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HomeMy WebLinkAboutI - 13 Proposed Local Law - Private Fire HydrantsTOWN OF CORTLANDVILLE LOCAL LAW NO. _____ OF 2022 A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE FIRE HYDRANT LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Private Fire Hydrant Law in the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. SECTION 3. PURPOSE AND INTENT. The purpose of this chapter is to establish a program for identifying and registering private fire hydrants; to determine the responsibilities of owners of private fire hydrants; and to ensure the proper functioning of fire safety equipment in the Town of Cortlandville to protect public safety. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Enforcement Officer: A duly authorized representative of the Cortlandville Water Department. Hydrant:The above ground appliance (as defined by the National Fire Protection Association (NFPA)) used to provide a water supply to fire apparatus in the event of a fire or other emergency. Private hydrant:A fire hydrant located on private property, whose water is provided by the Town of Cortlandville or by other means,but the underground piping in which the water moves and the hyd rants are owned and maintained by the property owner. Hydrant owner:The person or entity (or their designee), according to Town of Cortlandville records, who is responsible for tax payments (or other payments to the Town) for the property on which the hydrant is installed. Hydrant maintenance:The process of regular maintenance of a fire hydrant to determine its capability to provide the desired water supply for which it was designed; and to exercise all valves, caps, etc.; and to lubricate and paint as needed. SECTION 5.IDENTIFICATION OF PRIVATE HYDRANTS. All private fire hydrants shall be marked by an approved identification means and shall be painted according to the Town of Cortlandville Fire Department’s standard. SECTION 6. NEW INSTALLATIONS. 1.The Town of Cortlandville Water Department shall oversee the installation of all new installations of private fire hydrants, which must conform to applicable standards. 2.Failure to meet these standards shall be cause to deny either a temporary or final permit by the Town of Cortlandville, or the revocation of any existing permits. 3.Upon installation and prior to the flowing of any water via a newly installed private Hydrant, the Town of Cortlandville Water Department shall be contacted and shall inspect the private hydrant. No water shall be allowed to flow through any private hydrant without documentation by the Town of Cortlandville Water Department of the inspections and a determination by the Town of Cortlandville Water Department that the private hydrant complies with all applicable standards, rules and regulations. SECTION 7. MAINTENANCE 1.All private hydrants must meet the private hydrant standards, and include, at minimum: a. Verify ability to find hydrant, debris cleared b. Verify ability to open hydrant c. Verify ability to utilize hydrant for fire protection or maintenance purposes. d. Verify hydrant drains properly e. Reasonably assess status of paint and repaint, if necessary f. Lubricate all caps with food grade grease g. Confirm auxiliary valve is open h. Confirm a measured clearance of no less than fourteen inches between the bottom of all connections and the ground or installed base. i. Tag inoperable hyd rants with a clearly visible mark. j. Flow tests. 2.The Town of Cortlandville Water Department shall be contacted prior to the flowing of any water via private fire hydrants. 3.The Town of Cortlandville Fire Department shall be notified if such a water flow could also result in receipt of a false alarm from an installed fire suppression system. SECTION 8. AUTHORIZED INSPECTION. The owner of a private fire hydrant located on non-Town owned property shall maintain and have such hydrant annually inspected and flow tested by the Town of Cortlandville. SECTION 9. NOTIFICATIONS AND ACCESS. The Cortlandville Water Department shall be contacted regarding any private hydrant that: 1. is taken out of service immediately upon discovery of the issue placing the hydrant out of service.; 2. upon completion of any work performed on a private hydrant, prior to placing a private hydrant back in service, no water shall be allowed to flow through any private hydrant without documentation by the Town of Cortlandville Water Department of the inspection and a determination by the Superintendent that the private hydrant complies with all applicable standards, rules and regulations; 3. No person will shut off, disconnect, remove or disable a private hydrant without the Town of Cortlandville approval; 4. The Town of Cortlandville Water Department shall have access onto properties containing Private Hydrants, as necessary, for the purposes of inspecting for leaks. SECTION 10. DUTY TO REPAIR. Upon notice of required repair issued by the Town of Cortlandville Fire Department, Water Department or inspecting plumber, the property owner must complete such repairs and certify that the hydrant meets the inspection standards herein, within 30 days of such notice. SECTION 11. PENALTIES –FAILURE TO INSPECT,FAILURE TO REPAIR, NON-COMPLIANCE, FRAUD. 1.Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. 2.Prior to commencing enforcement action for a violation of this law, the enforcing person shall give the property owner a 30 day written notice to comply with the law. Each day a hydrant is not in compliance with this law, and each hydrant found to be in violation of this bylaw, shall constitute a separate offense. SECTION 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 affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 13. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date.