LL #04-1981TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO.4, YEAR 1981
A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE FIRE PREVENTION
CODE IN THE TOWN OF WAPPINGER AND SHALL ESTABLISH
POWERS, DUTIES AND RESPONSIBILITIES IN CONNECTION
THEREWITH
BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County,
New York, as follows:
ARTICLE 1. APPLICABILITY
This Local Law shall provide the basic method for administration and
enforcement of the New York State Fire Prevention Code in the Town of
Wappinger and shall establish powers, duties and responsibilities in connection
therewith.
ARTICLE 2. ADMINISTRATION
There is hereby designated a Bureau of Fire Prevention, hereinafter referred
to as "the Bureau", to administer and enforce the State Fire Prevention Code
within the Town of Wappinger. The Bureau shall consist of seven (7) members.
Two (2) members, active firefighters, representing each fire district in the
Toon of Wappinger. The Town Board shall also designate the Town Building
Inspector as a member of the Bureau. The term of office of each fire
district member shall be two (2) years excepting that one member of each fire
district appointed in 1981 shall be for an initial term of one (1) year. Any
vacancy shall be filled for the balance of the term.
ARTICLE 3. RULES AND RE GULAT IONS
A. The Bureau may adopt rules and regulations, approved by the Town
Board, for the administration and enforcement of the New York State Fire
Prevention Code. Such rules and regulations shall not conflict with the New
York State Fire Prevention Code, this local law or any other provision of law.
B. The Bureau shall publish all rules and regulations at least twenty (20)
within the Town of Wappinger.
ARTICLE 4. PERMITS
A. Upon payment of a fee as prescribed in a schedule of fees adopted
by the Bureau and approved by the Town Board, permits shall be issued by
the Bureau and bear the name and signature of a member of the Bureau and
shall specify:
(1) Activity or operation for which permit is issued.
(2) Address or location where activity or operation is to be conducted.
(3) Name and address of permittee.
(4) Permit number and date of issuance.
(5) Period of permit validity.
B. Permits shall not be transferable, and any change in activity,
operation, location, ownership or use shall require a new permit.
C. Permits shall continue until revoked or for a period of time de-
signated at the time of issuance. An extension of the permit time period may
be granted, provided a satisfactory reason can be shown for failure to start
or complete the work or activity authorized within the required time period.
D. Revocation shall take palce when it has been determined by the Bureau
or the Building Inspector that there is nonconformance with the fire code or
any provision of this local law or there has been misrepresentation or falsifi-
cation of material facts on the application. Revocation shallbe by written
notice advising the permittee of violations found to exist.
E. Permits shall be obtained for the following:
(1) Acetylene generators. To operate an acetylene generator having a
calcium carbide capacity exceeding five (5) pounds.
(2) Automobile tire rebuilding plants. To operate an automobile tire
rebuilding plant.
(3} Automobile wrecking yards. To operate an automobile wrecking yard.
(4) Bowling establishments. For bowling pin refinishing and bowling
lane resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
(5) Cellulose nitrate motion -picture film. To store, keep or have
on hand more than twenty-five (25) pounds of cellulose nitrate motion -
picture film.
(6) Cellulose nitrate plastics (pyroxylin).
(a) To store, keep or have on hand more than twenty-five (25)
(pyroxylin), which shall include the use of cellulose nitrate plastics
(pyroxylin) in the manufacture or assembling of other articles.
(7) Combustible fibers. To store, handle or use combustible fibers
in quantities in excess of one hundred (100) cubic feet, except agricultural
products on a farm.
(8) Combustible materials. To store combustible materials, including
but not limited to empty combustible packing cases, boxes, barrels or
similar containers, rubber tires, baled cotton, rubber, cork or other
similar materials in excess of two thousand five hundred (2,500) cubic feet
gross volume, on any premises.
(9) Compressed gases.
(a) To store, handle or use at normal temperatures and pressures
more than:
gas; or
gas;
(1) Two thousand (2,000)cubic feet of flammable compressed
(2) Six thousnad (6,000) cubic feet of nonflammable compressed
(10) Cryogens. To store, handle or use cryogenic fluids, except cryogens
used as a motor fuel ans stored in motor vehicle tanks, as follows:
(a) Production, sale or storage of cryogenic fluids,
(b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers
or liquified oxygen in excess of ten (10) gallons.
(11) Dry-cleaning plants. To use in excess of four (4),gallons of
solvents or celaning agents classified as flammable or combustible.
(12) Dust -producing plants. To operate any grain elevator, flour, starch
or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa,
pounds of cellulose nitrate
plastics
(pyroxylin).
(b) To manufacture
articles
of cellulose nitrate plastics
(pyroxylin), which shall include the use of cellulose nitrate plastics
(pyroxylin) in the manufacture or assembling of other articles.
(7) Combustible fibers. To store, handle or use combustible fibers
in quantities in excess of one hundred (100) cubic feet, except agricultural
products on a farm.
(8) Combustible materials. To store combustible materials, including
but not limited to empty combustible packing cases, boxes, barrels or
similar containers, rubber tires, baled cotton, rubber, cork or other
similar materials in excess of two thousand five hundred (2,500) cubic feet
gross volume, on any premises.
(9) Compressed gases.
(a) To store, handle or use at normal temperatures and pressures
more than:
gas; or
gas;
(1) Two thousand (2,000)cubic feet of flammable compressed
(2) Six thousnad (6,000) cubic feet of nonflammable compressed
(10) Cryogens. To store, handle or use cryogenic fluids, except cryogens
used as a motor fuel ans stored in motor vehicle tanks, as follows:
(a) Production, sale or storage of cryogenic fluids,
(b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers
or liquified oxygen in excess of ten (10) gallons.
(11) Dry-cleaning plants. To use in excess of four (4),gallons of
solvents or celaning agents classified as flammable or combustible.
(12) Dust -producing plants. To operate any grain elevator, flour, starch
or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa,
Plastics, magnesium, spices, sugar, sulfur or other materials producing
explosive -potential dust.
(13) Explosive, ammunition and blasting agents.
(a) To manufacture, possess, store, sell or otherwise dispose of
explosives and blasting agents.
(b) To use explosives or blasting agents.
(c) To operate a teminal for handling explosives or blasting agents.
(14) Flammable and combustible liquids.
(a) To store, handle, or use flammable liquids in excess of six and
one-half (6 a) gallons inside dwellings, or in excess of ten (10) gallons in-
side any other building or other occupancy, or in excess of sixty (60) gallons
outside of any building. This provision shall not apply to: liquids in the
fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or
portable heating plant; paints, oils, varnishes or similar flammable mixtures
when such liquids are stored for maintenance, painting or similar purposes.
(b) To store, handle or use combustible liquids in excess of twenty-
five (25) gallons inside a building a building, or in excess of sixty (60)
gallons outside of a building. This provision shall not apply to fuel oil used
in connection with oil -burning equipment.
(c) A permit shall be obtained for the initital installation of an
oil burner and a fuel oil tank used in connection therewith. A permit shall be
required for the replacement of a fuel oil tack connected to an oil burner.
(d) For processing, blending or refining of flammable or combustible liquids.
(15) Flammable finishing. For spraying, coating or dipping operations
utilizing flammable or combustible liquids.
(16) Fruit ripening process. To conduct a fruit ripening process, using
ethylene gas.
(17) Fumigation and thermal insecticidal fogging. To conduct fumi-
gation or thermal insecticidal fogging operations.
(18) Hazardous chemicals.
r
(a) To store, handle or use more than fifty-five (55) gallons
of corrosive liquids, or more than fifty (50) pounds of oxidizing materials,
or more than ten (10) pounds of organic peroxides, or more than fifty (50)
pounds of nitromethane, or one thousand (1,000) pounds or more of ammonium
nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing
sixty percent (60`/0) or more of ammonium or any amount of toxic material or
poisonous gas.
(b) To store, handle or use any quantity of air -reactive, water -
reactive or unstable materials.
(19) Junkyards. To operate a junkyard.
(20) Liquified petroleum gas. For each installation of liquified
petroleum gas employing a container or an aggregate of interconnected containers
of over two thousand (2,000) gallons" water capacity, and for each permanent
installation, irrespective of size of containers, made`at buildings in which
twenty (20) or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain a record
of all installations and replacements of portable cylinders and have it avail-
able for inspection.
(21) Lumberyards. To operate a lumberyard.
(22) Magnesium. For melting, casting, heat treating, machining or grinding
of more than ten (10) pounds of magnesium per working day.
(23) Matches.
(a) To manufacture matches.
(b) To store matches in excess of twenty-five (25) cases. (Note:
One (1) case equals one (1) matchman's gross of fourteen thousand four hundred
(14,400) matches).
(24) Organic coatings. To perform organic coating operations utilizing
more than one (1) gallon of organic coating on any working day.
(25) Ovens and furnaces. To operate industrial processing ovens and
furnaces operating at approximately atmospheric pressures and temperature
not exceeding one thousand four hundred degrees Fahrenheit (1,400 degrees F.)
which are heated with oil or gas fuel or which during operation contain flamm-
able Vapors from the material in the oven oroatalytic combustion system.
(26) Places of assembly. To maintain, operate or use a place of assembly.
(27) Service Stations and repair garages. To operate a servie station
or repair garage.
(28) Welding and cutting. To operate a welding and cutting business.
A record of all locations where welding or cutting operations are performed
shall be maintained and kept available for inspection by the permit holder.
Consolidated permits. When more than one (1) permit is required
for the same property or premises, a single permit may be issued listing all
materials or operations covered. Revocation of a portion or portions of such
consolidated permit, for specfic hazardous materials or operations, shall not
invalidate the remainder.
Location of permits. Permits shall be kept on the property or pre-
mises covered by the permit or carried by the permit holder.
Revocation of permits. When it is determined there is a violation
of a condition under which the permit was issued or there has been misrepresen-
tation or falsification of material facts in connection with the permit appli-
cation or a condition of the permit or the building inspector, permits may be
suspended or revoked upon seven (7) days notice advising the permit holder of
the intended suspension and advising him he may protest in writing the super-
vision or revocation, provided that such answer or protest is delivered to the
building inspector no later than within seven (7) days of mailing. Such pro-
visions shall not be applicable in the event of an emergency.
ARTICLE 5. INSPECTIONS
A. The Bureau of Inspectors or its designated representatives appointed
by it shall conduct periodic inspections of any premise within the Town
of Wappinger to ascertain compliance with the provisions of the New York
State Fire Prevention Code. Such inspections may be made at any reasonable
time.
B. If entrance to make an inspection is refused or cannot be obtained,
the Bureau inspector may apply for a warrant to make an inspection to any
court of competent jurisdiction.
ARTICLE 6. ADDITIONAL DUTIES AND POWERS OF BUREAU
A. The Bureau of Fire Prevention shall designate any areas at, on or
near any interior street, roadway or driveway in which any obstruction due to
the parking or placing therein of any automobile,truck, motor vehicle or any
other physical object or material will cause interference with the ingress
and egress of fire -fighting equipment, or which will create a condition
dangerous to life or property in the event of fire. Such areas shall there-
upon be marked with standard police signs and/or such other markings deemed
necessary and proper by the Bureau,Andicating that said area is a restricted
fire zone. The parking of any automobile, truck, motor vehicle or any other
physical object or material within any such restricted fire zone is hereby
expressly prohibited. Said signs and markings shall be installed by and at
the expense of the owner of the property, and upon his failure to do so,
he shall be guilty of a violation of this local law and subject to the
enforcement provisions thereof. Notwithstanding and not in limitation of
any provision hereof, no automobile, truck or other motor vehicle, and no
physical object or material of any nature, shall be parked, placed or per-
mitted to remain for any length of time whatever within twenty (20) feet of
any fire hydrant or standpipe located at, on or near any interior street,
roadway or driveway within any premises classified under the zoning ordinance
as multiple residence.
B. The Bureau shall insure the inspection of all hydrants installed
within the Town of Wappinger, private or publically owned and that all fire
hydrants within the Town shall be subject to periodic testing. All hydrants
installed within the Town of Wappinger, private or publically owned and that
all fire hydrants within the Town 'shall be subject to periodic testing. All
hydrants shall be maintained in an operable condition and shall meet minimum
ISO fire flow standards for residences and they shall be clearly marked in all
weather and kept accessible for Fire Deparmtent use by the owners.
C. In addition, the following will be subject to review and approval
by the Bureau when not in conflict with applicable New York State, Dutchess
County or Town of Wappinger law:
(1) The minimum acceptable width of roads used as access or egress to
apartments, commercial or general business buildings or shopping area complexes.
(2) Hydrant locations in apartments, commercial or general business
buildings or shopping area complexes.
(3) Acess to the hydrants and availability of fire lanes to and adjacent
to apartments, commercial or general business building or shopping area com-
plexes.
(4) Smoking in places of public assembly.
(5) Allowable occupancy in places of public assembly.,
D. Approval in writing for conformance with existing fire prevention
ordinance or laws must be obtained from the Bureau before construction of
new multiple dwelling developments, apartment complexes, shopping centers or
commercial or general business buildings may be implemented.
ARTICLE 7. VIOLATIONS
A. A person owning, operating, occupying or maintaining property or
premises within the scope of the New York State Fire Prevention Code or this
chapter shall comply with all the provisions of the New York State Fire Pre-
vention Code, this chapter and all others, notices, rules, regulations or
determinations issued in connection therewith.
B. Whenever the Bureau or the Building Inspector finds that there has
been a violation of the New York State Fire Prevention Code, this chapter,
or any rule or regulationadopted pursuant to this chapter, a violation order
shall be issued to the person or persons responsible.
C. Violation orders shall be in writing; shall identify the property
or premises; shall specify the violation and remedial action to be taken;
shall provide a reasonable time limit for compliance; and shall state the
time within which an appeal may be taken.
D. Violation orders may be served by personal service, by mailing
by registered mail, or by posting a copy thereof in a conspicuous place
on the same day as posted, enclosed in a postpaid wrapper addressed to the
person responsible.
E. In case the owner, lessor, occupant or the agent of any of them
shall fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order, the owner shall be sub-
ject to the penalties prescribed in Article 8 of this local law.
F. Whenever the Bureau or building inspector, at any stage of the
proceedings instituted under the provisions of this local law, finds that
a violation exists which, in his opinion, requires immediate action to abate
a direct hazard or immediate danger to the health, safety, morals or welfare
of the occupants of a bgilding or of the public , he may, without prior notice
or hearing, issue an order citing the violation and directing that such
action be taken as is necessary to remove or abate the hazard or danger. Not-
withstanding any other provision of this chapter, such order shall be effective
immediately upon service and shall be complied with immediately or as other-
wise provided.
ARTICLE 8. PENALTIES FOR OFFENSES
A. Failure to comply with any provision of the New York State Fire Pre-
rr' vention Code, this chapter, rules or regulations adopted pursuant to this chapter
or a violation order shall be deemed a violation, and the violator shall be
liable for a fine of not more than two hundred fifty dollars ($250.00) or
imprisonment not to exceed fifteen (15) days, or both, and each day such
violation continues shall constitute a separate violation. Any person
found to be in violation shall also be subject to civil penalties in the
amount of $250.00 per day for each day any violation continues, and each
day shall constitute a separate violation.
B. An action or proceeding in the name of the Town of Wappinger may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the New
York State Fire Prevention Code, this chapter, rule or regulation adopted
pursuant to this chapter or a violation order, or to vacate the occupancy
or building in the case of imminent danger to life or property. Such remedy
shall be in additon to penalties otherwise prescribed by law.
ARTICLE 9. RECORDS
The Building Inspector shall keep official records of all permits,
inspection reports, recommendations, complaints and violation orders.
ARTICLE 10. REMOVAL OF DANGEROUS BUILDINGS AND STRUCTURES
A. A building or structure or part thereof which is an imminent danger
to life and safety of the public as a result of a fire or explosion is here-
by declared to be a public nuisance.
B. Whenever the Bureau finds a building or structure or part thereof
to be an imminent danger to life and safety of the public as a result of a
fire or explosion, the Bureau may cause it to be demolished and removed or
may cause such work to be done in and about the building or structure as may
be necessary to remove the danger.
C. The Bureau may require the occupants of any such building or
structure or part thereof to vacate the premises forthwith. No person shall
use or occupy such building or strgcture or part thereof until it is made safe.
Except for the owner, no person shall enter premises which have been ordered
vacated unless authorized to perform inspections, repairs or to demolish and
remove such building or structure or part thereof..
D. All costs and expenses incurred by the Town of Wappinger in connection
with any work done to remove the danger or in connection with the demolition
and removal of any such building or structure shall be assessed against the
land on which such building or structure is located, and a bill for such expenses
shall be presented to the owner of the property, or if the owner cannot be as-
certained, then such bill shall be posed in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If the owner
shall fail to pay for s&h expenses within ten (10) after the bill is presented
or posted a legal action may be brought to collect such assessment or to fore-
close such lien. As an alternative to the maintenance of any such action, the
Bureau may file a certificate of the actual expenses incurred as aforesaid, to-
gether with a statement identifying the property in connection with which the
expenses were incurred and the owner thereof, with the Assessor, who shall in
the preparation of the next assessment roll assess such amount upon such
property. Such amount shall be included in the levy against such property,
shall constitue a lien and shall be collected and enforced in the same manner,
by the same proceedings, at the same time and under the same penalties as is
provided by law for the collection and enforcement of real property taxes in
the Town of Wappinger.
ARTICLE 11. REPEALER
All ordinance or local laws, or parts thereof inconsistent with the pro-
visions of this local law are hereby repealed to the extent of such inconsist-
encies.
ARTICLE 12. SEVERABILITY
F, If any clause, sentence, paragraph, section or part of this local law
shall be adjudged by any court of competent jurisdiction to be invalid,
M.
such judgment shall not effect, impair or invalidate any other clause,
sentence, paragraph, section or part of this local law.
ARTICLE 13.
A. No liability shall be attributed to the Town of Wappinger, the Bureau
of Fire Prevention, the Fire Districts, the Chief or assistant of a Fire District
or to such Inspectors as they shall appoint, if they fail to take such
inspection as called for in this law.
B. The Town of Wa ppinger, the Bureau of Fire Prevention, the Fire
District, their Chiefs and Assistants or Fire Inspector shall not be held
liable should fire or other damage occur after they have made an inspection
or issued a permit, under the provisions of this law.
ARTICLE 14, EFFECTIVE DATE
This Local Law shall take effect as provided by law after filing of
copies with the Secretary of State.
D