[HISTORY: Adopted by the Common Council of the City of Lockport 5-8-1963.
Section 108-7 amended during codification; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 98.
As used in this chapter, the following terms shall have the meanings
indicated:
The use of powders, sprays or baits for the destruction of rodents,
vermin, fungi, insects or other pests.
A person who for hire engages in the actual work of applying powders,
sprays or baits for the destruction of rodents, vermin, fungi, insects or
other pests.
Includes any substance which by itself or in combination with any
other substance emits or liberates a gas, fume or vapor used for the destruction
or control of insects, fungi, vermin, germs, rodents or other pests and is
distinguished from insecticides and disinfectants which are essentially effective
in the solid or liquid phases.
The use of fumigants in buildings, vessels or enclosed spaces for
the destruction or control of insects, fungi, vermin, germs, rodents or other
pests.
A person who engages in the actual work of liberating any fumigant
in fumigating any building, vessel or enclosed space.
No one shall store any fumigant in any place other than a separate,
well-ventilated room approved for the purpose by the Chief of the Fire Department
and the Health Department. On all doors leading to any such room, there shall
be posted conspicuous signs bearing the skull and crossbones and the words
DANGER! FUMIGANT STORAGE in red letters not less than two inches high on a
white background. No one shall store any flammable liquid or poisonous solid
or liquid used for extermination in any place other than a separate room approved
for the purpose by the Chief of the Fire Department and the Health Department,
provided that such substances for use only on the premises where stored may
be kept in a separate locker approved by the Health Department and the Chief
of the Fire Department. On all doors leading to any such room or locker, there
shall be posted conspicuous signs bearing the skull and crossbones and the
words DANGER! STORAGE OF FLAMMABLES AND POISONS in red letters not less than
two inches high on a white background. Any such room or locker shall at all
times when not in charge of a competent person present thereat be securely
locked against entry.
A.
The Health Officer shall prohibit any fumigation when,
in his judgment, such action is necessary to protect the public health and
safety.
B.
No person shall remain in any building, vessel or enclosed
space during the period of fumigation thereof; provided that where the part
to be fumigated is locked and warning signs are posted as elsewhere herein
provided, persons may remain in other parts when deemed by the Health Officer
to be safe.
C.
The fumigator shall, at least 24 hours prior to fumigation,
notify, in writing, every occupant of the premises to be fumigated and every
person within any surrounding area in which human life may be endangered by
the fumigation of the time of fumigation.
D.
The fumigator shall immediately prior to fumigation cause
a careful examination to be made of all parts of the place to be fumigated
and of the surrounding area in which human life may be endangered by the fumigation
to see that no person remains therein.
E.
The Health Officer may require the use of five-percent
chloropicrin or any warning gas in conjunction with the fumigant.
Before fumigation is commenced, the following regulations shall be complied
with:
A.
Danger signs. Prior to fumigation, suitable warning signs
shall be posted on all doors, entrances and exits to the premises to be fumigated
and upon all gangplanks and ladders from the dock, pier or land to the ship,
as follows:
(1)
Such signs shall be 18 inches by 13 inches, printed in
red on white background with letters in headlines at least two inches in height,
in form and substance substantially as follows:
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DANGER FUMIGATING WITH (NAME OF GAS) DEADLY POISON
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All persons are warned to keep away
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DO NOT ENTER
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(2)
At night, signs shall be illuminated so as to make the
reading matter thereon plainly legible.
B.
Where the Health Officer permits the presence of persons
in any portion of a building while another portion thereof is being fumigated,
all doors and entranceways to the portion to be fumigated shall be posted
as above required.
C.
All moist food and liquids, except such as are sealed
in airtight containers or compartments, shall be removed from the place to
be fumigated.
D.
It shall be the duty of the fumigator in charge of the
work on the premises to be fumigated to make a personal inspection and examination
of the premises. A thorough cleanup shall be made and all refuse, oily wastes
and other needless combustible material shall be removed prior to the sealing
of the premises. All cracks, crevices, openings and apertures in the walls,
ceilings and floors shall be properly and securely sealed in such manner as
to confine the fumigant exclusively to the building, ship or other similar
enclosed space intended to be fumigated, and all other practical precautions
necessary to protect and safeguard persons that may be exposed shall be taken.
E.
All fires, oil burners, flames, pilot lights and similar
sources of ignition shall be eliminated from the space under fumigation.
F.
If a fire occurs in the immediate vicinity, the Fire
Chief may at his discretion cause the building under fumigation to be immediately
ventilated by the fumigator. Ventilation shall take place at points furthest
from the fire.
A.
It shall be the duty of every person intending to generate
or release hydrocyanic acid gas or other poisonous, noxious or dangerous gases,
fumes or vapors so classified by the Board of Health, for the fumigation purposes,
to notify, in writing, the Health Officer of the Board of Health or his authorized
agents of the location of the building to be fumigated, as well as its character,
and the day and hour when the work will be performed. Such notification must
be received in the office of the Lockport Health Department and permit obtained
at least 12 hours prior to the release of the gas.
B.
Notification in writing must be delivered to the Chief
of the Fire Department, not later than 4:00 p.m. on the day preceding the
release of the gas, of the location of the building to be fumigated and the
day and hour when the work will be performed.
C.
The Police Department shall be notified by telephone
not less than 12 hours in advance of the release of the gas, of the location
of the building to be fumigated and the day and hour when the work will be
performed.
D.
After proper notification to the Health, Fire and Police
Departments, the fumigator may proceed with the work only after having secured
the said written permit from the Health Department.
The Board of Health is hereby authorized to adopt rules and regulations
necessary to make effective the provisions of this chapter and protect the
people of the City of Lockport.
Violation of or failure to comply with any of the provisions of this
chapter or with any of the lawful rules and regulations of the Health Officer
prescribed pursuant thereto shall be punishable by a fine of not more than
$250 or by imprisonment for not more than 15 days, or both.
