[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 20-1979, effective 10-15-1979. Amendments noted where applicable.]
Building construction administration — See Ch. 48.
Health and safety — See Ch. 78.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
Fire Department bylaws and rules — See Ch. A143.
Rules and regulations of the Zoning Board of Appeals — See Ch. A150.
Rules and regulations for administration and enforcement of the Fire Prevention Code — See Ch. A152.
This chapter shall be known and may be cited as the "Fire Prevention Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the definitions of the terms used herein and the usage of words shall be the same as in the New York State Fire Prevention Code (hereinafter referred to as the "Fire Prevention Code" or "code") and in Chapter 138, Zoning, insofar as the same pertain. In case of conflict between Chapter 138 and the Fire Prevention Code, the provisions of the code shall take precedence.
Editor's Note: See Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Vol. 9(B).
The safeguarding of life and property from the hazards of fire, explosion or release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall hereafter be carried out in accordance with the provisions of the Fire Prevention Code and this chapter, applicable to the particular type of hazard involved.
Editor's Note: See Executive Law, Article 18-A.
The Fire Prevention Code is hereby adopted, to become effective in accordance with § 27 of the Municipal Home Rule Law, but in no event later than 60 days after the date of enactment of this section and chapter. Enactment of this section shall constitute the action required by law for acceptance of the applicability of the Fire Prevention Code, and a certified copy of this chapter, attached to the appropriate form for filing local laws, shall be filed by the Village Clerk in the office of the New York Secretary of State; the New York State Comptroller; and the New York State Building Code Council, Division of Housing and Community Renewal, Two World Trade Center, New York, New York 10047.
Editor's Note: Adoption of the Fire Prevention Code herein is intended to comply with the adoption procedures set forth in Executive Law §§ 392 and 374-a.
The Fire Prevention Code is hereby incorporated as fully as if set out at length, and the provisions thereof shall be controlling in connection with the condition, occupancy, maintenance, conservation, rehabilitation and renewal of existing buildings, structures and premises contained within the corporate limits of the Village of Sea Cliff, in addition to any provisions now in force or hereafter provided in the Code of the Village of Sea Cliff or any other laws; ordinances, rules or regulations of said Village.
This chapter shall provide the basic method for administration and enforcement of the Fire Prevention Code in the Village and shall establish powers, duties and responsibilities in connection therewith.
The position of Fire Prevention Inspector is hereby created. The Fire Prevention Inspector shall be a person appointed by the Mayor, responsible for the administration and enforcement of the Fire Prevention Code.
The Fire Prevention Inspector is hereby authorized to adopt, promulgate, amend and repeal rules and regulations for the purpose of administering and enforcing the code and fully implementing the provisions of this chapter. Such rules and regulations, and any amendment thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.
A fire safety permit is required and shall be obtained for the following:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments: bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (pyroxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet.
Combustible materials: to store, on any premises, 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.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible, in a period of six months or less.
Dust-producing plants: to operate any woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
Flammable and combustible liquids:
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or to paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
To initially install an oil burner and a fuel tank used in connection therewith and to replace a fuel oil tank connected to an oil burner.
To process, blend or refine flammable or combustible liquids.
Flammable finishings: spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
Gasoline service station: to operate a gasoline service station.
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or more than 1,000 pounds of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
Liquefied petroleum gas: each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installer shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection.
Lumberyards: to operate a lumberyard.
Magnesium: melting, casting or heat treating, machining or grinding more than 10 pounds of magnesium per working day.
Motor vehicle body repair shop: to operate a motor vehicle body repair shop.
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at atmospheric pressures and temperatures not exceeding approximately 1,400º F., which are heated with oil or gas fuel or which, during operating, contain flammable vapors from the material in the oven or catalytic combustion system.
Places of assembly: to maintain, operate or use a place of assembly.
Public garage: to operate a public garage.
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
Fire safety permits shall be issued by the Fire Prevention Inspector. The fee for and duration of such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application for a permit, which shall be in writing and shall be filed with the Fire Prevention Inspector.
Each permit shall specify:
A fire safety permit shall be prominently displayed on the premises for which it has been issued.
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
Permits shall continue in effect until revoked or for the period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
Revocation of permits. Permits may be suspended or revoked by the Fire Prevention Inspector if it is determined that there has been a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
The inclusion of a use in this section is intended to be illustrative only, and shall not operate to permit any such use in any part of the Village. Only such uses and structures as are specifically permitted under the Zoning Law shall be allowed in the Village.
The Fire Prevention Inspector shall conduct periodic inspections for compliance with the provisions of the Fire Prevention Code and this chapter.
The Fire Prevention Inspector, upon showing proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Any person interfering with or preventing or impeding the Fire Prevention Inspector from effecting entry into premises or upon vacant land in the course of the discharge of his duties shall be deemed guilty of a violation under the provisions of this Code. If entrance to make an inspection is refused or cannot be obtained, the Fire Prevention Inspector may apply to any court of competent jurisdiction for a warrant to make an inspection.
The Fire Prevention Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
Where practical difficulties or unnecessary hardships may result from enforcement of the Fire Prevention Code, appeals for variances or modifications therefrom consistent with the spirit of the code and not inconsistent with the requirements of the Executive Law may be made to the Zoning Board of Appeals, which is hereby empowered to hear such appeals and to vary or modify in whole or in part any provision of requirement of the Fire Prevention Code.
Editor's Note: See Executive Law § 391.
The Zoning Board of Appeals is hereby authorized to adopt, promulgate, amend and repeal rules and regulations governing its procedure and the transaction of its business for the purpose of fully implementing the provisions of this chapter. Such rules and regulations, and any amendment thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.
The Zoning Board of Appeals shall forward to the Fire Prevention Inspector, for his information, copies of all decisions on appeals made pursuant to this section. The Fire Prevention Inspector shall make such decisions part of his official records.
Any person owning, operating, occupying or maintaining property or premises subject to the regulation of the Fire Prevention Code or this chapter shall comply with all the provisions of the Fire Prevention Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Prevention Inspector finds that there has been a violation of the Fire Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter, a notice of violation shall be issued by the Fire Prevention Inspector to the person or persons responsible.
Notices of violation shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, shall indicate that the fire safety permit will be revoked if compliance is not had within such time limit and shall state the time within which an appeal for a variance may be made to the Board of Review. No fire safety permit shall be revoked while such an appeal is pending.
Notices of violation may be served by personal service upon, or by certified or registered mail to, the owner or his authorized agent at the premises or at the address given in the application for the fire safety permit issued therefor. Alternatively, notices of violation may be served by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof on the same day as posted, enclosed in a postpaid wrapper, addressed to the owner or his authorized agent at the premises or at the address given in the application for the fire safety permit issued therefor.
In case the person responsible shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, appropriate legal action shall be taken by the Fire Prevention Inspector.
Editor's Note: See Executive Law § 396.
An action or proceeding in the name of the Incorporated Village of Sea Cliff may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Fire Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter or a notice of violation issued pursuant thereto. Such remedy shall be in addition to penalties otherwise prescribed by law or this Code.