A Bureau of Fire Prevention is hereby established
which shall be operated under the supervision of the Fire Marshal.
There shall be appointed as many Deputy Fire Marshals as may be necessary
to assist the Fire Marshal in his duties. The Fire Marshal and his
deputies, if any, shall administer and enforce the Fire Prevention
Code of the Incorporated Village of Port Jefferson, including any
other code or sections thereof incorporated therein by reference,
and shall issue notices, orders, summonses and/or appearance tickets
and make inspection in connection therewith. The duties, other than
those duties provided for in this chapter, and the compensation of
the Fire Marshall and his deputies, if any, shall be as prescribed
and determined by resolution of the Board of Trustees.
The Fire Marshal and any inspector of the Bureau
of Fire Prevention may, at all reasonable hours, enter any public
or commercial building or premises for the purpose of making any inspection
or investigation which, under the provisions of this chapter, he or
they may deem necessary to be made.
A.
It shall be the duty of the Fire Marshal to inspect
or cause to be inspected by the Bureau of Fire Prevention all buildings
and premises, except the interiors of one-family dwellings, as follows:
(1)
Structures with areas of public assembly, as defined
in Part 606 of Title 9 of the Official Compilation of Codes, Rules
and Regulations, at least once every 12 months.
(2)
All other buildings, uses and occupancies (except
one-family dwellings) shall be inspected at least once every 24 months.
(3)
An inspection of a building or a dwelling unit shall
be performed at any other time upon:
B.
The Fire Marshal and the Bureau of Fire Prevention
shall cooperate with the Board of Fire Commissioners of Port Jefferson
Fire District and other officers of said fire district in making inspections
within the Village of Port Jefferson and shall inspect any buildings
and premises within the Village of Port Jefferson at the request of
the Board of Fire Commissioners or of the Chief of the Port Jefferson
Fire Department.
C.
Nothing contained in this chapter shall be construed
as in any way limiting or restricting the power of the Board of Fire
Commissioners or of any fire district officer to make inspections
or investigations pursuant to law.
Whenever the Fire Marshal or the Bureau of Fire
Prevention shall find, in any building or upon any premises, dangerous
or hazardous conditions or materials as follows, he or it shall order
such dangerous conditions or materials to be removed or remodeled
in such manner as may be specified by the Fire Marshal:
A.
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D.
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E.
Obstructions to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the operations of the Port
Jefferson Fire Department or egress of occupants in case of fire.
F.
The maximum number of occupants permitted within assembly
spaces shall be established by the Fire Marshall and shall be conspicuously
posted in each space, and shall not be exceeded. It shall be the responsibility
of the manager or person in charge to ensure that the occupant load
does not exceed the number established by the Fire Marshall.
[Added 3-10-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law renumbered former
Subsection F as Subsection G.
G.
Any building or other structure which, for want of
repairs, lack of adequate exit facilities, automatic or other fire
alarm apparatus or fire-extinguishing equipment or by reason of age
or dilapidated condition or from any other cause, creates a hazardous
condition.
Service of orders and legal process shall be
as follows:
A.
The service of orders and legal process for the correction
of violations of this chapter or the service of notices, summonses
and/or appearance tickets for violations of this chapter shall be
made upon the owner, occupant or other person responsible for the
conditions, either by delivering a copy of the same to such person
or by delivering the same to and leaving it with any person in charge
of the premises, by affixing a copy thereof in a conspicuous place
on said premises. Whenever it may be necessary to serve such an order
by affixing a copy thereof in a conspicuous place upon said premises,
another copy thereof shall be mailed by certified mall, with return
receipt requested, within 24 hours of posting, to the person to whom
it is directed at his last known address or place of residence or
to the owner of the premises at the tax billing address on record
at the Incorporated Village of Port Jefferson.
B.
If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders or notices
or summonses and/or appearance tickets for violations or legal process
issued in connection with the enforcing of this chapter shall apply
to the occupant thereof, except where the rules or orders or notices
of violations require the making of additions to or changes in the
premises themselves such as would immediately become real estate and
be the property of the owner of the premises. In such cases, the rules
or orders or notices of violations shall affect the owner and not
the occupant unless it is otherwise agreed between the owner and the
occupant.
C.
Authorization to serve summons. Notwithstanding any provisions of the Uniform Justice Court Act, the Fire Marshal shall have the power to immediately issue and serve within the Village of Port Jefferson summonses, appearance tickets and/or subpoenas for violations of the Fire Code in cases arising in connection with the performance of his duties and violations of §§ 245-17A, 245-19 and 245-27 of this Code. Such service shall have the same force and effect as if served by a peace officer without his being a peace officer.
D.
Form of summons.
(1)
A summons issued and served pursuant to this chapter
shall be returnable in the Village Justice Court on the first or third
Tuesday of any month at 7:00 p.m. and shall be substantially in the
following form:
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INCORPORATED VILLAGE OF PORT JEFFERSON
SUMMONS
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|
Village Justice Court
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|
Village of Port Jefferson
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|
121 West Broadway
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Port Jefferson, New York 11777
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|
To:
| ||
|
Address:
| ||
|
| ||
|
YOUR ARE HEREBY SUMMONED to appear before the
Presiding Justice of the Incorporated Village of Port Jefferson at
121 West Broadway in the Village of Port Jefferson, County of Suffolk,
New York, on the __________ day of __________________, 19_____, at
_________________________p.m. to answer a charge made against you
for violation of Chapter ________________, Section _______________
of the Code of the Incorporated Village of Port Jefferson, in that
you did, on the ________ day of ________ _____________, 19 _______,
at (location)__________________________ commit the violation of ___________________________________.
Dated at Port Jefferson, N.Y. this ___________ day of ____________________________,
19 _______.
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|
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(Authorized Signature)
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UPON YOUR FAILURE TO APPEAR, A WARRANT MAY BE
ISSUED FOR YOUR ARREST
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(2)
This summons shall be in triplicate, with the original
being served upon the defendant, the second copy sent to the Court
along with the accusatory instrument and the third kept in the files
of the Fire Marshal.
The Bureau of Fire Prevention shall investigate
the cause, origin and circumstances of every fire occurring in the
Village of Port Jefferson which:
A.
A permit shall constitute permission, in writing,
to manufacture, maintain, store, handle or keep explosives, chemicals,
flammable liquids and gases or other hazardous materials, or to use,
install or conduct processes or carry on operations involving or creating
conditions which are or may be hazardous to life or property, or to
install equipment used in connection with such activities. Such permit
shall not take the place of any other license required by law and
shall not be transferable. Each permit shall be limited to the purposes
and materials set forth in the face thereof and any change in use
or occupancy of premises shall require a new permit.
B.
Before any permit, other than a household or commercial
burning permit, may be issued, the Bureau of Fire Prevention shall
inspect and approve the receptacles, equipment, vehicles, buildings,
premises or storage places to be used. In cases where the approval
of any other governmental agency is required, no permit shall be issued
until satisfactory evidence of such approval has been submitted by
the applicant.
C.
All applications for a permit required by this chapter,
other than an application for a household or commercial burning permit,
shall be made to the Fire Marshal in such form and detail as he shall
prescribe. Applications for permits shall be accompanied by such plans
as required by the Fire Marshal. An application for a household or
commercial burning permit may be made to the Chief of the Port Jefferson
Fire Department. A permit shall not be issued for a period longer
than one year from the date thereof.
D.
Permits shall at all times be kept on the premises
designated therein and shall at all times be subject to inspection
by the Bureau of Fire Prevention and any officer of the Fire or Police
Department.
E.
One permit only shall be required by establishments
dealing in or using two or more flammable, combustible or explosive
materials to be kept in the establishment at any one time, but each
of the materials shall be listed in the permit.
F.
A copy of each permit, together with the application
and plans upon which it is based, shall be delivered by the Fire Marshal
forthwith to the Chief of the Port Jefferson Fire Department.
G.
The Fire Marshal may revoke any permit or approval
issued, and the Chief of the Port Jefferson Fire Department may revoke
a household or commercial burning permit issued by him, if any violation
of this chapter is found upon inspection or in case there has been
any false statement or misrepresentation as to a material fact in
the application or plans on which the permit or approval was based.
A.
All persons, corporations or other entities owning
businesses in the Village of Port Jefferson and their landlords shall
file a certificate of registration with the Fire Marshal in accordance
with regulations as he shall prescribe.
B.
A new certificate of registration shall be filed with
the Fire Marshal whenever any of the following situations occur:
(1)
There is a change in the ownership of the business
being conducted.
(2)
There is manufactured, maintained, handled or kept
chemicals, explosives, flammable liquids, gases or other hazardous
materials which were not included in any previously issued certificate
of registration.
(3)
There is an alteration in the type of business or
the activities for which a certificate of registration had been previously
issued.
A.
Fire drills shall be held at least once every two
months in institutional occupancies where such occupancies constitute
the major occupancy of a building. During severe weather, fire drills
may be postponed. A record of all fire drills shall be kept by persons
in charge of such occupancies.
B.
In institutional occupancies, fire drills shall be
conducted to familiarize operating personnel with their assigned positions
of emergency duty. Complete evacuation of occupants from the building
at the time of the fire drill shall be required only where it is practicable
and does not involve moving or disturbing persons under medical care.
This chapter shall not be construed to subject
the Village of Port Jefferson or the Port Jefferson Fire District
or the Port Jefferson Fire Department, or any officers or employees
thereof, to any civil or other liability for any damage to persons
or property by reason of the inspection or reinspection authorized
herein or failure to inspect or reinspect or the permit issued as
herein provided or by reason of the approval or disapproval of any
equipment authorized herein.
A.
It shall be the duty of the Village Fire Marshal,
in conjunction with the Chief of the Fire Department, to inspect or
cause to be inspected by the Bureau of Fire Prevention all exterior
areas adjacent to or adjoining any structure or building, except one-family
dwellings, and any and all Village streets for the purpose of designating
said areas or portions thereof as fire zones or lanes. Any areas so
designated shall be plainly defined and marked as such fire lanes
or zones.
B.
No person shall park or leave standing any vehicle
in any area marked or designated as a fire zone or fire lane, nor
shall any area so designated be used for the storage of any material
or used in any way that will obstruct the same or render the same
inaccessible by and to emergency vehicles.
Whenever the Fire Marshall shall disapprove
an application or refuse to grant a permit applied for or when it
is claimed that the provisions of the chapter do not apply or that
the true intent and meaning of the chapter has been misconstrued or
wrongly interpreted, the applicant may appeal to the New York State
Regional Board of Review in accordance with its rules.
A.
A person, including the owner, occupant, general agent, contractor, lessee, tenant or person in charge of an entire building, structure or premises where a violation of the provisions of this chapter has been committed or shall exist, and including the owner, occupant, general agent, contractor, lessee, tenant or person in charge of any part of a building, structure or premises in which a violation of the provisions of this chapter has been committed or shall exist, and including any other person who knowingly commits, takes part or assists in any such violation or who maintains a building, structure or premises in which any violation shall exist, who fails to comply with any order of the Fire Marshal or the Bureau of Fire Prevention following the receipt of said order, shall be deemed to have violated this chapter, and shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
[Amended 1-5-2015 by L.L.
No. 1-2015]
B.
Each day that there has been a failure to comply with
said order shall constitute a separate and distinct violation.
C.
Each day that a violation of this chapter occurs or
continues shall constitute a separate and distinct violation.
D.
In addition to the penalty provided for violation
of this chapter or any ordinance, any appropriate action or proceeding
may be instituted or taken to prevent an unlawful construction, erection,
alteration, repair, maintenance or use, or to restrain, correct or
abate any violation, or to prevent the occupancy of any such building,
structure or premises, or to prevent any illegal act, conduct, business
or use in or about such building, structure or premises.
