HomeMy WebLinkAbout2022 - Local Law No. 7 of 2022 - Private Fire Hydrant LawTOWN OF CORTLANDVILLE
TOWN BOARD MEETING – DECEMBER 7, 2022
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RESOLUTION #340 ADOPT LOCAL LAW NO. 7 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE
FIRE HYDRANT LAW IN THE TOWN OF CORTLANDVILLE,
NEW YORK”
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A
Local Law Adopting the Town of Cortlandville’s Private Fire Hydrant Law in the Town of
Cortlandville, New York”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 7 of 2022, “A Local Law Adopting the Town of Cortlandville’s Private Fire
Hydrant Law in the Town of Cortlandville, New York”, a copy of which is attached hereto and
made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this
meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the
adoption of said Local Law to the Secretary of State.
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.”
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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 hydrants 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.
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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 hydrants 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. The
cost of inspections shall be at the expense of the property owner as determined by the Town of
Cortlandville.
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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.
1. Underground repairs. Upon notice of required repairs issued by the Town of
Cortlandville, the property owner must complete such repairs and certify that the hydrant meets
the inspection standards herein, within 30 days of such notice.
2. Aboveground repairs. All above ground repairs will be performed by the Town of
Cortlandville, and the cost of these repairs shall be at the expense of the property owner.
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,
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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.