[Amended 12-17-1990 by L.L. No. 9-1990]
A.
The town official with prime responsibility for enforcement
of this chapter shall be the Fire Inspector. He shall be appointed by the
Town Board at the compensation to be fixed by the Board and shall be the head
of the Fire Prevention Department which is hereby established for the Town
of Newburgh. It shall be the duty of the Bureau of Fire Prevention, excluding
the current Fire Inspector and his designee, to review applications for the
Fire Inspector position and make recommendations to the Town Board.
B.
The Town Board may also appoint a town officer known
as a "Deputy Fire Inspector" to assist the Fire Inspector in exercising the
powers and duties of his office under said Fire Inspector's supervision.
The compensation of such Deputy Fire Inspector is to be fixed by the Town
Board.
The Fire Inspector shall be a person who shall have, as a minimum, successfully
completed an accredited two-year course in fire prevention and firesafety
or five (5) years' practical active experience in the field of fire prevention
and firesafety or an equivalent combination of training and experience. In
addition, he shall have a working knowledge of construction and the ability
to read blueprints, as well as meet the additional qualifications established
by the Town Board from time to time.
The Town Board may appoint one (1) or more Assistant Fire Inspectors,
as the need may appear, to act under the supervision of the Fire Inspector.
The compensation of such Assistant Fire Inspectors shall be fixed by the Town
Board.
Except as otherwise specifically provided by law, ordinance, code, rules
or regulations or except as herein otherwise provided, it shall be the duty
of the Fire Inspector to administer and enforce all of the provisions, law,
ordinances, codes and rules and regulations applicable to fire prevention
and also to exercise jurisdiction over the following:
A.
Generally.
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and other
private fire alarm systems and fire-extinguishing equipment where required.
(4)
The maintenance and regulation of fire escapes where
not otherwise covered by the New York State Multiple Residence Law.
(5)
The means and adequacy of exits, in case of fire, from
multiple dwellings, factories, schools, hotels, lodging houses, asylums, hospitals,
churches, halls, theaters and all other places in which numbers of persons
are employed, live or congregate for any purpose, from time to time.
(6)
The investigation of the cause, origin and circumstances
of a fire. The Fire Inspector shall be empowered to call for the assistance
of Fire Inspectors from other areas and shall, with the approval of the Supervisor
of the Town of Newburgh, go to other areas at the request of the Fire Inspector
of that area.
(7)
The issuance of fireworks permits pursuant to § 405.00
of the Penal Law.
B.
Propose regulations. The Fire Inspector shall also have
the power to propose regulations covering the aforesaid items to the Bureau
and the Town Board for consideration.
D.
Receipt of plans.
(1)
The Fire Inspector shall receive two (2) sets of building
and site plans for all new or renovated buildings, except private dwellings,
as well as subdivision roadway and utility plans, for review and approval
in accordance with applicable laws, ordinances, codes and rules and regulations
and in conjunction with the other town and state agencies having like jurisdiction.
(2)
The Fire Inspector shall be allowed ten (10) days for
review of the aforesaid plans. The Fire Inspector's recommendations,
as approved by the Fire Chief of the district affected when hydrants, water
mains and road locations are involved, shall be plainly shown on the plans
and signed by him. One (1) completed copy of the plan shall be returned to
the developer. In the event that no action has been taken within said ten-day
period, the plans shall be deemed to have been approved.
(3)
After the final plans are printed, the developer will
furnish two (2) copies to the Fire Inspector, who will review said plans within
two (2) working days and, if the changes are in accordance with his recommendation,
shall affix the approval stamp, sign and date the plan.
E.
Hydrant location recommendations. The Fire Inspector shall have the opportunity to recommend hydrant locations in new subdivisions, apartment projects, commercial areas, industrial areas and where new schools or churches are being constructed. Such recommendations shall be in line with the procedures listed in Subsection D above.
F.
Designation of no-smoking areas and sign requirements.
(1)
SMOKING
As used in this section, the following terms shall have
the meanings indicated:
Includes the use of a lighted pipe, cigar or cigarette.
(2)
Where, in the discretion of the Fire Inspector, conditions
are such as to make smoking a hazard in any areas, warehouses, stores, industrial
plants, institutions, places of assembly and in open spaces where combustible
materials are stored or handled, the Fire Inspector or his duly authorized
assistant shall be empowered and authorized to order the owner or occupant
to post and to enforce no-smoking signs in each building, structure, room
or place in which smoking shall be prohibited. Specific safe locations shall
be designated, if necessary, in any building, structure or place in which
smoking may be permitted.
(3)
It shall be a violation of this chapter for any person
to remove or deface any legally required no-smoking sign or to smoke in any
place where such signs are posted.
G.
Records and reports.[2]
H.
Appearance tickets. The Fire Inspector shall have the
authority, pursuant to Article 150 of the Criminal Procedure Law, to issue
an appearance ticket subscribed by him directing a designated person to appear
in a designated local criminal court at a designated future time in connection
with his alleged commission of a designated offense of any ordinance, local
law or provision of this Code that the Fire Inspector is required or authorized
to enforce.
I.
Other powers and duties. The Fire Inspector shall have
such other powers and perform such other duties as are set forth in other
sections of this chapter or other chapters of the Code of the Town of Newburgh.
