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LL #01-1974TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.1, YEAR 1974 LOCAL LAW - FIRE PREVENTION LAW OF THE TOWN OF WAPPINGER, NEW YORK A Local Law adopted pursuant to the Municipal Home Rule Law of the State of New York for the prevention of fire and regulating the use, sale, storage and transportation of explosives and inflammables, prohibiting bonfires in public places and streets and regulating the manner in which they may be permitted in other places, requiring the removal and elimination of fire hazardd , preVenting damage by fire and protecting property, and for all things necessary or helpful for the prevention of fire and to provide for the general safety of persons and property within the Town of Wappinger outside the limits of the incorporated village of Wappingers Falls, N.Y, and providing for the enfor- thereof. ARTICLE I SECTION 1. A Bureau of Fire Prevention of the Town of Wappinger, N. Y. is hereby established. SECTION 2. Said Bureau shall be composed of the Chief Inspector and the Chiefs of the Fire Districts in the Town of Wappinger and such inspectors as they shall appoint from time to time. SECTION 3. The Chief Inspector shall be the Building Inspector of the Town of Wappinger. SECTION:4. It shall be the duty of the Chiefs of the Fire Districts to enforce all laws of the State of New York and ordinance of the Town of Wappinger covering the following: a. The prevention of fires. b. The storage and use of explosives and inflammables. c. The installation and maintenance of automatic and other fire alarm systems and fire extinguishers and equipment. d. The maintenance and regulation of fire escapes. I e. The means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theatres, and allother places in which numbers of people work, live or congregate from time to time for any purpose. f. The investigation of causes, origin and circumstances of fires. g. The conducting, -of fire prevention campaigns. h. In addition, the following will be regulated by the Bureau of Fire Prevention when not in conflict with applicable New York State, Dutchess County or town of Wappingers 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. Access to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes. 4. Smoking in places of public assembly. 5. Allowable occupanry in places of public assembly. i. The Bureau of Fire Prevention shall insure that all hydrants installed within the Town of Wappingers, private or puvlicly owned, to be tested and main- tained; and that they be clearly marked in all weather and kept accessible for Fire Department use by the owners. j,; Signed approval for conformance with existing Fire Prevention ordinance or laws must be obtained from the Bureau of Fire Prevention before construction of new multiple dwellings, developments, apartment complexes, shopping centers or commercial or general business buildings may be implemented. k. They shall have such other powers and perform such other duties as are set,jorth in other sections of this law, and as may be conferred and imposed from time to time by Law. Part b. Designation of fire zones. 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 objector 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 teherupon be marked with standard police signs and/or such other markings deemed necessary and proper by the Bureau of Fire Prevention, indicating 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 at the expense of the owner of the property who shall promptly pay to the Town Clerk the actual cost thereof as certified in writing to said town Clerk by the Bureau of Fire Prevention. Notuithstanding and not in limitation 6f any provision hbreof, 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 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. The Bureau of Fire Prevention shall also enforce all the regulations 3 hereinafter set forth and shall have such other powers and perform such other duties as are set forth in the other sections of this ordinance ands as may be conferred and i4ip9sed upon them from time to time by law or ordinance. SECTION 5. It shall be the duty of the Bureau of Fire Prevention to in- vestigate and recommend to the Supervisor and the Town Board of the Town of Wappinger such additional ordinances as they deem necessary for safeguarding life and property against fire. SECTION 6. Authority to Enter Premises. The chief of the Fire District or any memher of the fire department designated by him as an inspector may, at all reasonable hours, enter any building or premises, for the purpose of making any inspection, which under the porvision of this ordinance be or they deem necessary to be made. SECTION 7. Inspection of Premises. It shall be the duty of the Chief Inspector to inspect or cause to be inspected by fire inspectors, as often as may be reasonable necessary but not less than twice a year all buildings, premises and public thoroughfares, except single family private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any ordinance affecting the fire hazard. SECTION 8. Whenever any such officer or member shall find in any building or upon any premises or othar place, combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes,shavings, or any flammable materials, and so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the fire department, or egress of occupants, in case of fire, he shall order the same to be removed or remedied. SECTION 9. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the the Supervisor, who shall within three days review such order and file his decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within three days after said appeal shall have been determined, or if no appeal is taken within ten days after the service of the said order, shall be liable to a penalty as hereinafter stated. If any order shall be so modified by the Supervisor, the inspector affected shall receive a copy of such modification within fortyeight hours. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jur- isdiction of the officer making the order, by mailing such copy to the owner's last known post -office address. SECTION 10. Permits, Permits required by the provisions of this ordinance shall be obtained in writing from the Chief Inspector. Permits shall be for such period as the Chief Inspector may specify, but not exceeding one year. They shall be kept on the premises designated therein and shall be subject to inspection by any officer of the fire or police departments. SECTION 11. Ir- addi tion to the permits elsewhere required in this ordinance, a permit shall be obtained from the Chief Inspector for: a. Storage of calcium carbide in excess of one hundred pounds. b. Storage of hay, straw, excelsior and other combustible fibers in excess of one ton, provided that no permit will be required for storage on farm pro- perty or on riding academies. c. Storage of corrosive acids in excess of ten gallons of each kind. d. Storage of chlorates or other oxidizing chemicals in excess of 50 pounds. e. The use, storage or possession of radioactive or fissionable materials for industrial9 commercial or research purposes, Stoeage or handling of pyroxylin plastic in excess of twentypounds unless wrapped or packed for sale. f. Use of stationary acetylene generators. g. Use of compressed gas from cylinders in excess of four hundred cubic feet aggregate capacity. h, The application of paint, varnish or lacquer by spray method or with dip tanks and ovens. i. The use of refrigeration systems containing twenty pounds or more or more or refrigerant other than air or water. j. The cleaning or drying of clothes or other material with a Class I or II flammable liquid. 1W. k. The handling, storing and manufacturing in any shape,form or manner of flammable or explosive metallic dust. Such permits shall be based upon compliance with the standards of the National Board of Fire Underwriters where applicable. i SECTION 12. Before permits are issued, the Chief Inspector shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this ordinance are complied with. SECTION 13. The Chief Inspector is hereby authorized to revoke any permit whenever in his judgment any violation of this ordinance warrants such revocation, but only after a fair and inpartial hearing shall have been accorded the holder of the permit. SECTION 14. Appeal from any decision of the Chief Inspector in refusing to grant or in revoking any permit, may be made to the Supervisor as outlined in Section 9. SECTION 15. Modifications. The Chief Inspector shall have power to modify any of the provisions of this ordinance upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficul- ties in the way of carrying out the strict letter of this ordinance, providing that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief Inspector thereon shall be entered upon the records of the district and a signed copy shall be furnished the applicant to the Town Clerk. SECTION 16. Approved Devices and Materials. As used in this ordinance, the word "approved" as applied to devices or materials means acceptable to the Chief Inspector by reason of having been tested and examined by him or by some recognized testing laboratory and found to be proper. SECTION 17. Insufficient Appliances. If an Inspector shall find the appliances on or in any such premises, building or structure for the protection against fire are not in proper condition or are of insufficient size or number, or are otherwise insuffiecient for the purpose for which the same aredesignated. or intended, or shall find that such appliances are reasonably necessary for the protection against fire; they shall order the installation such appliances sufficient to afford proper portection in the case of fire to such premises, buildings or structure, and to the occupants thereof or persons rightfully on or in the same, such order to be served in the same manner as provided in Section 9. Such order shall forthwith be complied with by the owner or occupant of such premises or building. Appeal from any such order may be made to the Supervisor as out- lined in Section 9. SECTION 18. The Chiefs of the Fire Districts shall investigate the cause, origin and circumstances of every fire occurring in their respective Districts in the Town, by which property has been destroyed or damaged and so far as possible, shall determine whether the fire is the result of carelessness or design, immediately upon the occurrence of such fire, such investigation shall be begun by The Chief of the Fire District, who shall take charge of any physical.evidence. He shall notify the Dutchess County Sheriff who shall assist in the investigation and prosecution of the case. SECTION 19. The Chiefs of the Fire Districts shall keep a record of all inspections, investigations or examinations made by their respective departments, including the date of inspection, investigation or examination, and of the violation. or violations, if any, found to exist, and shall make a report of the same to the Town Board at least once in December of each calendar year. ARTICLE III Garages SECTION I. Permit required. No person shall use any building, shed or enclosure for the purpose of servicing or repairing any motor vehicle therein, nor.use any room or space having a floor area exceeding one thousand two hundred square feet in any building, shed or enclosure for storing, housing or keeping any motor vehicle containing flammable liquid in the fuel tanks thereof, with a permit. SECTION 2. Handling of Gasoline and Oils. The reservoirs of motor vehicles shall be filled only through hose from pumps attached to approved portable tanks or drawing from underground storage tanks. There shall be no facilities for gasoline handling or filling in any basement or sub -basement garage. ARTICLE IV FLAMMABLE LIQUIDS SECTION 1. Application. This article applies to all liquids having a flash point below 200 degrees F. closed cup tester. The Flash pointshall be as de- termined by the Tagliabue closed cup tester. SECTION 2. Classification. For the purpose of this ordinance, flammable liquids are classified as follows: Class 1. Liquids having a flash point below 25 degrees F. closed cup tester. Examples: ether, gasoline, naptha and benzol. Class II. Liquids having a flash point above that for Class 1 and below 70 degrees F. closed cup tester/ Examples: alcohol and amyl acetate. Class III. Liquids having a flash point above that for Class II and below 200 degrees F. closed cup tester. Examples: kerosene and fuel oil. SECTION 3. A permit shall be obtained from the Chief Inspector for the storage or handling of flammable liquids in excess of 1 gallon where such storage or handling is for the purpose of sale, or for use, in some business or industry. SECTION 4. Approvals. Before any flammable liquid tank or piping is covered from sight, the installation shall be inspected and approved by the Chief Inspector. This test to include a ten pound air pressure for a period of twenty-four hours. Pressure to remain constant at ten pounds for twenty-four hours. The Chief Inspector may prohibit the sale or use of any heating or lighting appliance using flammable liquids, which has not been tested by Underwriters Laboratories, Inc. or some other recognized authority, and found to be properly safeguarded against fire hazard. SECTION 5. Class 1 and II liquids. Class 1 and II liquids shall not be kept or stored in any building used as a place of public assembly, except in laboratories for experimental purposes. In establishments where Class 1 and Ii liquids are used in manufacturing, cleaning or other process, the Chief of the Fire District shall require such preventive and protective measures as will reasonable safeguard life and property against fire. SECTION 6. Storage and Handling of Class 1 Liquids in Buildings. Class 1 liquids shall not be kept inside of buildings except in sealed containers or approved safety cans of not more than one gallon -capacity each, provided thatin rooms conforming to Section 8, safety cans up to ten gallons in size may be used, and in garages and manufacturing plants, the Chief of the Fire District may permit the use of approved portable wheeled tanks where the nature of the business requires such storage. Storage systems with arrangements for discharging Class 1 liquids inside of buildings shall have discharge outlets located only in rooms conforming to Section 8. SECTION 7. Storage and handling of Class II liquids in buildings. Class II liquids shall not be kept inside of buildings except in sealed containers or approved safety cans of not over five gallons capacity each or in closed drums, barrels or tanks. Containers of Class II liquids of ever five gallons capacity shall not be used to fill other containers, inside of buildings, unless in a room conforming to Section 6. SECTION 8. Storage Rooms. Rooms for th storage and hanling of flammable liquids shall be constructed with walls, floors and ceilings halming a fire resistance rating of not less than one hour, provided that where in the opinion of the Chief Inspector, the hazard is more than moderate, based upon a consideration of the quantity and nature of the liquids involved and the extent of mixing operations together with the construction of the building and its exposure, constructions having a fire resistance rating of not less than two hours shall be required. Door openings to the room shall be equipped with approved auto or self- closing fire door. and shall have sills raised six inches above the room floor.. SECTION 9. Storage of Fuel Oil in Buildings. The storageof Class III liquids in buildings, in connection with oil burning equipment shall be in accordance with the following. Tanks of not over two hundred and seventy-five gallons capacity each and having a aggregate capacity not in excess of five 191 hundred and fifty gallons may be installed without enclosures. Other tanks shall be completely enclosed with reinforced concrete not less than eight inches in thickness, with at least a six-inch space on sides between tamped earth, and with twelve inches of sand on top,of tank, either between tank and concrete slab or above concrete slab.' Instead of an enclosure as above described, the tank may be encased in reinforced concrete not less than six inches in thickness, applied directly to the tank so as to completely eliminate any air space.. SECTION 10. Drm(wing Liquids from Containers. Flammable liquids shall not be drawn or handled in the presence of any open flame or fire. Excepted as permitted below, flammable liquids shall be drawn from tanks, at points inside buildings only by pumps or other methods approved by the Chief Inspector. Draw - off pipes terminating inside buildings shall have a valve at the discharge end; when delivery is by gravity, the shut-off valve should be preferably of the automa- tically closing type and in addition, an emergency valve shall be provided. Draw -off devices for Class 1 and Class II liquids shall not be located on floors below grade. An approved domestic type oil burner.may be supplied by gravity from a tank of two hundred and seventy-five gallons maximum capactiy. A second tank may be provided if connected by an approved three-way valve so that not more than hundred and seventy-five gallons can be discharged at any one time.. The Chief Inspector may permit gravity flow of flammable liquids in manufacturing and jobbing plants where the nature of the business requires it. SECTION 11. Smoking Prohibited. Smoking or the carrying of matches or other smoking material in rooms where flammable liquids are handles is prohibited. Suitable "NO SMOKING" signs shall be displayed. SECTION 12. Aboveground Storage Limited. The storage of flammable liquids in outside abovegroundtanks is hereafter prohibited within the following limits. a. All merchartile and congested areas and districts within the Town of Wappinger. 190 b. All areas near streams or other water ways which would carry burning liquid into congested areas or districts with the Town of Wappinger. SECTION 13. Capacity and Location of Aboveground Tanks. (a) Outside aboveground tanks shall be so located that the distance between shell of tank and property line or nearest building is not less than one and one-half times the greatest dimension of the the tank (diameter, length or height) , provided that for tanks equipped with either an approved floating roof such distance may be reduced to not less than the greatest dimension of the tank. (b) The minimum distance between shells of any two tanks shall be not less than one-half the greatest dimension (diameter, length or height) of smaller tank except that such distance shall not be less than three feet, and for tanks of eighteen thousand gallons or less the distance need not exceed three feet. SECTION 14. Underground Storage Limited. Underground tanks shall have the top of the top of the tank not less than two feet below the surface of the ground, except that, in lieu of the two -foot cover, tanks may b e buried under twelve inches of earth and a cover of reinforced concrete at least five inches in thickness, provided, which shall extend at least one foot beyond the outline of the tank in all directions; concrete cover to be Olaced on a firm, well tamped earth foundation. Where necessary to prevent floating, tanks shall be secgrely anchored or weighted. Where a tank cannot be entirely buried, it shall be covered with earth to a depth of at least two feet with a slope on all sides not steeper than one and one-half feet horizontal to one foot vertical. For liquids with a flash point below 100 degrees F., underground tanks having a capacity in excess of five hundred and fifty gallons shall be at least ten feet, and tanks having a capacity in excess of two thousand gallons shall be at least twenty feet, from every building the lowest floor, basement, cellar or pit of which is below the top of the tank. SECTION 15. Construction of Tanks. The design 4nd construction of tank shall conform to generally accepted good practice and shall be approved by the Chief Inspector. Tanks labeled by Underwriters Labor- atories, Inc. and tanks conforming to the Standards of the National Board of Fire Underwriters or of the American Petroleum Institute shall be deemed to conform to generally accepted good practice. SECTION 16. Setting of Tanks. (a) Tanks shall be set on firm foundations. Tanks located inside buildings and exceeding two thousand five hundred gallons capacity shall be supported independently of the floor construction. 9utside aboveground tanks more than one foot above the ground shall have foundations and supports of masonry or protected steel, except that wooden cushions may be used. (b) No combustible material shall be permitted under or within ten feet of any outside aboveground storage tank. Electric motors, unless of approved explosion -proof type, and internal combustion engines shall not be placed beneath tanks or elsewhere within the line of vapor travel. SECTION 17. Venting of Tanks. (a) An open galvanized iron vent pipe arranged for proper draining, or an automatically operated vent, shall be provided for every tank which may contain flammable vapor. The lower end of the vent pipe shall not extend through the top into tht tank for a distance of more than one inch. (b) Vent openings,except those on underground tanks for Class III liquids, shall be provided with approved flame arresters. Vent openings and vent pipes shall be of sufficient size to prevent abnormal pressure in the tank during filling and except automatically operated vents, shall be not smaller than one and one-quarter inch pipe size. Arresters shall be accessible for examination and repair. Vent pipes shall be provided with weatherproof hoods horizontally and vertically, from any window or other building opening. For Class 1 liquids, if tight connection is made in filling line and filling is by gravity, the vent pipe shall extend to a point at least one foot above the level of the top of the highest reservoir from which the tank may be filled, otherwise it shall be not less than twelve feet above the top of the fill pipe. For other than Class 1 liquids, the vent pipe shall extend sufficiently above ground to pre- vent abstrutfimn-by snow or ice. Where a power pump is used.in filling storage tanks and a tight connection is made ,to the fill pipe, the vent pipe shall be not smaller than the fill pipe. SECTION 18. Emergency Pressure Reliefs. With the exception of vertical, cone -roof tanks having a roof slope less than two and one-half inches in twelve inches and in which the strength of the joint between roof and shell is no greater than that of the weakest vertical joint in the shell, all aboveground tanks shall have some form of relief for preventing the development of excessive internal pressure in case of exposure fire surrounding the tank. The method of relief shall be acceptable to the Chief of the Fire District. SECTION 19. Dikes. (a) Tanks containing crude oil or other liquids which have a tendency to boil over, and tanks exceeding fifty thousaad gallons capacity shall be surrounded with a dike having a capacity not less than that of the tank or tanks surrounded; minimum height of earth dikes shall be three feet and of masonry dikes thirty inches. (b) Tanks of less than fifty thousand gallons capacity, shall when deemed necessary -by the Chief Inspector on account of proximity to streams character oftopography or nearness to buildings of high value, be diked or the entire yard provided with a curb or retaining wall or other suitable means taken to prevent the discharge of liquids on to other porperty in case of a rupture in tank or piping. (c) Dikes or walls required by the preceding paragraphs shall be of earth or masonry so constructed as to afford adequate protection. When dikes surround tanks containing crude oil, they shall have a suitable coping or deflector projecting inward properly constructed to minimize the effect of a "boil over" wave. Dikes surrounding crude oil tanks shall be not less than fifty feet from the ohell of the tank or tanks surrounded. SECTION 20. Distinctive Markings. (a) Portable containers for Class 1 and II liquids shall be painted red (entire container or conspicuous band or stripe) and be conspicuously lettered in black, "DANGER - KEEP LIGHTS AND FIRE AWAY." SECTION 21. Piping. (Piping used for flammable liquids shall be standard full weight wrought iron, steel or brass pipe or approved brass or copper tubing; for working pressures in excess of one hundred pounds per square inch extra heavy fittings shall be used. No pipe or tubing less than one- quarter inch internal diameter shall be used. Outside piping shall be protected against mechainical injury. (b) Piping carrying Class 1 and II liquids, unless without joints or connections, shall not extend through any room which contains any open light or fire. SECTION 22. Valves at tanks and Pumps. (a) Where tanks are aboveground, there shall be a valve located near the tank in each pipe. In case two or more tanks are cross -connected, there shall be a valve near each tank in each cross -connection. (b) Pumps deliv&ring to or taking supply from aboveground storage tanks shall be.provided with valves on both suction and discharge of pump and in deliviring to tanks a check valve to prevent flow of liquid from tank to pump. (c) In systems using pumps to supply auziliary tanks or headers, which feed internal combustion engines or fuel oil burners, provision shall be made to return surplus oil to the supply tank; any valve installed in the line shall be of pressure relief type. SECTION 23. Tanking Filling and Filling Connections. (a) Deliveries of flammableliquids of Class 1 and II shall be made directly to the storage tanks through the filling pipe by means of a hose or pipe between the filling pipe and barrel, tank wagon or tank car from which such liquid is being drawn. (b) The end of the filling pipe for underground storage tanks for Class 1 and II liquids shall be carried to a location outside of any building but not within five feet of any entrance door, or cellar opening; this filling pipe shall be closed by a screw cap. SECTION 24. Fire extinguishers. Where flammable liquids are kept, used or handled, a quantity ofloose non-combustible absorbents, such as dry sand or ashes, together with pails or scoops and approved chemicla or other exting- usihing devices or materials shall be provided in such quantities as may be di- rected by the Chief Inspector.. SECTION 25. Liquefied Petroleum Gas Containers. (a) Non-portable con- tainers for the storage of liquefied petroleum gases (propane and butane are the principal constituents) shall be constructed in accordance with the Unfired Pressure Vessel Code of The American Society of Mechanical Engineers. (b) Storage containers "shall be located with respect to nearest buildings, or line of adjoining property which may be lauilt upon, in accordance with the following table, except that the Chief Inspector may exempt minor outbuildings and buildings devoted exclusivel3C to gas manufacturing and distributing operations from this requirement: Water Capacity per Container Minimum Distance Underground Less than 125 gallons ------------10 feet 125 to 500 gallons ---------------10 feet 500 to 1200 gallons --------------25 feet over 1200 gallons ----------------50 feet ARTICLE V NITROCELLULOSE NOTION PICTURE FILM Aboveground None 10 feet 25 feet 50 feet SECTION 1. Application. This article spplies tomotion picture film having a cellulose nitrate base. The word "film" wherever used in this article refers to such film. Cellulose acetate film, marked safety film is exempt from these provisions. SECTION 2. Permits. No person shall store,keep or have on hand more than twenty-five pounds (about five thousand feet of thirty-five m.m. film) or nitrocellulose motion picture film without a permit from the Chief Inspector. No person shall sell any toy or miniature motion picture machine con- taining nitrocellulose motion picture film, or sell, lease or otherwise dispose of any nitrocellulose motion picture film to any person not having a permit to handle, use or display such film. SECTION 3. Cabinets having a capacity of over fifty pounds of film shall be provided with a vent from each compartment to the outside of the building. The vent shall have a minimum effective -sectional area of fourteen square inches per one hundred pounds of film capacity. SECTION 4. Smoking or the carrying of a lighted pipe, cigar, cigarette or other form of smoking material in rooms where film is stored or handled is prohibited. SECTION 5. It shall be unlawful for any person to use in any cinema- tograph or other apparatus or machine for projecting or exhibiting motion pica tukes, in any building in the Town of Wappinger, outside the limits of the Village of Wappingers Falls, any film or inflammable or combustible material, ulless such machine or apparatus and all such inflammable or combustible film. enclosed in a fire -proof booth, and approved by the Chief Inspector. No person under eighteen years of age shall be allowed in any such booth. ARTICLE VI EXPLOSIVES SECTION 1. Application. This article applies to all explosives except small arms, ammunition and pyrotechnic devices and materials covered by Article 6. SECTION 2. Permits. The manufacturing of explosives is prohibited. A permit shall be obtained from the Chief Inspector to have keep, use, store or transport any explosives. SECTION 3. Transportation. (a) Explosices shall not be transported or carried on or in any conveyance carrying passengers for hire. (b) Every vehicle, while carrying explosives, shall display upon an erect pole at the front end of such vehicle and at such height that it shall be visible from all directions, a red flag with the word "DANGER" printed, stamped or sewed theron in white letters at least six (6) inches in height, or in lieu of such flag , the word "EXPLOSIVES" must be painted on, or attached to the rear end and each side of such vehicle in letters at legst four (4) inches in height. (c) It shall be unlawful for any person in charge of a vehicle con- taining explosives to smoke in, upon or near such vehicle, to drive, load or unload the vehicle while intoxicated, to drive the vehicle in a careless or reckless manner. (d) It shall be unlawful for any person to place or carry or cause to be placed or carried in the bed or body of a vehicle containing explosives, any metal tool or other piece of metal, or.any matches. (e) It shall be unlawful fro any person to place or carry or cause to be placed or carried, in the bedor body of a vehicle containing explosives, any any exploders, detonator, blasting caps or other similar explosive material. SECTION 4. Storage. (a) Explosives shall be stored only in magazines made of fireproof material or of wood covered with sheet iron and conspicuously marked "MAGAZINES -EXPLOSIVES -DANGEROUS." (b) Magazines containing explosives shall be located at distances from neighboring buildings, highways and railroads in conformity with the American quantity and distance table, provided that one portable magazine containing not more than fifty pounds of explosives may be allowed in a building not occupied as a dwelling or place of public assembly if placed on wheels and located not more than ten feet from, on the same floor with and directly opposite to the entrance on the floor nearest the street level, and one magazine containing not more than five thousand blasting caps, way be allowed if placed on wheels and located on the floor nearest the street level. (c) Blasting caps or detonators of any kind shall not be placed or kept in the same magazine with other explosives. (d) Magazines shall be kept locked except when being inspected or when explosives are being placed thereon or being removed therefrom. (e) Magazines shall be kept clean and free from grit; rubbish and empty packages. ARTICLE VII PUBLIC, PRIVATE AND PAROCHIAL SCHOOLS AND THEATRES. SECTION 1. Public, private and parochial schools. In each public, private or parochial school or educational institutionoin the Town of Wappinger, there shall be held at least one fire drill each month awhile such school is in session, such fire drill bo be given when required under the supervision of the Chief of the Fire District or his duly appointed Inspector. SECTION 2. Theatres. Smoking shall be prohibited in the lobbies, upon the stage, and in all rooms, dressing rooms, orchestra pits, passages or halls, in all theatres of the Town of Wappinger, and any person, performer, or employee smoking in such prohibited places, shall be guilty of a violation of this ordinance. SECTION 3. No fire or open flame of any description shall be used by any performer or employee, or by any persons during any act or performance given in any threatre or public or private hall or auditorium in the Town of Wappinger unless a permit for the same shall first be issued by the Chief Inspector. SECTION 4. The Chief of the Fire District shall'ha-ae the power to place a fireman on continuous duty at any or all theatres in their respective district in the Town of Wappinger during any or all performances, shows or exhibitions for the purpose of enforcing all laws and ordinances. SECTION 5. in any theatre, hall or auditorium, public or private, if. the Town of Wappinger, where any forms of entertainment,concert or exhibition shall be given, smoking shall be permitted only in a room that is buiII or altered for that purpose. Such room shall have no connection with any part of the stage or dressing room, and shall be used as such only after permit for the same has been granted by the Chief Inspector. f ARTICLE VIII The Chief Inspector. MISCELLANEOUS PROVISIONS SECTION 1. Hot ashes and other dangerous materials. Ashes, smouldering coals or embers, greasy or oily substances and other matter liable to spon- taneous ignition shall not be deposited or allowed to remain within tan feet combustible saterials or construction made up of combustible materials, of any except in metal or other non-combustible receptacles. Such Receptacles shall be placed on non-combustible stands, unless resting on a non-combustible floor on the ground outside the building, and -shall be kept at least two feet or away from any combustible wall or partition. SECTION 2. Accumulations of Combustible Materialso (a) No person shall permit to remain upon any roof or in any court, yard, vacant lot or open space, any accumulation of waste paper, hay grass, straw, woods litter or combustible or flammable waste or rubbish of any kind. (b) Every person making, using, storing or having charge or control of any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or com- bustible trash, waste or fragments shall at the close of each day cause all such material which is not compactley baled and stacked in an orderly manner to be removed from the premises or stored in suitable vaults or in metal or metal - lined and covered receptacles or bins. Suitable presses shall be installed in stores, apartment buildings, factories and similar places where accumlations of paper and waste materials are not removed at least every second day. SECTION 3. Flammable Decorations. (a) Cotton batting, straw, dry vines, leaves, trees, celluloid or other flammable materials shall not be used .for decorative purposes in show windows or in stores without a permit from the Chief Inspector. (b) Paper and other readily flammable materials shall not be used for decorative purposes in any place of public assembley, unless such materials have first been treated to render them flame -proof to the satisfaction of The Chief Inspector. AM RECTION 4. Maintenance of Protective and Extinguishing Systems. Sprinkler systems, standpipe systems, alarm systems, and other protective or extinguishing systems which have been installed in compliance with any permit or order, or because of any law or ordinance, shall be maintained in operative condition at all times, and it shall be unlawful for any owner or occupant to reduce the effectivenuess of the protection furnished. Provided this shall not prohibit the owner or occupant from teimproarily reducing or discontinuing the protection where necessary to make tests, repairs, alterartions or additions. The Chief Inspector shall be notified when such tests, repairs, alterations or additions are started. ARTICLE IX SECTION 1. No liability shall be attributed to the Town of Wappinger, the Fire Districts, the Chief of a fire district nor to such inspectors as they shall appoint, if they fail to make such inspection as called for in this ordinance. SECTION 2. No fire inspector shall be held liable should fire or other damage occur after they have made an inspection or issued a permit, under the provisions of this ordinance. ARTICLE X VIOLATIONS, CONFLICTING ORDINANCES AND DATE OF EFFECT SECTION 1. Any person, owner or occupant of a building structure or other premises or any person in control of articles, materials, goods wares or merchandise hereinbefore referred to who hsall violate any of the provisions of this ordinance or any rule, order or regulation made in pursuance there- of shall be guilty of an unclassified misdemeanor and upon conviction there- of shall be punished in accordance withe the provisions of the Penal Law of the State of New York. SECTION 2. Validity. If any section or part of a section or paragraph of this ordinance is declared to be invalid, it shall not effect or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance. SECTION 3. This ordinance shall take effect immediately upon adoption posting and publication as provided by Town Law.