Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans: Art. I, 4-9-1958; Art. II, 4-3-1974 by L.L. No. 3-1974. Amendments noted where applicable.]
Building construction — See Ch. 70.
Unsafe buildings — See Ch. 74.
Electrical inspections — See Ch. 92.
Rental or unoccupied premises — See Ch. 158.
[Adopted 4-9-1958]

§ 110-1 Applicability.

This Article shall be applicable to all territory within the Town of Evans outside of the Incorporated Village of Angola.

§ 110-2 Bonfires and outdoor rubbish fires.

No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on the paved portion of any public street, alley or road or on the traveled portion of any private road.
No person shall kindle or maintain any bonfire or authorize any such fire to be kindled or maintained on any private land unless the bonfire location is not less than 35 feet from any structure and adequate provision is made to prevent fire from spreading and smoke from becoming a nuisance. All bonfires shall be constantly attended by the person starting the same. Such fires shall be completely extinguished when the person attending the same leaves the scene of such fire.
[Amended 7-15-1987]

§ 110-3 Kindling of fire on land of others.

No person shall kindle a fire upon the land of another without permission of the owner thereof or his lawfully constituted agent.

§ 110-4 Substances subject to spontaneous ignition.

No person shall deposit hot ashes or cinders or smoldering coals or greasy or oily substances liable to spontaneous ignition into any wooden or paper receptacle or place the same within 10 feet of any combustible materials. Substances subject to spontaneous ignition shall be contained in a metal or other noncombustible receptacle.

§ 110-5 Accumulations of waste.

No litter, accumulated cut brush or combustible or flammable waste or rubbish of any kind shall be permitted to remain in any yard, court, vacant lot or open space within 50 feet of any building, dwelling or other structure.

§ 110-6 Use of torches or flame-producing devices.

Any person using a torch or other flame-producing device for removing paint from any building or structure or for the purpose of thawing out frozen water pipes shall provide and have available at least one approved fire extinguisher or water hose connected to a functioning water supply on the premises where such burning or thawing is being done.

§ 110-7 Storage of readily combustible materials.

Storage in buildings shall be orderly, shall not be piled closer than two feet below the ceiling and shall be so located as not to endanger exit from the building. Storage in the open shall not be more than 20 feet in height, shall be so located with respect to adjacent buildings as to not constitute a hazard and shall be compact and orderly.

§ 110-8 Flammable decorative materials in stores.

Cotton batting, straw or other highly flammable materials shall not be used for decorative purposes in show windows or other parts of stores unless flameproofed; provided, however, that nothing in this section shall be held to prohibit the display of saleable goods permitted and offered for sale. Electric light bulbs in stores shall not be decorated with paper or other combustible materials unless such material shall first have been rendered flameproof.

§ 110-9 Fire protective or extinguishing systems.

[Added 12-15-1993 by L.L. No. 13-1993]
Sprinkler systems, standpipe systems, fire alarm systems and other fire protective or extinguishing systems shall be maintained in operative condition. Repeated false alarms due to poorly maintained systems may be charged to the owner at a rate not to exceed $25 per call at the discretion of the Fire Marshal.

§ 110-10 Chimneys to be maintained in safe condition.

All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fireboxes or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a fire hazard.

§ 110-11 Conduct at fires.

No person shall willfully neglect or refuse to obey or attempt to prevent or obstruct the carrying out of the lawful orders of a person in charge of the operations of a fire department or fire company at the scene of a fire.

§ 110-12 Burning of solid waste; hazardous fires.

[Amended 11-3-1965; 12-15-1993 by L.L. No. 13-1993]
Outdoor fires for the disposal of garbage are prohibited. No person shall start a bonfire or outdoor rubbish fire when prohibited by the chief or assistant chief of any regularly organized fire company or department in the Town of Evans when such chief or assistant chief has determined that atmospheric conditions or local circumstances make such fires hazardous to property or persons or contribute by smoke and/or odor to air pollution and when so ordered by such fire chief or assistant chief. A person having already started a fire shall extinguish it upon being required to do so. Failure to comply with such order will constitute a violation of this section. Outdoor fires for the disposal of garbage, rubbish or solid waste of any kind are prohibited.

§ 110-13 Penalties for offenses.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who shall violate any of the provisions of this article or who shall fail to comply with any of the requirements thereof or who shall violate or fail to comply with any lawful order being made thereunder shall be guilty of a violation and may be fined an amount not to exceed $250 or imprisoned for not more than 15 days, or both, as provided by law. The imposition of one penalty for any violation shall not excuse the violation or 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.
[Adopted 4-3-1974 by L.L. No. 3-1974]

§ 110-14 Bureau established; appointment and terms of Fire Marshal and Inspectors. [1]

A Bureau of Fire Prevention of the Town of Evans is hereby established and shall be operated under the supervision of a Fire Marshal of the Town of Evans.
The Evans Town Board shall appoint the Fire Marshal of the Bureau of Fire Prevention after recommendation by the Chiefs of the North Evans Fire District, the Evans Center Volunteer Fire Company, the Angola Fire Company and the Lake Erie Beach Volunteer Fire Company, Inc. If for any reason the Chiefs fail to recommend on such appointment after 30 days' notice of a vacancy in the position of Fire Marshal, the Town Board shall appoint without recommendation.
The Fire Marshal shall designate an officer, or member, of each fire company of the Town of Evans as an Inspector of the Bureau of Fire Prevention, who shall hold this office at the pleasure of the Fire Marshal. The area of inspection for each Inspector shall be designated by the Fire Marshal.
The Fire Marshal may also designate such number of Assistant Inspectors as shall from time to time be authorized by the Town Board of the Town of Evans.
The term of office for the Fire Marshal shall be four years and for Inspectors and Assistant Inspectors shall be two years beginning with the first day of January.
Editor's Note: By resolution adopted 1-17-2001, the positions of Fire Marshal and Fire Inspectors were abolished and all duties of the Fire Marshal transferred to the Building Inspector's Department.

§ 110-15 Designation of fire prevention code.

[Added 12-5-1990 by L.L. No. 16-1990]
The New York State Uniform Fire Prevention and Building Code is designated as the official fire prevention code of the Town of Evans.

§ 110-16 Designation of enforcement official.

[Added 12-5-1990 by L.L. No. 16-1990]
The Fire Marshal of the Town of Evans and his/her designated deputies or assistants are hereby designated as the person or agency responsible for administration and enforcement of the fire prevention code of the Town of Evans.

§ 110-17 Duties and powers of officers.

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 Town covering the following:
The prevention of fires.
The storage and use of explosives and flammables.
The installation and maintenance of automatic and other fire alarm systems and fire-extinguishing equipment.
The maintenance and regulation of fire escapes.
The means and adequacy of exit, 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.
The investigation of the source, origin and circumstances of fires.
They shall have such other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law. The Fire Marshal of the Town of Evans may delegate any of his powers or duties under this article to the Inspectors.
Unless specifically provided for in other codes, ordinances or local laws of the state, county or town, the standards pertaining to § 110-17A above as currently set forth in the New York State Uniform Fire Prevention and Building Code shall apply. Said standard hereby is incorporated in this article by reference with copies of said standard being on file with the Fire Marshal. Wherever standards are published by two or more entities, the more strict standard shall apply.
[Amended 12-15-1993 by L.L. No. 13-1993]

§ 110-18 Fire Marshal to recommend additional laws.

It shall be the duty of the Fire Marshal of the Town of Evans to investigate and to recommend to the Town Board of the Town of Evans such additional local laws, or amendments to existing ordinances or local laws, a he may deem necessary for safeguarding life and property against fire.

§ 110-19 Instructions and forms for Inspectors.

The Fire Marshal of the Town of Evans shall propose, for the Inspectors and their assistants, instructions and forms for their use in the reports required by this article.

§ 110-20 Investigation of fires.

The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the Town by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of such fire by the Inspector in whose district the fire occurs, and if it appears to the officer making such an investigation that such fire is of suspicious origin, the Fire Marshal 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. 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 a fire has occurred. Such report shall be in such form as shall be prescribed by the Fire Marshal and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of the damage thereof and the insurance upon such property and such other information as may be required.

§ 110-21 Inspection before issuance of certain licenses.

Before licenses may be issued for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly flammable materials and rubbish; crude petroleum or any of its products; gun or blasting powder; or dynamite or explosives of any kind, including fireworks, firecrackers and signaling explosives, the Fire Marshal, the Inspector or his assistants shall inspect and approve the receptacles, vehicles and buildings or storage places to be used for any such purpose.

§ 110-22 Inspection of certain hazards and appliances.

The Fire Marshal, Inspector or any assistant specially designated thereto shall inspect, as often as may be necessary but not less than four times a year, all specially hazardous manufacturing processes, storage or installations of acetylene or other gases, chemicals, oil, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems and such other hazards or appliances as the Fire Marshal shall designate and shall make such order as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.

§ 110-23 Inspection of buildings, premises and thoroughfares.

It shall be the duty of the Fire Marshal to inspect, or cause to be inspected by the Bureau of Fire Prevention or by the Fire Department officers and members, as often as may be necessary but not less than twice a year in outlying districts and four times a year in the closely built portions of the town, all buildings, premises and public thoroughfares, except private dwellings, unless it is a rented premises covered by Chapter 158, Rental or Unoccupied Premises, which inspection is requested by the Town of Evans Building Inspector, for the ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any ordinance or local law of the Town affecting the fire hazard.
Whenever any Inspector, as defined above, shall find in any building or upon any premises or other place combustible or explosive matter or dangerous accumulations of rubbish or any highly flammable materials especially liable to fire and which are so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or building, subject to appeal within 96 hours to the Fire Marshal, as provided in § 110-24 of this article.
Any owner or occupant failing to comply with such order within a reasonable period after the service of said order shall be liable to a penalty as hereinafter provided.
The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of the same to such occupant personally or by delivering the same to and leaving it with any person 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. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address by registered mail, return receipt requested.

§ 110-24 Order to abate violation; appeal; bond.

The Fire Marshal, Inspector or assistants, upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect all buildings and premises within their jurisdiction. Whenever any of said officers shall find any such building or other structure which, for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire and which is so situated as to endanger other property of the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he or they shall order such dangerous conditions or materials to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or building. If such order is made by the Inspector or any of his assistants, such owner or occupant may, within 96 hours, appeal to the Fire Marshal, who shall, within five days, review such order and file his decision thereon, and unless by his authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in said order or decision of the Fire Marshal. All such decisions, modifications or revocations are to be filed with the Town Clerk; provided, however, that any such owner or occupant may, within five days after the making or affirming of any such order by the Fire Marshal, file his petition with the Town Justice Court, praying a review of such order. It shall be the duty of such Court to hear the same within not less than five days nor more than 10 days from the time the petition is filed and to make such order in the premises as right and justice may require, and such decision shall be final. Such parties so appealing to the Town Justice Court shall file with said Court within two days a bond in an amount to be fixed by the Court, to be approved by the Court, conditioned to pay all the costs of such appeal in case such appellant fails to sustain his appeal or the same shall be dismissed for any cause.

§ 110-25 Right of entry.

The Fire Marshal, the Inspectors or any Assistant Inspector may, at any reasonable hour, enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which under the provisions of this article he or they may deem necessary to be made.

§ 110-26 Duties of Town Attorney.

The Town Attorney, upon request of the Bureau of Fire Prevention, shall assist the Fire Marshal, the Inspectors or assistants in the investigation of any fire which, in their opinion, is of suspicious origin. The Town Attorney shall be responsible for carrying out the prosecution of any violators of this article.

§ 110-27 Record of fires.

The Fire Marshal shall keep, in the office of the Bureau of Fire Prevention, a record of all fires and 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.

§ 110-28 Annual report.

The annual report of the Bureau of Fire Prevention shall be made on or before the first day of January and transmitted to the Town Board. It shall contain all proceedings under this article, with such statistics as the Fire Marshal may wish to include therein. The Fire Marshal shall also recommend any amendments to this article which, in his judgment, shall be desirable.

§ 110-29 Penalties for offenses.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person or persons, firm or corporation violating any of the provisions of this article or neglecting to comply with any order issued pursuant to any section thereof shall be guilty of a violation and, upon conviction, shall forfeit and pay a fine of not more than $250 for each offense or be imprisoned for a term not to exceed 15 days for each offense, or both.

§ 110-30 Duties of Town Board.

The Town Board shall yearly set the compensation of the Fire Marshal, Inspectors and assistants.