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LL #03-1983TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO. 3 YEAR OF 1983 Be it enacted by the Town Board of the Town of Wappinger as follows: ARTICLE 1 .APPLICABILITY This local law amends Local Law No 1 of 1981 which provides the basic method for administration and endorcement of the New York State Fire Prenvention Code in the Town of Wappinger and shall establish powers, duties and responsibilities in in connection therwith. 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 coniist of eight (8) members. Two (2) members, active firefighters, representing each fire district in the Town of Wappinger, shall be designated by their respective District Board of Fire Commissioners and approved bythe Town Board of Town of Wappinger. The Town Board shall also designate the Town Building Inspector and the Town Fire Inspector as members of theBureau. The Term of office of each fire district member shall be two --(2) years excepting that ode -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. There is hereby created the office of Fire Inspector of the Town of Wappinger. Said Fire Inspector shall assist in the administration and enforcement of this local law. ARTICLE 3 RULES AND REGULATIONS 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) days prior to the effective date thereof in a newspaper of general circulation 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 designated at 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 place when ;t has been determined by the Bureau or the Building Inspector that there is nonconformance with the fire code or any provision pf this local law or there has been misrepresentation or falsification of material facts on the spplication. Revocation shall be 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-pictuee 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 Storg keep or have on hand more than twenty-five(25) 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 )r 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 agricltural 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 excee of two thousand five hundred (2,500) cubic feet gross volume, on any prenises. (9) Compressed gases. (a) to store, handle or use at normal temperatures and pressures more than: (1) Two thousand(2,000) cubic feet of Flammable compressed gas; or (2) Six Thousand(6,000) cubic feet of nonflammable compressed gas. (b) To store, handle or use any quatity of liquified natural or hydrogen gas. (10) Cryogens. To store, handle or use cryogenic fluids, except cryogens used as a motor fuel and 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 (ten) (10) gallons. G; (11) Dry -Cleaning plants. To Use in excess of four (4) gallons of solvents or cleaning 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 terminal 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 11, jMW gallons inside dwellings, or in excess of ten (10) gallons inside 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, protable or stationary engine, boat or portable heating plant; oils, varnishes or similar Flammable mixtures when such liquids are stored for main- tencnce,painting or similar purposes. (b) To store, handle or use combustible liquids in excess of twenty-five(25) gallons inside a building, or in excess of sixty (60) gallons outside of a building. This provision shall mot apply to fuel oil used in connection with oil -burning equig,kient . (C) A permit shall be obtained for the initial installation of an oil burner s.� and a fuel oil tank used in connection therwith. A permit shall be required for the replacement of a fuel oil tank 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 fumigation or thermal insecticidal fogging operations. (18) Hazardous chemicals. (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) poundo 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%) or more of ammonium or any amount of toxic material or poisonous gas. (b) To Store, handle or use any quatity of air -reactive, water -reactive or unstable materials. 119) 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 available 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 excessof 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 operation 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 temperatues not exceeding ode too thousand four hundred degrees Fahrenheit (1,400) degrees F. ) which are heated with oil or gas fuel or which during operation cantain flammable vapors from the material in the oven or catalytic combustion system. (26) Places of assembly. To Maintain, operate or use a place of assembly. (27) Service stations and repair garages. To operate a service 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. F. 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. G. Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder. H. Revocation of permits. When it is determined there is a violation of a condition wunde jwhich the permit was issued or there has veen misrepresentation or falsification of material facts in connection with the permit application or a conditi9n of the permit or the building inspector, permits may be suspended or revoked upon seven (7) days notice advising him he may protest in writing the speervision or revoc ation, provided that such answer or protes is delivered to the building inspector no later than within seven (7) days of mailing. Such provisions shall not be applicable in the event of an emergency. B. The Bureau shall insure the inspection of all hydrants installed within the Town of Wappinger, private or publicly owned and that all fire hydrants within the Town shall be subject to periodic testing. All hydrants shall be maintained in an 6r operable condition and shall meet minimum ISO Fire Flow standars for residences and they shall be clearly marked in all weather and kept accessible for fire Department use by the owners. C. In addition, the following will subject to review and approval by the Bureau when not ;in conflict with applicabel New York State, Dutchess County or Town of Wappinger law: (1) The minimum acceptable width of roads used as access or egress to apartments commerical or general business buildings or shopping area complexes. (2) Hydrant locations in apartments, commercial or general business buildings or shopping area complexes. (3) Access to the hydrants and availability of fire lanes to and adjacent to apaatments, commerical or general business buildings or shopping area complexes. fi (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 befor construction of new multiple dwelling developments, apartment complexes, shopping centers or commercial or general business buildings may be implemented. ARTICLE 7 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 Prevention Code.This Chapter and all others, notices, rules, regulations or determinations issued in connection therwith. B. Whenever the Bureau, the Building Inspector or the Fire Inspector finds that there has been a violation of the New York State Fire Prevention Code, this chapter, a violation order shall be issued to the person or persons responsible. ARTICLE 5 INSPECTIONS A. The Bureau, The Building Inspector, The Firelnspector, or their designated representatives Shall conduct periodic inspections of any premise within the Town �o 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, the Building Inspector or the Fire 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 therin 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 thereupon he marked with standard police signs and or such other markings deemed necessary and proper by the Bureau, indicating that said area is 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 therof.Not with standing 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 permitted to remain for any nature, shall be parked, placed or permitted 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 bow zoning ordinance as multiple residence. 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. 6 D. Violation orders may be served by personal service, by mailing by registered or certified mail, or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed ina 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 subject to the subject of the penalties prescribed in Article 8 of this local law. F. Whenever the Bureau, the Building Inspector or the Fire 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 a direct hazard or ;immediate danger to the health, safety, morals or welfare of the occupants of a building 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 avate the hazard or danger. Notwithstanding any other provision of this chapter, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provieded. ARTICLE 8 PENALTIES FOR OFFENSES A. Failure to comply with any provision of the New York State Fire Prevention 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 r shall constitute a sperate 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 injuction 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 propeety. Such remedy shall be in addition to penalties otherwise prescried by law. ARTICLE 9 RECORDS The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders. He shall be assisted by the Fire Inspector. 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 ecplosion is hereby declared to be a public nuisance. �w B. Whenever the Bureau, the Building Inspector or the Fire Inspector Finds a a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of fire or explosion, the Bureau, the Building Inspector or or the Fire Inspector 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, the Building Inspector or the Fire Inspector May require the occupants of any such building or structure or part therof to vacate the premises forthwith. No Person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unles authorized to perform inspections, repairs or to demolish and remove such building or structure or part therof. err 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 f r.r such building or structue is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained then such bill shall be posed in a conspicuous place on the premsises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within ten (10) days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of amy such action, the Bureau may file a certificate of the actual expenses incurred as aforesaid, together with a statement indentifying the property in connection with which the expenses were incurred and the owner therof, 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 hr 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 ordiances or local laws, or parts therof inconsistent with the provisons of this local law are hereby repealed to the extent of such inconsistencies. ARTICLE 12 SEVERABILITY If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate any other clause, sentence, paragraph, section or part of this local law. �r.r ARTICLE 13 A. No Liability shall be attributed to the Town of Wappinger, its employees or officers, 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 Wappinger, its employees or officers, 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.