1978 – No.5 – Adoption of Federal Fire Codes
Section 1. A local law to provide the Village of Sackets Harbor with rules and regulations to improve public safety by promoting the control of fire hazards, regulating the installation, premises, and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards, for compliance and achievement of these objectives.
This code shall be known as Fire Codes of the Village of Sackets Harbor. This code adopts the Fire Prevention Code of the National Fire Protection Association, NFPA No. 1 and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association and listed in Annex A of the NFPA Fire Prevention Code and being particularly the 1977-78 edition thereof, save and except those portions such as are hereinafter related, modified or amended by Section 18 of this Local Law. The same are hereby adopted and incorporated as fully as if set out at length herein. Not less than one copy of the adopted issue of the Fire Prevention Code of the National Fire Protection Association, NFPA No. 1, and the adopted standards and codes of the National Fire Codes shall be filed in the office of the Village Clerk and the provisions thereof shall be controlling within the limits of the Village of Sackets Harbor.
Section 2. It shall be unlawful for any person to violate this local law, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of Fire Chief in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
Section 3. The Fire Chief of the Sackets Harbor Fire Department shall be responsible for the enforcement of the Fire Codes. The Fire Chief of the Sackets Harbor Fire Department may detail such members of the fire department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties place upon the Fire Chief of the Sackets Harbor Fire Department, a Bureau of Fire Prevention in the Fire Department of the Village of Sackets Harbor is hereby created.
This Bureau shall operate under the supervision of the Fire Chief of the Sackets Harbor Fire Department. The Fire Chief of the Fire Department shall designate a fire official of the Sackets Harbor Fire Department as Fire Marshal. The Fire Marshal shall be the administrator of the Bureau (Department or Division) of Fire Prevention. The Fire Marshal shall be responsible for the direct administration and enforcement of the Fire Code as may be set forth by the Fire Chief of the Sackets Harbor Fire Department. The Fire Marshal shall be appointed on the basis of examination or other method for determining his qualifications. The Fire Chief of the Sackets Harbor Fire Department may also designate such number of Technical Inspectors as shall from time to time be authorized by the Village Board of Trustees. Such Technical Inspectors shall be selected through an examination to determine their fitness for the position.
Section 4. It shall be the duty of the officers Of the Bureau of Fire Prevention to enforce all laws and ordinances of the Village of Sackets Harbor, covering the following:
1. The prevention of fires;
2. The storage and use of explosives and flammables;
3. The installation and maintenance of automatic and other
fire alarms systems, and fire extinguishing equipment;
4. The maintenance and regulation of fire escapes;
5. The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live, or congregate, from time to time, for any purpose;
6. The investigation of the cause, origin and circumstances of
fires.
7. The maintenance of fire cause and loss records.
They shall have such other powers and perform such other duties as are set forth in other sections of this local law, and as may be conferred and imposed from time to time by law. The Fire Chief of the Sackets Harbor Fire Department may delegate any of his powers or duties under this law to the Fire Marshal.
Section 5. It shall be the duty of the Fire Marshal of the Sackets Harbor Fire Department to investigate and to recommend to the Village of Sackets Harbor such additional local laws, as he may deem necessary for safeguarding life and property against fire~
Section 6. The Fire Chief of the Sackets Harbor Fire Department shall prepare instructions for the Fire Marshal and his assistants, and forms for their use in the reports required by this local law.
Section 7. The Bureau of Fire Prevention shall investigate the cause, origin, and circumstances of every fire occurring in the Village of Sackets Harbor 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. Such investigations shall begin immediately upon the occurrence of such a fire. The Fire Marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to purse the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Bureau of Fire Prevention within seven days after the occurrence of the same by the Fire Department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Fire Marshal of the Sackets Harbor Fire Department, and shall contain a statement of all facts relating to the cause, origin, and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as me be required, including the injury, death, or rescue of persons.
Section 8. Before permits may be issued as required by this Code, the Fire Marshal or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings, or storage places to be used for any such purposes.
Section 9. The Fire Marshal shall inspect or cause to be inspected all premises basis, and shall make such orders as may be necessary for the enforcement of the laws and local laws governing the same and for safeguarding of life and property from fire.
Section 10. Whenever any inspector, as defined above, shall find in any building or upon any premises or other places, combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings, or any highly flammable materials especially liable to fire, and which is 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 operations of the Fire Department or egress of occupant in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or building, subject to the appeals procedure provided for in the Fire Code.
Any owner or occupant failing to comply with such order within a reasonable period after the service of the said order shall be liable to penalties as hereinafter provided.
The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy to 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, affixing a copy thereof in a conspicuous place in 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 copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner’s last know post office address.
Section 11. The Fire Marshal shall compile and keep a record of all fires and of all the facts concerning the same, including injuries, death, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by the Technical Inspectors under the provisions of this local law. All such records shall be public.
Section 12. The Fire Marshal shall make an annual report of the activi6s of the Bureau of Fire Prevention and shall transmit this report to the Chief Executive officer of the Village of Sackets Harbor through the Fire Chief of the Sackets Harbor Fire Department. The report shall contain all proceedings under the Fire Code with such statistics as the Fire Chief may wish to include therein.
Section 13. The Fire Chief of the Sackets Harbor Fire Department or the Fire Marshal shall also recommend any amendments to the Fire Code or local law which in his judgment, shall be desirable.
Section 14. The provision of the Fire Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.
Section 15. This act shall be deemed in exercise of the police powers of the Village of Sackets Harbor for the preservation and protection of the public health, peace, safety, and welfare, and all the provisions of the Fire Code shall be liberally construed for that purpose.
Section 16. Any person who shall violate any of the provisions of the Code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made there under; or shall build± in violation of any details, ‘statements, specifications, or plans submitted or approved there under; or shall operate not in accordance with the provisions of any certificate, permit, or fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than $50.00 no more than $500.00 or by imprisonment for not less than five (5) days nor more than sixty (60) days or by both such violation shall not excuse the violation nor shall be violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 17. A Board of Appeals is hereby established consisting of five (5) members and one (i) alternate member who shall be appointed by the Mayor by reason of education, and knowledge, and are deemed to be competent to sit in judgment on matters concerning the Fire Code and its enforcement. The members shall serve for a term of five (5) years, except for the initial appointees which shall serve as follows; one for a term of one year, two for a term of two years; and two for a term of three years.
Section 18. The following fee of two (2) dollars shall be established for the permits, certificates, approvals, and other functions performed under this Code and shall be payable to the Village of Sackets Harbor. Such fees shall accompany each application for such permit, approval, certificate, or other fee-related Code provisions.
Section 19. All formal local laws or parts thereof conflicting or inconsistent with the provisions of this local law or of the Code hereby adopted are hereby repealed.
Section 20. This local law shall take effect and be in force from and after its approval as required by law.