§ 91-1. Adoption of
Fire Prevention Code.
There is
hereby adopted by the Board of Trustees of the Village for the purpose of
prescribing regulations governing conditions hazardous to life and property
from fire or explosion, that certain code known as the Fire Prevention Code
recommended by the American Insurance Association, being particularly the 1970
edition thereof, annexed hereto and made a part hereof, and from the effective
date of this chapter, the provisions thereof shall be controlling within the
limits of the Village except such portions as are hereinafter deleted, modified
or amended by § 91-7 of this chapter.
§ 91-2. Designation of
enforcement officer.
A. The
Fire Prevention Code shall be enforced by the Fire Chief.
B. The
Fire Chief may detail such members of the Fire Department as inspectors as
shall from time to time be necessary. The Fire Chief shall recommend to the
Board of Trustees the employment of technical inspectors whenever he deems it
necessary or appropriate.
C. A
report of the Fire Chief shall be made annually and transmitted to the Board of
Trustees concerning all proceedings under the Fire Prevention Code, with such
statistics as the Fire Chief may wish to include therein; the Fire Chief shall
also recommend any amendments to the Code which, in his judgment, shall be
desirable.
§ 91-3. Definitions.
A. Wherever
the word "Municipality" is used in the Fire Prevention Code, it shall
mean the Village of New York Mills, New York.
B. Whenever
the term "Corporation Counsel" is used in the Fire Prevention Code,
it shall be held to mean the Village Attorney or Attorney of the Village of New
York Mills, New York.
C. Wherever
the words "Chief of the Bureau of Fire Prevention" or "Bureau of
Fire Prevention" are used, they shall be held to mean the Fire Chief as
the Enforcement Officer of this chapter.
§ 91-4. Districts in
which storage of explosives and blasting agents is prohibited.
The limits
referred to in Section 12.5b of the Fire Prevention Code, in which storage of
explosives and blasting agents is prohibited, are hereby established as
follows: All that portion of the Village specified in Chapter 200, Zoning, of
this Municipal Code, as R-1 Residential, R-2 Residential, R-3 Residential, C-1
Retail Commercial, C-2 General Commercial, P-R Residential and P-C
Commercial.
§ 91-5. Districts in
which storage of flammable liquids in outside above-ground tanks is prohibited.
A. The
limits referred to in Section 16.22a of the Fire Prevention Code in which
storage of flammable liquids in outside above-ground tanks is prohibited, are
hereby established as follows: All that portion of the Village designated as
C-1 Retail Commercial in Chapter 200, Zoning, of this Municipal Code.
B. The
limits referred to in Section 16.61 of the Fire Prevention Code, in which new
bulk plants for flammable or combustible liquids are prohibited, are hereby
established as follows: All that portion of the Village designated as R-1
Residential, R-2 Residential, R-3 Residential, C-1 Retail Commercial, C-2
General Commercial, P-R Residential and P-C Commercial.
§ 91-6. Establishment
of limits in which bulk storage of liquefied petroleum gases is restricted.
The limits
referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage
of liquefied petroleum gas is restricted, are hereby established as follows:
All that portion of the Village designated as R-1 Residential, R-2 Residential,
R-3 Residential, C-1 Retail Commercial, C-2 General Commercial, P-R Residential
and P-C Commercial.
§ 91-7. Amendments made
in the Fire Prevention Code.
The Fire
Prevention Code is amended and changed in the following respects:
A. Section
28.1 is amended to read as follows:
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Section 28.1 Outdtoor fires.
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Outdoor fires are prohibited except as
otherwise provided in Article II of Chapter 52, entitled "Air
Pollution" of the Municipal Code.
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§ 91-8. Modifications.
The Fire
Chief shall have power to modify any of the provisions of the Fire Prevention
Code upon application in writing by the owner or lessee, or his duly authorized
agent, when there are practical difficulties in the way of carrying out the
strict letter of the Code, provided that the spirit of the Code shall be
observed, public safety secured, and substantial justice done. The particulars
of such modification when granted or allowed and the decision of the Fire Chief
thereon shall be entered upon the records to be filed in the Village Clerk's
office and a signed copy shall be furnished the applicant.
§ 91-9. Appeals.
Whenever the
Fire Chief shall disapprove an application or refuse to grant a permit applied
for, or when it is claimed that the provisions of the Code do not apply or that
the true intent and meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Fire Chief to
the Board of Trustees within 30 days from the date of the decision appealed.
§ 91-10. New materials,
processes or occupancies which may require permits.
The Fire
Chief and the Code Enforcement Officer shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies which shall require permits in addition to
those now enumerated in the Code. The Fire Chief shall post such list in a
conspicuous place in his office and distribute copies thereof to interested
persons.
§ 91-11. Penalties for
offenses.
A. Any
person who shall violate any of the provisions of the Fire Prevention Code
hereby adopted or fail to comply therewith, or who shall violate or fail to
comply with any order made thereunder, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which no
appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the Board of Trustees or by a court of competent
jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance respectively, be guilty of a violation,
punishable by a fine of not more than $250. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue; and all
such persons shall be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each 10 days that
prohibited conditions are maintained shall constitute a separate offense.
B. The
application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
