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HomeMy WebLinkAbout1981 LL 1 - Adopt NYS Fire Code (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. 01 cam of. Ithaca ............................................................................. . Town LocalLaw No.. ......................._.................. _of the year 19 ..81 To Adopt the New York State Fire Code .. A local law........ ........ .. .............................. ..... .•....................... ......... ,. ............................ .............. „ •Cin.art titto) Be it enactedby the Town oar ................................... ......... ........ ...................................... ....Of the (Nemo of Lcsirtetioo Boay) Ithaca Town as follows: of................................................................................................................. Section 1. Applicability. This local law shall provide the .basic method for administration and enforcement of the State Fire Prevention Code in the Town of Ithaca, and shall establish powers, duties and responsibilities in connection therewith. section 2. Effective Date. This local law shall take effect immediately. Section 3. Administration. The Building Inspector -is hereby designated to administer and enforce the State Fire Prevention Code within the Town of Ithaca. Section 4. Partial Invalidi . If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof. Section 5. Rules and Regulations. "5.1 The Town Board may adopt -rules and regulations for the administration and enforcement of the State Fire (!f additional speer is needed. tease attach sheets of the same size as this and number each) d _.. .a e .�,..- Prevention Code. Such rules- and regulations shall not conflict with the State Fire Prevention Code; this local law, or any other provision of law. 5.2 The Town Board shall publish all rules and regulations t least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. Section 6. Permits. .1 Upon payment of the fee, as prescribed in the schedule of fees adopted by the Town Boards permits shall be issued by and bear the name and signature of the Building Inspector and shall specify: Activity or operation for which permit is issued. Address or location where activity or operation is to be conducted. Fume and address of permittee. Permit number and date of issuance. Period of permit validity. 6.2 Permits shall not be transferable and any change in activity, operation, location, ownership, or use shall require a new permit. 6.3 Permits shall continue until revoked, or for a period of time designated 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. 6.4 Permits shall be obtained for the following: Acet lene Generators; To operate an acetylene generator ava-ng a ca ciurn carbide capacity exceeding five pounds. Automobile Tire kebuildin Plants: Co operate an `—autoinio i e t�re re uz ing p ant. Automobile GTreckinrdss To operate an automobile wrc ang yar . Powlin Establishments® For bowling pin refinishing and ow ing ane recur acing operations involving, the use and application of flammable or combustible liquids or materials. Cellulose Nitrate Motion Picture Film: To store, keep or have on handare1ian `..5 pound.s of cellulose nitrate motion picture film. Page la Cellulose Nitrate Plastics (Pyroxylin) ® a) To stare, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin) . ) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. -Combustible Fibers: To stare, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm. CombustibleMaterials: To store combustible materials Fn u ung t not united to empty combustible packing cases, boxes, barrels, or similar containers, rubber tires, baled cotton, rubber, cork, or other similar materials in excess of 2,500 cubic feet gross volume on any premises. Compressed Cases; - a) To store, handle, or use at normal temperatures and pressures more than- 1) 2,000 cubic feet of flammable compressed gas, or ) 6,000 cubic feet of nonflammable compressed gas. b) To store, handle or use any quantity of liquefied, natural or hydrogen gas. ryo enics: To store, handle, or use cryogenic fluids, except cryogenics 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 liquefied oxygen in excess of 10 gallons. Dcl.eanin Plants: To use in excess of 4 gallons of solvents or craning agents classified as flammable or combustible. Bust Produci Plants, To operate any grain elevator, air, strc , arfeed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur, or other materials producing explosive-potential dust. gx losive A _e Ammunition and lastin � nts: Page l 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. Flammable and Combustible Liquids: a) To store, handle, or use flammable liquids in excess of 6k gallons inside dwellings, or in excess of 10 gallons inside any other buildings or other occupancy, or in.excess of 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 25 gallons inside a building, or in excess of 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 initial installation of an oil burner and a fuel nil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner. d) For processing, blending, or refining a flammable or combustible liquid. Flammable Finishing: For spraying, coating, or dipping operations utilizing flammable or combustible liquids, Fruit Ripening Process: To conduct a fruit ripening process using ethylene gas. F igatian and Thermal Insecticidal Foggzn To conduct fumigation or thermal insectI.cxdal og ing operations. Hazardous Chemicals: a) To store, handle, or use more than 55 gallons of corrosive liquids, or more than 50 pounds of oxidizing rmaterials, ,or more than 10 pounds of organic peroxides, or more than 50 pounds of nitromethane, or 1,000 pounds or more of ammonium Page lc nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60 percent or more ammonium or any amount of toxic material or poisonous gas. b) To stare, handle, or use any quantity of air- reactive, water-reactive, or unstable materials Junk. Wards: To operate a junk yard, Liquefied Petroleum Gas: For each installation of rque ie` petro eum gas employing a container or an aggregate or interconnected container of over 2,000 gallons water capacity, and for each.permanent installation, irrespective of size of containers, shade at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes® installers shall maintain a record of all installations and replacement of portable cylinders, and have it available for inspection. Lumber Wards To operate a 'lumber yard.. N2nesi.umr For melting, casting, heat treating, machining, or grinding of more than 10 pounds of magnesium per working day. Matches a) To manufacture matches. b) To store matches in excess of 25 cases. (Note: One case equals one matchmarn`s gross of 14,400 matches) 6 2%an oatmin s: To perform organic coating operations xst izing snnc>re than one gallon of organic coating oin any working day, Ovens and. Furnaces: To operate industrial Drocessi.ng ovens and urnaces operating at approximately atmos- pheric pressures and temperatures not exceeding 1.400 F which are heated with oil and gas fuel or. which during operation contain flammable vapors from the material in the oven or catalytic combustion system. Places of �ssembl : To main°main, operate, or use a p ace o assem y. Service Stations and Re air Gara es: To operate a service station or repaigarage, Weldin and Cuttings To operate a welding and cutting ...�. � Page Id .5 Consolidated Permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or opera- tions covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder. 6.6 Location of Permits. Permits shall be kept on property or premises covered by the permit or carried by the permit holder. 6.7 Revocation of Permits. Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued, or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit. Section 7. Inspections. 7.1 The Building inspector shall conduct periodic inspections for compliance with the provisions of the State Fire Code, Such inspections may be made at any reasonable time. 7.2 If entrance to make an inspection is refused or cannot be obtained, the Building Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction. Section 8. Violations 8.1 A person owning, operating, occupying or maintaining property or premises within the scope of the State Fire Prevention Code or this local law shall comply with all provisions of the State Fire Prevention Code, this local law, and all orders, notices, rules, regulations o determinations issued in connection therewith. 8.2 Whenever the Building Inspector finds that there has been a violation of the State Fire Prevention Code, this local law, or any rule or regulation adopted pursuant to this local law, a violation order shall be issued to the P person or persons responsible. 8.3 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. 8.4 Violation orders may be served: by personal service, by mailing by registered or certified mail to the property owner at the property address, or by posting a copy there- of to the premises on the same day as posted, enclosed in a prepaid wrapper addressed to the person responsible. 8.5 In case the owner, lessor, .occupant or the agent of any of them shall fail, neglect or refuse to remove, Page le eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Town Attorney of the Town of Ithaca. Section 9. penalties. .1 Failure to comply with any provision of the State Fire Prevention Code, this local law, rules or regulations adopted pursuant to this local law, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than one hundred dollars ($100.00) , or imprisonment not to exceed 30 days, or both, and each day such violation continVes shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance ticket for any violation of this law pursuant to the Town of Ithaca . Local Law # 1 of 1979. 9.2 An action of proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the State Fire prevention Code, this local law, rule or regulation adopted pursuant to this local law, 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 addition to penalties otherwise prescribed by law. Section 10. Records The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders. Section 11. Removal of Uan Brous Buildin s or Structuress 11.1 A building or structure or part thereof, which is an imminent danger to life and safety of the public as result of a fire or explosion. is hereby declared to be a public nuisance. 11.2 Whenever the Building Inspector finds a building or E 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 Building Inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. 1.1.3 The Building Inspector may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. leo 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 unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof. Page 1f 11.4 All costs and expenses incurred by the•Town of Ithaca 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 ascertained, then such bill shall be posted 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 such expenses within ten 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 any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together 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'constitute 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 collection and enforcement of real property taxes in the Town of Ithaca. Section 12. Review Board® 12.1 Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the State Fire Prevention Code, applications for variances consistent with the spirit of the Code and not inconsistent with the requirements of subdivision two of section three hundred ninety-one of ArtLcl,_- J.8, nf- the Executive Law may be made to. and acted, upnr..Jv .,i, �"-x4- of Review established in accordance with the provisions of section three hundred ninety-five of the Executive Law. 12.2 The Building Inspector shall obtain a copy of the Review Board's decision of its record. 12.3 Board of Review. The Zoning Board of Appeals of the Town of Ithaca is hereby designated as the Fire Code Board of Review. gection 1.3. Miscellaneous Provision.s, 13.1 Inspections of premises belonging to the State or Federal Governments, or any agency thereof, public or private iristitution's,including, without limitation, hospitals, nursing homes, buildings for senior citizens, hotels and motels or public or private educational institutions, including Ithaca College and Cornell University (including any private research facilities located on property belonging to Cornell University) , shall continue to be made in the same manner and shall be conducted by the same personnel as has been the case prior to the adoption of this local law, This provision shall continue in force and effect until such time as this law shall be modified by local law or resolution of the Town Board or until resolutions are promulgated by the Town Board. Page 1g, Section 14. Modification. 14.1 The To Board may modify, delete or add to the provisions of this local law not only by local law or ordinance but also by any resolution, rules orRegulations which the Town Board may enact or adopt. (Comp,leto the certification in the paragraph which applies to the filing of this local law and strike out the m attar therein which is not applicable.) P. (Final adoption by local legislative body only.) ( hereby certify that the local law annexed hereto,designated aslocal lacy No. .....I.........or IWI.. or the, of........J.th c.a...,....,.was duly passed by the'._ Town..,Board .,... I otwn µ r=""" (FVaniw:sof L,egCsEaEixe 13aSp) can...„1?ecemb r.... .............I9 .;:,., in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) 1 hereby certifythat the local law annexed hereto,designated as local law;foo„.....................of 19--- County ount.y City of the "l't.w n of.......................................was duly passed by the m..........,.........,....,, ,.................... ................... w....,,,...,.. (Naene of I.,eg iillhttvai Body) Village not disapproved esn...,,,....,._........:................,,..,....,_.19....,... and was approved by the ..,...,,.,......,........ ....,.,................,......,., repassed after disapproval I';£e.ctiive Chief Executive Officer and 4.vaa<s., cl,-n;med dilly adopted on:........................................................19.,,.,,., , in.accordance with the applicable provisions of law. 3. (Finfl adoption by referendum.) I hi:are:by certify that the local law annexed hereto,designatedas loc;al. lain No. ...... of .M...... .., County of than. City of--... was duly passed by the Town ii (IV2me..1....................:.................... .......... I,,eg;i�Sat:ve Y3nc#y} Village not disapproved can...................................................19........ and was approved by the..,...,..,................,.....,........................,,..., repassed after disapproval Flecti—chic£Vxeeutive Officer can........................................................................19,,...... Such local law was submitted to the people by reason of a rnarid.atopr referereelc.arn,and received the affirmative vote of a inajority of the clu alified electors acting pernusssivc general thereon at the special election held on......................................................19....,..., in accordance with the appli- annual, cabl£a provisions of law„ 4. (Subject to perrui ss.ive�: r4 erendufn,aand final adoption because no valid petition filed requesting I h raeby certify that the local law annexed here tri,designated as locaal. law No. of I.9,......... City elf the e}f........... ..........................was duly prMi:>.se;al by the- , .,,.. .,.,,,..,.,..,,...,,,.,,.........r,.,,..,..,csn Villaagfv' not dis;„pparasale=,d was p. care ...,.,........_..................................13,,,,..., grid rc,a�a,�pc=,cls after disapproval➢}y 4aies,,,.,,.,,..,..., ,,.,.,,....,..,.,. c p . e4crtBvi:C.t sa.k$.;xzruli�.^e C}C£urv:e sr ,..................... ....................,,,,,.....,,,,,.19,....,.,» Such 10cal l.aaiv being subject.. to a permissive refer"C'ridum and no °salad J"'66m recvwsting Such re*ferendwo heaving been filed, a«id loc.,aal. laav 'wv<as deaemc.d duly adopted on .19........., in accordance av t.b the aappalicablea provisions of law. s'Eleecrtivc Chief Executive off.icer meaalls or iiadaia'les rine;a`liaaat`e^.vecnative-officer of as colmt y elected sail a county-wide bnsaw or,if thznv be noile,tl'w cliaia`m an of the,county unty+leg;islsatiwe body,the mayor cat a,city or vx[Ice s or than Sulwrwis g of a tolva, awhc rt Such officer is ve'ste o With prolve;r to approve"Or veto tDCA ti.W,,,oz.arorlhaalinc", 5. (City local law concerning Charter rc%ision proposed by petition-) I tae tela} that t1w1mal Iof 19........ hereto,designated aslocal law No...............,...,.. having been submitted to referendum pursuant to the of the City of—'—.......-... .......... §36 anJ having received the affirmative vote of a majority Provisions of §37 of 61Z: Municipal I Line Rule Law, 0 I voting thereon at�tbe special election held on ................................. of the qualified electors of such city general ............:...19,..,........became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as Loriat Law No. of 19 Of the county of ..............................____ State of New York, having been submitted to the Electors at the pursuant to subdivisions 5 and 7 of Section 33 of the Murd- General Election of November..... 19 .........pars cip- 0 -1 red electors of the at f-loine Role Law,and having received the affirmative vote or a majority of the qu,lif cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. any other authorized form of final adoption has been followed, please provide an appropria w certification.) I fuitber certify that I have compared the preceding local law with the original on file in this office said that the same is a correct transcript therefrom and of the whole of such briginal local law, and was finally adopted in the rnanner indicated in paragraph........ ...... above. Date-. Decerril3er 8, 3-981 !g ";j �M Town AttorneyL7 (Certification to be executed by zg� W, STATE OF NEW 'YORK COUNTY OF— LS — TT:hi-Ps'. - ......................... 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that. all propni,proceedings have been had or taken for the enactment of the local law annexed hereto, sign BuyOUCOS Town Atto'Mey..... ............... .. ..1— Title, Decnniber 9, 1981 Town of... Page 3