[HISTORY: Adopted by the Board of Trustees
of the Village of Albion 8-14-1996 by L.L. No. 5-1996. Amendments noted where
applicable.]
A.
This chapter shall be known and cited as the "Village
of Albion Code Enforcement and Fire Prevention Code."
B.
It is the intent of this chapter to provide for the
administration and enforcement of the provisions of all laws, codes,
regulations and orders applicable to:
(1)
The location, design, materials, construction, alteration,
repair, equipment, use, maintenance, occupancy, removal and demolition
to buildings, structures and appurtenances located in the Village
of Albion.
(2)
Fire prevention and firesafety regulations consistent
with the nationally recognized good practices for the safeguarding,
to a reasonable degree, of life and property from hazardous conditions
in the use and/or occupancy of buildings or premises and from the
storage and use of hazardous materials, substances and devices.
[Amended 9-12-2001 by L.L. No. 7-2001]
There is hereby adopted by the Village of Albion,
New York, for the purpose of prescribing regulations governing building
construction and conditions hazardous to life and property from fire,
explosion or other causes, the regulations and standards set forth
in the New York State Uniform Fire Prevention and Building Code (henceforth
known as the "Uniform Code").
A.
All technical terms used in this chapter shall be
defined as set forth in the Uniform Code, except as such terms may
otherwise be defined in this chapter.
B.
APPEARANCE TICKET
CODE ENFORCEMENT OFFICER
DWELLING UNIT
FAMILY
(1)
(2)
(3)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
[6]
(e)
As used in this chapter, the following terms shall
have the meanings indicated:
A written notice issued and subscribed by a police officer
or other public servant authorized by state or local law enacted pursuant
to the provisions of the Municipal Home Rule Law to issue the same,
directing a designated person to appear in a designated local criminal
court at a designated future time in connection with his or her alleged
commission of a designated offense. A notice conforming to such definition
constitutes an "appearance ticket," regardless of whether it is referred
to in some other provision of law as a summons or by any other name
or title.
Any employee of the Bureau of Code Enforcement and Fire Prevention
with enforcement responsibilities.
One or more rooms with provisions for living, sleeping or
cooking arranged for the use of one or more persons.
One, two, three or four or more persons occupying
a dwelling unit and living together as a traditional family or the
functional equivalent of a traditional family.
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit.
The occupants must share the entire dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family.
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses.
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools.
Members of the household have the same address
for the purposes of voter's registration, driver's license, motor
vehicle registration and filing taxes.
Members of the household are employed in the
area.
The household has been living together as a
unit for a year or more, whether in the current dwelling unit or other
dwelling units.
Common ownership of furniture and appliances
among the members of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
[Amended 4-12-2000 by L.L. No. 1-2000]
There is hereby designated a Bureau of Code
Enforcement and Fire Prevention to administer the Uniform Code and
all other laws, rules and regulations as may be applicable for the
prevention of fires, location of buildings and structures and protection
of the general public from health and safety hazards. The Bureau of
Code Enforcement and Fire Prevention shall be under the direction
and supervision of the Fire Marshal (henceforth known as "Director
of Community Development").
There is hereby designated in the Village of
Albion a public official, known as the "Fire Marshal," who shall be
appointed by the Mayor of the Village of Albion, with the approval
of the Village of Albion Board of Trustees at a compensation fixed
by the Village of Albion Board of Trustees.
A.
Except as specifically provided by law, rule or regulation
or except as herein otherwise provided, the Fire Marshal shall administer
and enforce all laws, codes, regulations and orders applicable to
fire prevention and firesafety. The Fire Marshal shall enforce and
administer all provisions of the Uniform Code applicable to plans,
specifications or permits for the construction, alteration, conversion
and repair of buildings and structures and the installation and use
of materials and equipment therein and to the location, use and occupancy
thereof.
B.
The Bureau of Code Enforcement and Fire Prevention
shall oversee and direct the activities of the Fire Marshal. As the
Bureau chief, the Code Enforcement Officer shall prepare and maintain
standard operating procedures for the Fire Marshal.
[Amended 4-12-2000 by L.L. No. 1-2000; 3-14-2001 by L.L. No.
3-2001; 7-10-2013 by L.L. No. 4-2013]
C.
The Fire Marshal shall maintain records and reports
generated by the Bureau of Code Enforcement and Fire Prevention that
pertain to properties within the Village of Albion or that are owned
an/or operated by the Village of Albion which may be outside of the
Village of Albion. These reports shall include, but not be limited
to, permits, fire reports, investigative reports, complaints and inspection
reports.
D.
The Fire Marshal shall prepare and provide written
reports to the Village of Albion Board of Trustees on monthly activities
by the Bureau of Code Enforcement and Fire Prevention.
E.
The Fire Marshal may make recommendations to the Village
of Albion Board of Trustees to adopt, amend or repeal such rules and
regulations as they may relate to efficient administration and enforcement
of the Uniform Code or provide for protection of the general public
from health and safety hazards.
F.
The Fire Marshal shall perform or cause to be performed
firesafety inspections of all buildings and structures within the
Village of Albion or those that are owned and/or operated by the Village
of Albion that may be outside of the Village of Albion for the purpose
of determining compliance with the requirements of the Uniform Code
and other pertinent laws, codes, rules, regulations and orders under
the following schedule:
G.
The Fire Marshal shall inspect or cause to be inspected
any building, use, occupancy, structure or dwelling unit at any other
time upon:
H.
The Fire Marshal shall create, administer and maintain,
in conjunction with other local, county and state officials, a Village
of Albion Disaster Plan.
I.
The Fire Marshal shall serve as the Village Safety
Manager and oversee the Village safety policies, rules and regulations.
A.
In the absence of a Code Enforcement Officer or in
the case of a Code Enforcement Officer's inability to act for any
reason, the Fire Marshal shall exercise all the powers conferred upon
a Code Enforcement Officer by this chapter.
B.
In the event that no employee of the Bureau of Code
Enforcement and Fire Prevention is available or able to act, the Mayor
shall have the power to act on behalf of the Code Enforcement Officer
and to exercise all of the powers conferred upon him by this chapter.
[1]
Editor's Note: Former § 161-8, Designation
of Code Enforcement Officer as public official, as amended, was repealed
9-12-2001 by L.L. No. 7-2001.
Except as otherwise specifically provided by law, rule or regulation or except as hereinafter otherwise provided, officials of the Bureau of Code Enforcement and Fire Prevention shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code, Chapter 290, Zoning, and other laws, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein and to the location, use and occupancy thereof.
The Fire Marshal may appoint one inspector or
more as the need may appear to act under the supervision and direction
of a Code Enforcement Officer and to exercise any portion of the powers
and duties of a Code Enforcement Officer as a Code Enforcement Officer
may direct. The compensation of such inspectors shall be approved
by the Village of Albion Board of Trustees and compensated at a rate
affixed by the Village Board of Trustees.
The Fire Marshal, Code Enforcement Officer,
inspectors or any employee of the Bureau of Code Enforcement and Fire
Prevention directly involved in code enforcement shall not engage
in any activities inconsistent with the duties of an individual involved
in code enforcement or with the interests of the Bureau of Code Enforcement
and Fire Prevention; nor shall the Fire Marshal, Code Enforcement
Officer, inspector or any employee of the Bureau of Code Enforcement
and Fire Prevention during their term of employment be engaged directly
or indirectly in any building business, in the furnishing of labor,
materials, supplies or appliances for or supervision of, the construction,
alteration, demolition or maintenance of a building or the preparation
of plans or specifications thereof within the Village of Albion, except
that this provision shall not prohibit any employee from engaging
in any such activities in connection of a building or structure owned
by the employee, for the employee's own personal use and occupancy
or for the use and occupancy of members of the employees immediate
family and not constructed for sale, nor shall this section prohibit
an employee from participating in any such activities in connection
of a building or structure over which the Village of Albion Bureau
of Code Enforcement and Fire Prevention has no jurisdiction.
The Village of Albion Board of Trustees may,
after public notice and publication at least 10 days prior to the
effective date thereof in a newspaper of general circulation within
the Village of Albion, adopt such further procedural/administrative
rules and regulations as the Village of Albion Board of Trustees deems
reasonable to carry out the provisions of this chapter. Any Code Enforcement
Official employed by the Village of Albion may make recommendations
to the Village of Albion Board of Trustees to adopt, amend or repeal
such rules and regulations as they may relate to efficient 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 provisions of law.
A.
Where practical difficulties or unnecessary hardship
may result from the enforcement of the strict letter of any provision
of the New York State Uniform Fire Prevention and Building Code, applications
for variances consistent with the spirit of the Code may be made to
the Regional Board of Review in accordance with Part 440 of the New
York Codes, Rules and Regulations entitled "Uniform Code; Board of
Review," as promulgated by the New York Department of State. The Code
Enforcement Official shall maintain a copy of such rules and regulations
for public inspection and shall obtain and retain a copy of all decisions
rendered by the Board of Review pertaining to matters affecting the
Village of Albion.
B.
Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision
of this chapter or any rule or regulation herein under which provision
is not also required by the New York State Uniform Fire Prevention
and Building Code, application for variances consistent with the spirit
of such law, rule or regulation may be made to the Village of Albion
Board of Trustees.
A.
Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal or demolition of any building or structure, or any portion thereof, install a swimming pool as described in Chapter 280, Swimming Pools, or install a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit, or change the occupancy classification of a building or structure, as described in Part 701.1 of The New York State Uniform Fire Prevention and Building Code, without first obtaining a building permit from the Bureau of Code Enforcement and Fire Prevention.
B.
No permit shall be required for:
(1)
Necessary repairs which do not materially affect structural
features.
(2)
Alterations to existing buildings or structures, provided
that the alterations:
(a)
Cost less than $2,000.
(b)
Do not affect firesafety features such as but
not limited to smoke detectors, sprinklers, required fire separations
or exits.
(c)
Do not materially affect structural features.
(d)
Do not involve the installation or extension
of electrical systems.
(e)
Do not involve the installation of solid fuel
heating appliances and associated chimneys or flues.[1]
[1]
Editor's Note: Former Subsection B(3), regarding
small, noncommercial structures not intended for use by one or more
persons for living, sleeping, eating or cooking, as amended, which
immediately following this subsection, was repealed 9-26-2007 by L.L.
No. 4-2007.
C.
The application for a building permit, and its accompanying
documents, shall contain sufficient information to permit a determination
that the intended work is in accordance with the requirements of the
New York State Uniform Fire Prevention and Building Code and all other
applicable local laws, rules and regulations.
D.
The form of the permit and application thereof shall
be described by resolution of the Village of Albion Board of Trustees.
The application shall be signed by the owner or authorized agent of
the building and shall contain at least the following:
(1)
Name and address of the property owner.
(2)
A description of the use of the property and all buildings
and structures, including new or altered buildings or structures.
(3)
A description of the use or occupancy of the property
and existing or proposed building.
(4)
A description of the proposed work.
(5)
The estimated cost of the proposed work.
(6)
A statement that the work shall be performed in compliance
with the New York State Uniform Fire Prevention and Building Code
and local laws and regulations.
E.
The application shall be accompanied by two sets of
plans and specifications and any other documents that the applicant
shall deem adequate and appropriate for determining compliance with
the New York State Uniform Fire Prevention and Building Code and all
other local codes, rules and regulations or as the Code Enforcement
Official may require as being necessary or appropriate in the judgment
of the Code Enforcement Official. The applicant may confer with a
Code Enforcement Official in advance of submitting their application
to discuss the requirements of the Code Enforcement Official.
F.
Any plans, including plat plan, or specifications
which comprise a portion of the application, whether submitted subsequently,
upon request of the Code Enforcement Official or submitted with the
application, shall be stamped with the seal of an architect or professional
engineer or land surveyor (in the case of a plat plan) licensed in
the State of New York if the plans or specification are for a building
or structure that exceed the standards set forth by § 7209
of the Education Law of the State of New York.
G.
The applicant or the applicant's agent shall notify
the Code Enforcement Official of any changes in the information contained
in the application during the period for which the permit is in effect.
A permit will be issued when the application has been determined to
be complete and when the proposed work is determined to conform to
the requirements of the New York State Uniform Fire Prevention and
Building Code and other applicable state and local laws, rules and
regulations. The authority conferred by such permit may be limited
by conditions, if any, contained therein.
H.
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
I.
A building permit issued pursuant to this chapter may be suspended or revoked (see § 161-27, Stop-work orders) if it is determined that the work is not being completed within the scope of the permit; if the work is not in conformance with the New York State Uniform Fire Prevention and Building Code, other state and local laws, rules and regulations or with any conditions contained within the permit; and/or if there has been misrepresentation or falsification of a material fact in connection with the application for the permit.
J.
A building permit issued pursuant to this chapter
shall expire six months from the date of issuance if no work has taken
place within the scope of the permit. The Code Enforcement Official
shall notify the applicant of such revocation, in writing. The applicant
can request that the permit be renewed, provided that:
A.
No building or structure hereinafter shall be used
or occupied in whole or in part until a certificate of occupancy shall
have been issued by a Code Enforcement Official.
B.
No building or structure hereafter enlarged, extended
or altered or upon which work has been performed which required the
issuance of a building permit shall be occupied or used after the
completion of the work authorized by the building permit, unless a
certificate of occupancy shall have been issued by a Code Enforcement
Official.
C.
No change shall be made in the occupancy of an existing
building or structure unless a certificate of occupancy shall have
been issued by a Code Enforcement Official. A Code Enforcement Official
shall have the right to request a building permit application be submitted,
outlining said change in occupancy, to verify that the requested change
is in compliance with the New York State Uniform Fire Prevention and
Building Code and other applicable state and local laws, rules and
regulations.
D.
Certificate of occupancy with condition. If it is
found that the proposed work has not been completed, but that the
work not yet ccupleted does not affect the structural elements of
the building or structure, or the work not yet completed does not
affect the safety of the occupants, a Code Enforcement Official may
issue a certificate of occupancy with condition. The certificate of
occupancy with condition shall expire three months after the date
of issuance, or upon issuance of a permanent certificate of occupancy.
The applicant for the building permit may request, in writing, for
an extension of the certificate of occupancy with condition. For good
cause the Code Enforcement Official may grant two extensions not exceeding
three months each. The certificate of occupancy with condition shall
list those items that shall be completed to cause the building or
structure to qualify for a permanent certificate of occupancy.
[Amended 4-12-2000 by L.L. No. 1-2000]
E.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application for a certificate
of occupancy is made.
F.
The certificate of occupancy shall signify that the
work or change in occupancy authorized by the building permit has
been completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable state and local laws, rules
and regulations and shall specify the use or uses and the extent to
which the building or structure or its several parts may be put to
use.
A.
Prior to transfer of title to a new owner or execution and recording of a mortgage, no structure, building or property, with the exception of one- and two-family dwellings, shall be occupied or utilized, in whole or in part, until the issuance of a current certificate of occupancy by the Fire Marshal of the Village of Albion certifying that said dwelling substantially conforms to the requirements of this chapter, the New York State Uniform Fire Prevention and Building Code, Chapter 290, Zoning, and all other applicable state and local laws, rules and regulations. A "current certificate of occupancy," as used in this subsection, shall mean a certificate of occupancy issued no sooner than 60 days prior to transfer of title to a new owner or the execution and recording of a mortgage.
B.
Certificate of occupancy with conditions. The Fire
Marshal, in his or her discretion, may issue a certificate of occupancy
with conditions where:
(2)
The subject property, building or structure is near
substantial compliance with applicable state and local laws, rules
and regulations.
(3)
The work required to bring the property, building
or structure into full compliance is not essential to making the building
habitable and does not pose a threat to life safety.
C.
Temporary certificate of occupancy. Upon written request of the owner or the owner's authorized agent, the Fire Marshal may, in his or her discretion, issue a temporary certificate of occupancy, provided that there is full compliance with the Chapter 290, Zoning, and that such temporary use or occupancy would not in any way jeopardize life or property.
D.
Contents of certificate of occupancy.
(1)
The certificate of occupancy shall state that the
subject property, building or structure complies with provisions of
this chapter, the New York State Uniform Fire Prevention and Building
Code and all of the applicable state and local laws, rules and regulations.
In addition, certificates of occupancy shall state the purposes for
which the property, building or structure may be used in its several
parts.
(2)
If a certificate of occupancy with conditions is issued, in addition to the contents required in Subsection D(1), it shall state the specific work remaining to be done to bring the property, building or structure into substantial compliance with the laws, rules and regulations therein, the date by which the work shall be completed and a warning that the failure to complete the work on that date shall be sufficient cause for the revocation of the certificate of occupancy without further notice to the owners and other interested parties.
(3)
Time limitations set forth in certificates of occupancy
with conditions shall constitute amendments to time limitations imposed
by prior notices and orders by the Bureau of Code Enforcement and
Fire Prevention.
E.
A certificate of occupancy shall be issued within
10 days after written application thereof, if the dwelling at the
time of such application is not in violation of applicable state and
local laws, rules and regulations.
In those cases where a certificate of occupancy
is not appropriate, such as the installation of solid fuel heating
appliances, the extension of electrical systems or the installation
of a swimming pool, a Code Enforcement Official may issue a certificate
of compliance, provided that the installation of the equipment or
apparatus is in compliance with all applicable state and local laws,
rules and regulations.
A record of all certificates of occupancy, certificates
of occupancy with condition, temporary certificates of occupancy and
certificates of compliance shall be kept the Bureau of Code Enforcement
and Fire Prevention. Copies shall be furnished upon written request
to any owner, co-owner, tenant or mortgagee of the subject building
or structure upon payment of the fee, as listed in the fee schedule.[1]
[1]
Editor's Note: A fee schedule is located in
the office of the Village Clerk.
A.
Upon payment of a fee as in hereafter set forth in
the Village of Albion fee schedule,[1] a special permit shall be issued by and bear the name
and signature of the Fire Marshal, provided that all conditions for
said permit are met by the applicant, and shall specify:
(1)
The name and address of the permittee.
(2)
The activity or operation for which the permit is
issued.
(3)
The address or location where the activity or operation
is to be conducted.
(4)
The permit number and date of issuance.
(5)
The period of permit validity.
[1]
Editor's Note: A fee schedule is located in
the office of the Village Clerk.
B.
Special permits shall not be transferable, and any
change in activity, operation, location, ownership or use shall require
a new special permit.
C.
Permits shall continue for the period of time designated
at the time of issuance, unless revoked for good cause.
D.
Special permits shall be obtained for the following:
(1)
Acetylene generators. For the operation of an acetylene
generator having a calcium carbide capacity exceeding five pounds.
(2)
Bowling establishments. For bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of a flammable or combustible liquid or material.
(3)
Cellulose nitrate motion-picture film. For storage
or having-on-hand more than 25 pounds of cellulose nitrate motion-picture
film.
(4)
Cellulose nitrate plastics (pyroxylin).
(5)
Combustible fibers. For the storage, handling or use
of combustible fibers in quantities in excess of 100 cubic feet, except
agricultural products on a farm.
(6)
Combustible materials. For the storage of 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.
(8)
Cryogenics. For the storage, handling or use of cryogenic
fluids, except cryogenics used as motor fuel and stored in motor vehicle
fuel tanks, as follows:
(9)
Dry-cleaning plants. For the use in excess of four
gallons of solvents or cleaning agents classified as flammable or
combustible.
(10)
Dust producing plants. For the operation of
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.
(12)
Flammable finishing. For spraying, coating or
dipping operations that utilize flammable or combustible liquids.
(13)
Fumigation and thermal insecticidal fogging.
To conduct fumigation or thermal insecticidal fogging operations.
(14)
Hazardous materials. For the storage, handling
or use of:
(a)
More than 55 gallons of corrosive liquids; or
more than 50 pounds of oxidizing materials; or more than 50 pounds
of nitromethane or 100 pounds or more of ammonium nitrate, ammonium
nitrate fertilizer mixtures containing 60% or more ammonium or any
other amount of toxic material or poisonous gas.
(b)
Any quantity of air-reactive, water-reactive
or unstable materials.
(15)
Liquefied petroleum gas. For each installation
of liquefied petroleum gas employing a container or aggregate of interconnected
containers of 500 gallons or more water capacity and for each permanent
installation, irrespective of size of the containers, made at buildings
in which 20 or more persons congregate for civic, political, social,
educational, religious or recreational purposes. Installers shall
maintain a record of all installations and for replacement cylinders
and have said records available for inspection.
(16)
Magnesium. For melting, casting, heat-treating,
machining or grinding of more than 10 pounds of magnesium per working
day.
(18)
Organic coatings. For performing organic coating
operations utilizing more than one gallon of organic coating on any
working day.
(19)
Ovens and furnaces. For the operation of industrial
processing ovens and furnaces operating at approximately atmospheric
pressures and temperatures not exceeding 1,400° F. which are heated
with oil or gas fuel or which, during operation, contain flammable
vapors from the material in the oven or catalytic combustion system.
(20)
Storage of certain substances. For the storage,
handling or use of the following materials in the following amounts:
(21)
Waste oil heaters. For the operation, maintenance
or use of a waste oil heater in any service station or self-service
station or repair garage.
E.
Consolidate 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 shall be kept on the
property or premises covered by the permit.
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 that there has been misrepresentation
or falsification of material facts in connection with the permit application
or a condition of the permit.
A.
No person shall park, stand or stop a vehicle in a
designated fire lane, except to avoid conflict with other traffic
or pedestrians or in obedience to direction of a peace officer or
stop sign; nor shall any person, in any manner, obstruct any fire
lane or other means of access to a building or premises or otherwise
obstruct a source of water or other service necessary for fire-fighting
purposes.
B.
Whenever the Fire Marshal, or his or her duly authorized
assistant, peace officer or law enforcement officer discovers any
vehicle or other obstruction standing, parked or left in a fire lane
or within 15 feet of a fire hydrant or creating an obstruction to
a source of water or other service necessary to fire-fighting purposes
in such a way it may constitute a distinct hazard to life or public
safety or interfere with fire-fighting activities, said vehicle will
be ticketed for parking violation and/or removed, towed away and stored.
Any such removal, towing and storage as herein provided may be performed
by a 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 object.
Whereas the New York State Uniform Fire Prevention
and Building Code makes references to various subjects dealing with
fire protection and for fire prevention practices and provides only
general procedures for administering said Code, it is hereby deemed
necessary and appropriate to set forth additional administrative and
enforcement procedures for the Village of Albion to enable the Fire
Marshal to effectively enforce the provisions of this chapter. The
specific areas of fire protection and/or fire prevention which are
the subject of these additional administrative provisions are set
forth herein, and each subject is referenced to the applicable section
of the Uniform Code where such subject is addressed.
A.
Fire lanes.
(1)
All premises and buildings in the Village of Albion
which, in the discretion of the Fire Marshal, are not accessible from
the public roads, shall be provided with suitable access roads and
fire lanes so that all buildings on the premises are accessible. The
location, size, layout and nature of said roads and fire lanes shall
be subject to the approval of the Fire Marshal. In those areas where
new construction is being undertaken, suitable roads shall be constructed
and maintained so as to provide access to the Fire Department and
other emergency vehicles prior to the commencement of any aboveground
construction.
(2)
Fire lanes for shopping centers, office buildings,
places of assembly and other commercial/industrial buildings shall
be a minimum of 30 feet in width and 25 feet in width in multiple
residence districts. In the event of a conflict, the location and
width of such fire lane shall be determined by the Fire Marshal so
as to provide reasonable access to the building for emergency vehicles.
Fire lanes shall be of such construction as determined by the Fire
Marshal and shall be located so as to be accessible to the nearest
public road or highway.
(3)
Fire lanes shall be clearly designated by suitable
approved pole- or building-mounted signs to be provided by the owners
or occupants of the premises. Failure to replace or repair damaged,
rusted or faded signs within 30 days after written notice shall have
been served upon the owner or occupant shall constitute a violation
of this chapter.
(4)
The signs required to be posted by this subsection
shall conform to the color and size requirements for parking signs
as set forth in the Manual of Uniform Traffic Control Devices of the
New York State Department of Transportation. In addition, said signs
shall also:
B.
Fire protection equipment; water supply. The Fire
Marshal and Fire Chief shall review all plans submitted to the Village
of Albion for subdivisions, multiple residences, commercial and industrial
areas, schools and churches. Such approval shall be in line with the
following standards:
(1)
The contractor or owner is to furnish the Bureau of
Code Enforcement and Fire Prevention with maps or plans showing street
and water main locations, together with other site information.
(2)
The Fire Marshal and Fire Chief will be allowed up
to 30 days to review said plans. The Fire Marshal's and Fire Chief's
comments shall be plainly shown on the plans and signed by them. One
complete copy of the plans shall be returned to the Bureau of Code
Enforcement and Fire Prevention upon final approval.
(3)
The foregoing recommendations shall be forwarded to
the appropriate governing agencies for final approval in conformance
with the laws as in such cases are made and provided.
(4)
The Fire Marshal and Fire Chief will be allowed 30
days to review building plans for changes, alterations or conversions
in commercial or industrial buildings where no Planning Board, Zoning
Board or Village Board review is required and to make stipulations
within the guidelines set forth in this chapter.
C.
Residential districts.
(1)
Hydrants shall not exceed a maximum of 500 feet apart
on each street in either direction and shall be located at intersections
whenever possible.
(2)
Hydrants must be installed and flow-tested before
aboveground construction is commenced. Flow tests shall comply with
the specifications of the Insurance Services Office of New York to
produce an A-rating.
(3)
Temporary exceptions may be made during construction
by the Fire Marshal.
D.
Multiple residency, commercial and industrial districts,
including expansion of same.
(1)
Hydrants shall not exceed a maximum of 300 feet apart
and shall be so located so that all buildings can be reached by comparatively
short hose lays from more than one hydrant.
(2)
Hydrants must be installed and flow-tested before
aboveground construction is commenced. Flow tests shall comply with
the specifications of the Insurance Services Office of New York to
produce an A-rating.
(3)
No aboveground construction is to commence until an
approved roadway base capable of carrying the weight of fire apparatus
is installed.
(4)
Temporary exceptions may be made by the Fire Marshal.
E.
Fire hydrants.
(1)
The location of public or private hydrants shall not
exceed the maximum distances established by this chapter. Hydrants
located in subdivisions and other residential areas shall be located
at intersections whenever possible.
(2)
In new areas where new construction is being undertaken
and public or private water mains and hydrants do not exist, water
mains and hydrants shall be installed and be in proper operating condition
prior to the commencement of any aboveground construction. Upon written
application and for good cause shown, the Fire Marshal may grant temporary
exceptions to this requirement, the length and extent of said temporary
exception being subject to the sole discretion of the Fire Marshal.
In the event that the terms and conditions of said permission are
not complied with, the Fire Marshal, in his or her sole discretion,
may revoke said permission.
(3)
No person shall cause any obstruction to be placed
within 15 feet of any public or private fire hydrant, except in the
event of an emergency situation with the approval of the Fire Marshal.
No person, except those officially authorized to do so, shall intentionally
cause snow to be placed around any public or private hydrant so as
to unreasonably interfere with its use.
(4)
Privately owned water mains and fire hydrants on property
devoted to public use, including, but not limited to, multiple dwelling
complexes, churches, commercial buildings, 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.
Such maintenance and annual servicing shall be conducted in accordance
with generally accepted standards, and records of such annual maintenance
shall be kept on the premises so that the same is available for examination.
(5)
In addition to such other penalties as may be provided
herein, should the hydrant maintenance and servicing provided for
in this chapter not be carried out as required herein, the Village
of Albion or its duly authorized agents or employees may cause said
maintenance and servicing to be carried out at the expense of the
owner of the subject premises. All costs and expenses incurred by
the Village of Albion in connection therewith shall be assessed against
the land on which said water mains and hydrants are located as set
forth in this chapter, provided that written notice shall have been
given to the owner of the premises as set forth herein. The notice
shall contain the following:
(a)
A description of the premises.
(b)
A statement that the annual servicing or maintenance
as required by this chapter has not been performed.
(c)
An order requiring that said servicing or maintenance
be completed by a certain time and date, which date shall be not less
than three working days from the date of service of the notice.
F.
Standpipe systems.
(1)
Hoses shall be inspected once a year and so noted
in a record which shall be kept on the premises and made available
for examination. Valves, other than hose stations, shall be secured
in the open position by means of a chain and lock.
(2)
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 and plowing.
G.
Commercial ovens. All new and existing equipment,
when altered or changed, shall be approved by the Fire Marshal.
H.
Storage and handling of hazardous liquids.
(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 temperatures
and having individual capacity of up to 15,000 gallons may be installed.
The maximum aggregate capacity at any site shall not exceed 35,000
gallons in total capacity.
[Amended 2-11-2004 by L.L. No. 4-2004]
(3)
The Fire Marshal or his or her designated representative
is further authorized to order the owner or occupants of premises
having hazardous liquid storage tanks contained 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 reason to believe
that said tanks may be leaking. The Fire Marshal shall notify the
Fire Chief, in writing, of such order issued under this subsection.
(4)
Aboveground storage tanks for flammable and combustible liquids shall be prohibited, except as permitted by Subsection I(2).
(5)
Underground storage tanks containing Class 1 liquids shall be prohibited in areas designated as residential districts by Chapter 290, Zoning.
(6)
Installation or alteration permit. No installation,
alteration or replacement of underground or aboveground tanks, pumps,
piping or other equipment relating to the storage of hazardous liquids
shall be commenced without first obtaining a permit from the Fire
Marshal. The Fire Marshal shall notify the Fire Chief, in writing,
whenever a permit is issued under this subsection.
(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 replacement take place. The
Fire Marshal shall notify the Fire Chief of said order.
(9)
There is to be no more than one tank truck delivering
flammable liquids on the premises of a flammable liquids servicing
facility at any one time. Before making any deliveries to underground
tanks, the driver or other authorized person shall set the brakes
of the vehicle and shall turn off the engine of the vehicle. Evertite
or OPW fill couplings or the equivalent must be used when unloading
flammable liquids from tank truck to the storage tank. The driver
shall remain at the point of delivery to prevent spillage and overflow.
In the event of a spill or overflow, the Albion Fire Department and
Albion Fire Marshal shall be immediately notified.
(10)
In the event of an accidental spill or leak
of a flammable liquid in quantities of five United States gallons
or greater, whether or not it has entered the sewer systems, the Albion
Fire Department and Albion Fire Marshal shall be notified immediately.
(11)
A sufficient quantity of stay-dry absorbent
shall be kept on the premises at all times for flammable liquid spills
and should be used for this purpose, instead of flushing with water.
(12)
The telephone number of the owner, lessee or
station operator shall be posted on the door in a conspicuous location
so that proper notification can be made in the event of an emergency.
(13)
All tanks containing flammable liquids must
be tested weekly for water infiltration, and records shall be kept
on the premises showing the date, hour, person completing the test
and the test results. This record must be kept on the premises for
examination by the Fire Marshal. In the event that any test shows
water present in the tank, the Fire Marshal shall be notified immediately.
Such water may not be removed until released by the Fire Marshal.
The Fire Marshal shall provide a report to the Fire Chief within 48
hours of the initial report.
(14)
Accurate daily inventory records shall be maintained
and reconciled on all Class 1 liquids and diesel fuel storage tanks
for indication of possible leakage from tanks or piping. The records
shall be maintained on the premises for examination by the Fire Marshal
and shall include, at a minimum, records showing, by product, daily
reconciliation between sales, use, receipts and inventory on hand.
If there is more than one tank system for any one product, the reconciliation
shall be maintained separately for each tank system.
I.
Dispensing restrictions.
(1)
The provisions of this subsection shall not prohibit
the dispensing of Class 1 and Class 2 liquids in the open from a fuel-dispensing
system supplied by an aboveground storage tank, not to exceed 2,000
gallons, located at commercial, industrial, governmental or manufacturing
establishments and intended for fueling vehicles used in connection
with their business. Such dispensing may be permitted, provided that:
(a)
An inspection of the premises and operations
has been made and approval for said operation granted by the Fire
Marshal.
(b)
The tank is safeguarded against collision, spillage
and overfill to the satisfaction of the Fire Marshal.
(c)
The tank is listed or approved for such aboveground
use by the Fire Marshal.
(d)
The tank complies with requirements for emergency
relief venting and the tank and dispensing system meet the electrical
classification requirements of the National Electrical Code.
(2)
Aboveground storage tanks.
(a)
Aboveground storage tanks may be installed upon
the approval of the Fire Marshal and as provided for in this subsection.
(b)
Except as modified by the provisions of this
subsection, aboveground storage tanks and their piping systems shall
comply with the applicable provisions of Chapters 2 and 3 of NFPA
30, Flammable and Combustible Liquids Code.
(c)
Only aboveground storage tanks shall be used.
Tanks designed and built for underground use shall not be installed
for aboveground use. All aboveground storage tanks shall be enclosed
in a vault which is in compliance with this subsection.
(3)
Tank location and capacity.
(a)
Tanks storing Class 1 or Class 2 liquids at
an individual site shall be limited to a maximum individual capacity
of 2,000 gallons and an aggregate capacity of 4,000 gallons.
(b)
Tanks shall be located at least:
[1]
Twenty-five feet from the nearest principle
use located on the same property.
[2]
Twenty-five feet from any fuel dispenser.
[3]
Twenty-five feet from the nearest side of a
public way.
[4]
One hundred feet from any property line that
is or can be built upon, including the opposite side of a public way.
(c)
Tanks shall not be permitted on properties occupied
as one- or two-family dwellings.
(4)
Vaults.
(a)
Definition. "Vault" shall be defined as an enclosure,
either above or below ground grade, that contains an aboveground storage
tank and meets the requirements below:
[1]
The vault shall completely enclose each tank.
There shall be no openings in the vault enclosure except those necessary
for access to, inspection of and filling, emptying and venting of
the tank. The walls and floor of the vault shall be constructed of
reinforced concrete at least six inches (15 centimeters) thick. The
top shall be constructed of noncombustible material. The top and floor
of the vault and the tank foundation shall be designed to withstand
the anticipated loading. The walls and floor of any vault installed
below grade shall be designed to withstand anticipated soil and hydrostatic
loading. The vault shall be substantially liquidtight, and there shall
be no backfill around the tank.
[2]
Each vault and its tank shall be suitably anchored
to withstand uplifting by groundwater or flooding, including when
the tank is empty.
[3]
The vault shall be designed to be wind and earthquake
resistant, in accordance with good engineering practice. The vault
shall be resistant to damage from impact of a motor vehicle or suitable
collision barriers shall be provided.
[4]
Each tank shall be in its own vault. Adjacent
vaults may share a common wall.
[5]
Connections shall be provided to permit ventilation
of each vault to dilute, disperse and remove vapors prior to entering
the vault.
(5)
Tank filling operations.
(a)
Delivery operations shall comply with applicable
requirements of NFPA 385, Standard for Tank Vehicles for Flammable
and Combustible Liquids.
(b)
The delivery vehicle shall be separated from
any aboveground tank by at least 25 feet.
(c)
Tank filling shall not begin until the delivery
operator has determined ullage (available capacity).
(d)
If the delivery hose is connected directly to
the tank, the fill line at the tank shall be equipped with a tight-fill
device for connecting the hose to the tank to prevent or contain any
spill at the fill opening during delivery operations. Exception: a
tank that has a capacity that does not exceed 1,000 gallons need not
meet this requirement.
(6)
Dispensing of motor vehicle fuel.
(a)
Each service station open to the public shall
have an attendant or supervisor on duty whenever the station is open
for business.
(b)
Dispensing devices for Class 1 or Class 2 flammable
liquids shall be of the type approved by the Fire Marshal.
(c)
Dispensing of Class 1 or Class 2 flammable liquids
by persons other than the service attendant or supervisor shall be
prohibited, except at the self-service island.
(d)
All dispensing units shall be equipped with
the following:
[1]
A control device which will permit the pump
to operate only when the dispensing nozzle is removed from its bracket
on the dispensing unit and the switch for this dispensing unit is
manually activated. Said control device shall also stop the pump when
the nozzle has been returned to its bracket.
[2]
A means of being locked or otherwise inoperable
when the station is not open for business.
(7)
Service stations. In addition to the requirements
set forth herein for the storage and handling of motor vehicle fuel,
service stations shall also be subject to the following:
(a)
At the time of the application for a permit,
the applicant shall submit a full site plan or instrument survey of
the property, showing all tank locations, island setbacks and such
other and further information that may be necessary to determine compliance
with the provisions of this chapter.
(b)
Fuel dispensing pumps and nozzles shall be confined
to service islands with no more than three dispensing units per island,
each of which dispensing units shall utilize no more than two hoses
and nozzles per unit. Approved dispensing devices, such as, but not
limited to, coin-operated, card-operated and remote-preset types,
shall be permitted, provided that the dispensing of liquids is under
the direct supervision of a qualified attendant whose duties and qualifications
are set forth in the standards and guidelines established by the Fire
Marshal.
(8)
Self-service fuel dispensing stations. In addition
to the requirements of this chapter and the Uniform Code, self-service
fuel dispensing stations shall also be subject to the following:
(a)
The area where said liquids are actually dispensed
shall be equipped with the following:
[1]
A traffic mirror, of sufficient size, located
on each end of each pump island to give the attendant or supervisor
a clear and unobstructed view of each island, said mirrors to be installed
in locations approved by the Fire Marshal.
[2]
Closed circuit television monitoring of the
pump island may be permitted in place of the mirrors, provided that
the system meets with the approval of the Fire Marshal.
(b)
A two-way communication system of the public-address
type to facilitate direct communication between the attendant or supervisor
of the site and each pump island at all times that Class 1 liquids
are being dispensed.
J.
Hazardous chemicals.
(1)
The transportation of hazardous chemicals and other
dangerous articles by motor vehicles shall comply with the Department
of Transportation regulations.
(2)
Shipments whose origin and destination are outside
the Village of Albion are confined to the use of state highways.
(3)
Shipments of an intratown nature, either originating
in or destined for a Village of Albion location, shall follow a route
designated by the Fire Marshal.
(4)
The Fire Marshal shall notify the Fire Chief, in writing,
of said shipment and route to be traveled.
K.
Explosives and blasting agents.
(1)
The storage of explosives and blasting agents is prohibited.
(2)
Establishment of motor vehicle routes for vehicles
transporting explosive and blasting agents.
(a)
Shipments whose origin and destination are outside
of the Village of Albion are confined to the use of state highways.
(b)
Shipments of an intratown nature, either originating
in or destined for a Village of Albion location shall follow a route
established by the Fire Marshal.
(c)
The Fire Marshal shall notify the Fire Chief,
in writing, of said shipment and route to be traveled.
L.
Handicap parking.
(1)
The Code Enforcement Officer shall establish and assign
the specific number of designated handicap parking spaces for public
and private parking lots and public and private streets, when applicable.
The specific number of handicap parking spots shall be established
pursuant to the criteria established in the New York State Uniform
Fire Prevention and Building Code and other generally accepted standards.
(2)
No person shall park, stand or stop a vehicle in designated
handicap parking space, unless the vehicle has been authorized to
do so, using the generally accepted standards.
(3)
Whenever a peace officer or law enforcement officer
discovers an unauthorized vehicle parked in a designated handicapped
parking spot, the vehicle will be ticketed for a parking violation
and/or removed, towed away and stored. Any such removal, towing and
storage herein provided may be performed by a 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.
The provisions of the Uniform Code and this
chapter relating to maintenance, housekeeping and behavior so as to
protect life and property against hazards of fire, explosion and release
of toxic gases or materials arising from storage, handling or use
of combustible, flammable or hazardous substances, materials or devices
shall apply equally to new and existing buildings and conditions.
The Code Enforcement Official shall have the
authority to permit the continuance of preexisting conditions not
in strict compliance with the terms of this chapter where the exceptions
do not constitute a distinct hazard to life and/or property.
A.
The Fire Marshal, with the approval of the Planning
Board, may modify any provision of this chapter upon application,
in writing, by the owner or lessee or duly authorized agent when there
are practical difficulties in the way of applying the strict letter
of this chapter, provided that the spirit of this chapter shall be
observed, public safety secured and substantial justice done. A copy
of the decision from the Planning Board shall be filed with the Bureau
of Code Enforcement and Fire Prevention.
B.
Whenever the Code Enforcement Official shall disapprove
an application or refuse to grant a permit applied for when it is
claimed that the provisions of the Uniform Code do not apply or that
the intent and meaning of the Uniform Code have been misconstrued
or misinterpreted, the person affected may appeal the decision of
the Code Enforcement Official to the New York State Board of Review,
established under the applicable provisions of the New York State
Executive Law, § 381.
C.
The procedures 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 or the Uniform Code has been corrected, when such
hazard or existence of such violation constitutes, in the opinion
of the Fire Marshal, a distinct hazard to life and property or public
safety.
A.
Work for which a building permit has been issued under
this chapter shall be subject to inspections by a Code Enforcement
Officer or Fire Marshal for approval prior to enclosing or covering
any portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing,
heating and air conditioning. It shall be the responsibility of the
owner, applicant or the agent thereof to inform the Bureau of Code
Enforcement and Fire Prevention that the work is ready for inspection
and to schedule such inspection.
B.
An inspection of a building, dwelling or structure
shall be performed at any other time upon:
(1)
The request of the owner or authorized agent.
(2)
The receipt of a written statement specifying grounds
upon which the subscriber believes one or more violations of the New
York State Uniform Fire Prevention and Building Code exists.
(3)
The receipt of other reasonable and reliable information
which leads the Code Enforcement Officer or Fire Marshal to believe
such violations exist.
A.
The Code Enforcement Official shall keep permanent
official records of all transactions conducted by the officer, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspections reports, all rules
and regulations promulgated by the Village of Albion and notices and
orders issued. All such reports be public information and available
for public inspection during normal business hours.
B.
The Code Enforcement Officer shall submit a monthly
written report on all business conducted to the Director of Community
Development of the Bureau of Code Enforcement and Fire Prevention.
An annual report shall be submitted to the Director of Community Development
recapping business conducted by the Code Enforcement Officer from
June 1 through May 31.
[Amended 4-12-2000 by L.L. No. 1-2000]
A.
Whenever the Code Enforcement Officer or Fire Marshal
has reasonable grounds to believe that work on any building or structure
is being performed in violation of the provisions of the New York
State Uniform Fire Prevention and Building Code or other applicable
state and local laws, rules and regulations or is not being performed
with the provisions of an application, plans or specifications of
a building permit which has been issued under this chapter or is being
performed in an unsafe and dangerous manner, the Code Enforcement
Officer or Fire Marshal shall notify the owner or the owner's authorized
agent to suspend all work. Such persons shall immediately stop such
work and suspend all building activities until such time as the stop-work
order has been rescinded. All stop-work orders and notices shall be
in writing and shall state the conditions under which the stop-work
order will be rescinded and work resumed. A stop-work order shall
be served upon a person to whom it is directed, either by delivering
it personally or by posting the same upon the building or structure
in a conspicuous place and sending a copy to the person, firm or corporation
responsible for the work by certified mail.
A.
Any person who shall willfully fail to comply with
a written order of the Code Enforcement Officer or Fire Marshal within
the time frame fixed for compliance herewith and any owner, builder,
architect, contractor, subcontractor, plumber, construction superintendent,
tenant or their agents or any other person taking part or assisting
in the construction or use of any building or structure who shall
violate any applicable provisions of this chapter or any lawful order,
notice, directive, permit or certificate issued by the Code Enforcement
Officer or Fire Marshal or, in addition to any other penalties provided
for in this chapter, any person who shall violate any provisions of
this chapter, the New York State Uniform Fire Prevention and Building
Code, any rules, regulations or laws adopted pursuant to this chapter
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder by the Code Enforcement
Officer or Fire Marshal shall severally, for each and every violation,
be guilty of a misdemeanor punishable by a fine of not more than $1,000
or imprisonment of not more than one year, or both such fine and imprisonment.
The imposition of a 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 day that the
prohibited condition(s) or violation(s) continue shall constitute
a separate offense. The imposition of any such penalty shall not be
held to prohibit the enforced removal of the prohibited conditions
by any appropriate remedy as specified by this or other state or local
laws, rules, regulations or by immediate application of an injunction.
B.
An action or proceeding in the name of the Village
of Albion, Orleans County, New York, 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; any local law, rules
or regulation adopted subsequent to this chapter; or 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.
C.
The Code Enforcement Officer and Fire Marshal shall
have the authority, pursuant to Article 150 of the Criminal Procedure
Law, to issue an appearance ticket subscribed by the Code Enforcement
Officer or Fire Marshal directing a designated person to appear in
a designated criminal court at a designated future time in connection
with the alleged commission of a designated violation of this chapter,
The New York State Uniform Fire Prevention and Building Code or any
other applicable local or state law, rules, regulation or any order
made thereunder.
D.
The Code Enforcement Officer and Fire Marshal are
hereby granted authority to request a search warrant from any court
of competent jurisdiction, pursuant to the Criminal Procedure Law,
when the Code Enforcement Officer or Fire Marshal is denied access
to a building or structure, where there is probable cause to carry
out the inspection of the building or structure as the result of a
bona fide complaint, requirement of this chapter or as a result of
the issuance of a building permit. The Code Enforcement Officer or
Fire Marshal shall be accompanied by a police officer, who shall deliver
the search warrant and accompany the Code Enforcement Officer or Fire
Marshal during the inspection.
