Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 91, FIRE PREVENTION

Body:

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:

 

  

 Section 28.1 Outdtoor fires.  

  

 Outdoor fires are prohibited except as otherwise provided in Article II of Chapter 52, entitled "Air Pollution" of the Municipal Code.    

   

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.