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
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01
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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.
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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...
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