[HISTORY: Adopted by the City Council of the City of Jamestown as
indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 11 of the 1962 Code]
As used in this article, the following terms shall have the meanings
indicated:
The City of Jamestown, New York.
[Amended 8-12-1974; 11-1-1976; 3-21-1977; 9-16-1985]
For purposes of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, the New York State Uniform Fire
Prevention and Building Code and the Life Safety Code provisions of the National
Fire Prevention Association Code (NFPA Code 101), as such may be from time
to time amended, shall be applicable within the City of Jamestown and are
hereby adopted as ordinances of the City of Jamestown as though more fully
put forth herein.
[Amended 2-24-2003]
The provisions of the preceding section shall be enforced by the Bureau
of Fire Prevention in the Fire Department of the municipality, which Bureau
is hereby established and which shall be operated under the supervision of
the Chief of Police/Director of Public Safety.
[Amended 1-31-2000; 2-24-2003]
The Deputy Fire Chief and/or his designee may detail any member or members
of the Fire Department as inspectors as shall be necessary.
The Office of Public Safety of the municipality shall have the power
to modify any of the provisions of the National Fire Prevention Code, 1960
Edition, adopted as part of this chapter, upon application, in writing, by
the owner or lessee or his duly licensed agent, when there are practical difficulties
in the way of carrying out the strict letter of such provisions, provided
that the spirit of such provisions shall be observed, public safety secured
and substantial justice done. The particulars of such modification, when granted
or allowed, and the decision of the Office of Public Safety thereon shall
be entered upon the records of the Fire Department, and a signed copy shall
be furnished the applicant.
Whenever the Fire Department shall disapprove any application or refuse
to grant a permit applied for or when it is claimed that the provisions of
this article do not apply or that the true intent and meaning of this article
have been misconstrued or wrongly interpreted, the applicant may appeal the
decision of the Fire Department to the City Council within 30 days from the
date of the decision.
A.
The limits referred to in Section 16.22 of the National Fire Prevention Code, 1960 Edition, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: "Fire District" as established by Chapter 300, Zoning.
B.
The limits referred to in Section 16.51 of the National Fire Prevention Code, 1960 Edition, in which bulk plants for flammable liquids are prohibited, are hereby established as follows: areas designated as R-7, R-6, R-5, R-4, and R-3 by Chapter 300, Zoning.
C.
The limits referred to in Section 21.6a of the National Fire Prevention Code, 1960 Edition, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: areas designated other than F-1 by Chapter 300, Zoning.
D.
The limits referred to in Section 12.6b of the National
Fire Prevention Code, 1960 Edition, in which storage of explosives and blasting
agents is prohibited, are hereby established as follows: all areas except
as may be specifically permitted by the Chief of the Bureau of Fire Prevention
on a temporary basis.
[Amended 8-10-1992 by L.L.
No. 2-1992]
Any person who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any lawful order made hereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved pursuant to this article or any certificate or permit issued hereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction within the time fixed herein shall be severally, for each and every such violation and noncompliance respectively, be punished, upon conviction, by a fine as provided in § 1-1 of the Code. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
