fire drill be interrupted before the complete evacuation
of the said schools or educational institutions has been accomplished.
[Added 2-25-1959, approved 2-26-1959]
The Chief of the Fire Department shall keep in the office of
the Bureau of Fire Prevention a record of all fires and of all the
facts concerning the same, including statistics as to the extent of
such fires and the damage caused thereby and whether such losses were
covered by insurance, and if so, in what amount. Such record shall
be made daily from the reports made by the Inspectors under the provisions
of this article. All such records shall be public.
An annual report of the operation of the Bureau of Fire Prevention
shall be made by the Chief of the Fire Department on or before the
10th day of January and transmitted by him to the Fire Commissioner.
[Amended 6-10-1992, approved 6-11-1992]
A.
Any person aggrieved by any order made pursuant to this chapter shall
have the right to appeal to the Board of Appeals from the decision
of the Fire Inspector within 30 days of the date of the notice of
violation. An application for appeal shall be based on the grounds
that strict compliance of the more stringent local standard would:
(1)
Cause undue economic hardship or burden.
(2)
Cause restriction from the achievement of a valid state or federal
policy.
(3)
Create a physical or legal impossibility.
(4)
Cause an impediment to the intended objective of the regulation.
(5)
Be unnecessary, in light of variable alternatives which meet the
intended objective of the more stringent local ordinance.
B.
A fee of $100 shall be paid to the Board of Appeals when the application
for appeal is filed.
[Added 6-10-1992, approved 6-11-1992]
A.
A Board of Appeals shall be appointed by the Mayor of the City of
Mount Vernon and shall consist of five members serving initial terms
as follows: one member for a five-year term; one member for a four-year
term; one member for a three-year term; one member for a two-year
term; and one member for a one-year term. All successive Board members
shall be appointed and serve for five-year terms, or until a successor
has been appointed. Vacancies in such Board occurring by the expiration
of term or otherwise shall be filled by the Mayor.
B.
The Board shall select annually one of its members to serve as Chairman
and another member to serve as Secretary to the Board.
[Added 6-10-1992, approved 6-11-1992]
No elected official shall be a member of the Board of Appeals.
Whenever feasible, the Board should consist of at least five members
with separate experience or expertise, with no more than two being
from the same profession, such as:
[Added 6-10-1992, approved 6-11-1992]
The Mayor shall appoint two alternative members who shall be
designated by the Board Chairman to hear appeals during the absence
or disqualification of a member. Alternative members, when feasible,
shall possess one of the qualifications required for Board membership
and shall be appointed and serve for five-year terms or until a successor
has been appointed.
[Added 6-10-1992, approved 6-11-1992]
A member shall not hear an appeal in which that member has any
professional, personal or financial interest.
[Added 6-10-1992, approved 6-11-1992]
Board of Appeals members shall serve without compensation.
[Added 6-10-1992, approved 6-11-1992]
The Board of Appeals shall meet, upon written notice from the
Chairman, within 30 days after the filing of an appeal by the appellant.
[Added 6-10-1992, approved 6-11-1992]
All hearings before the Board of Appeals shall be open to the
public. The appellant, the appellant's representative, the Fire
Inspector and any person whose interests are affected shall be given
an opportunity to be heard.
[Added 6-10-1992, approved 6-11-1992]
The Board of Appeals shall adopt procedures in accordance with
Robert's Rules of Order, under which hearings shall be conducted
and said procedure shall be made available to the public.
[Added 6-10-1992, approved 6-11-1992]
When five Board members are not present to hear an appeal, either
the appellant or the appellant's representative shall have the
right to request and receive an adjournment of the hearing. A new
hearing shall be held within five business days.
[Added 6-10-1992, approved 6-11-1992]
A.
The Board of Appeals may modify or reverse the decision of the Fire
Inspector by a concurring vote of at least three members. The decision
of the Fire Inspector will be automatically affirmed if there is no
modification or reversal of the Fire Inspector's decision within
30 days after the Board hearing.
B.
The decision of the Board shall be by resolution. Certified copies
of the decision shall be furnished to the appellant and the Fire Inspector
and filed with the Fire Commissioner.
[Added 6-10-1992, approved 6-11-1992]
Any aggrieved party shall have the right to institute an appeal
in an appropriate proceeding in the Supreme Court of the State of
New York. Application for review shall be made in the manner and time
required by law following the filing of the decision of the Board
of Appeals with the Fire Commissioner.
[Added 6-24-1964, approved 6-25-1964]
A.
The Bureau of Fire Prevention is hereby directed and authorized to
charge a fee of $3 a page for the first five pages, and for each additional
page thereafter a fee of $0.50, for the issuance of any copy of a
public record of the Fire Department.
[Amended 2-26-1969, approved 2-27-1969; 3-26-1969, approved 3-27-1969]
