It is the purpose of this chapter to prescribe regulations for the safeguarding
of life and property from the hazards of fire and explosion arising from the
storage, handling and use of hazardous substances, materials and devices and
from conditions hazardous to life or property in the use or occupancy of buildings
or premises.
[1]
Editor's Note: In addition to the provisions contained in this
chapter, this legislation also provided for the acceptance of the provisions
of the State Uniform Fire Prevention and Building Code not covered herein.
Pursuant to § 379 of the Executive Law, the town petitioned the
state 6-18-1984 to retain the provisions contained herein. On 3-19-1986, the
State Fire Prevention and Building Code Council approved the town's petition.
The provisions of this chapter shall apply equally to new and existing
conditions not in compliance with this chapter, except that existing conditions
not constituting an immediate district hazard to life or property may be permitted
to continue for a period not in excess of 10 years.
The Building Inspector of the Town of Mount Pleasant shall enforce the
provisions of this chapter. He shall be assisted in the performance of his
duties by inspectors appointed by the Town Board of the Town of Mount Pleasant.
Any Fire Department or fire district may recommend to said Town Board qualified
persons for appointment as such inspectors.
The Chief of the Fire Department, the Building Inspector or any inspector
may, at all reasonable hours, enter any building or premises for the purpose
of making an inspection or investigation.
It shall be the duty of the Chief of the Fire Department to inspect,
or cause to be inspected, by Fire Department officers or members all buildings
and premises, except the interiors of dwellings, as often as may be necessary
for the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire or endanger life from fire or any violations of the provisions
of this chapter and of any ordinance affecting the fire hazard.
Whenever there shall be found in any building or upon any premises any
of the following dangerous or hazardous conditions or materials, such dangerous
conditions or materials shall be removed or remedied upon order of the Building
Inspector:
A.Â
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B.Â
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.Â
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D.Â
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E.Â
Obstructions to or on fire escapes, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
F.Â
Any building or other structure which, for want of repairs,
lack of sufficient fire escapes or other 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.
The service of orders for the correction of violations of this chapter
shall be made upon the owner, occupant or other person responsible for the
conditions, either by delivering a copy of same to such person or by delivering
the same to and leaving it with any person in charge of the premises or, in
case no such person is found upon the premises, by affixing a copy thereof
in a conspicuous place on the door to the entrance of the said premises. Whenever
it may be necessary to serve such an order upon the owner of premises, such
order may be served either by delivering to and leaving with said person a
copy of said order or by sending such copy by registered mail to the owner's
last known post office address.
A.Â
A permit shall constitute permission to maintain, store
or handle materials or to conduct processes which produce conditions hazardous
to life or property or to install equipment used in connection with such activities.
Such permit does not take the place of any license required by law. It shall
not be transferable, and any change in use or occupancy of premises shall
require a new permit.
B.Â
Before a permit may be issued, the Building Inspector,
the Chief of the Fire Department or his assistants shall make or cause to
be made such inspections or tests as are necessary to assure that the provisions
of this chapter are complied with.[1]
Unless otherwise expressly stated, the following terms shall, for the
purpose of this chapter, have the meanings indicated in this section:
Accepted by the Building Inspector as a result of investigation and
experience or by reason of test.[1]
A system which automatically detects a fire condition and actuates
a fire alarm signal device.
The time in hours that the material or construction will withstand
the standard fire exposure as determined by a fire test.
Any container approved by the Interstate Commerce Commission for
shipping any liquid, gaseous or solid material of a flammable, toxic or other
hazardous nature.
Includes his duly authorized agent or attorney, a purchaser, devisee,
fiduciary and a person having a vested or contingent interest in the property
in question.
Includes a corporation and copartnership as well as an individual.
This chapter shall not be construed to hold the municipality responsible
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.
