LL 01 State Fire Protection Code (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. lb not use brackets for matter to be eliminated and do not
use italics for new matter.
)�; of..........Queensbury, Warren County,N�w York...............................
................
Town
Local Law No. I................................ of the year 19 B2.......
..........................
A local law foradminis. .tration.. the--taw.-Fire-vreuen4arx,Code ........... .. .........
(Insert title)
Town Board ...... of the
Be it enacted by the ........................................................................
............ ........................ s.n..of.Leg...
�• (Name as Lesislative Body)
Queensb irx, Warren County New York............................................. as follows:
? of.......................... ................... .�...................... . ......
......... ...............
Town
Section 1 - Applicability.
This Iocal law shall provide the basic method for administration and enforcement
of the State Fire Prevention Code in the Town of Queensbury and shall establish
powers, duties and responsibilities in connection therewith.
Section 2 - Effective Date.
This local law shall take effect immediately upon the filing thereof in the
Office of the Secretary of State of the State of New York as required by
Municipal Home Rule Law §27.
Section 3 - Administration.
3. 1 The Town Board of the Town of Queensbury shall administer the State
Fire Prevention Code within the Town of Queensbury.
3.2 There is hereby designated the Fire Code Enforcement Officer of the
Town of Queensbury to enforce the State Fire Prevention Code within
the Town of Queensbury, which authority of the Fire Code Enforcement
Officer shall be subordinate to the final authority of the Town Board
of the Town of Queensbury relative to enforcement matters. The
appointment of a Fire Code Enforcement Officer shall be made by the
Town Board of the Town of Queensbury. The Town Board shall determine
the required qualifications for the position of Fire Code Enforcement
Officer, all terms and conditions of the Fire Code Enforcement
Officer's employment and the Fire Code Enforcement Officer shall
serve at the leave and will of the Town Board of the Town of
Queensbury. The Fire Code Enforcement Officer shall at all times be
subject and subordinate to the authority of the Town Board.
IW(lf additional space is needed, please attach sheets of the same as thisand number each)-m
The Fire Study Committee of the Town of Queensbury shall act as an
advisory body to the Town Board with respect to the determination of
the required qualifications for the position of Fire Code Enforcement
Officer and with respect to the appointment of the Fire Code
Enforcement Officer by the Town Board. The recommendations of the
Fire Study Committee shall be considered by the Town Board but said
recommendations are to be advisory only and shall not be binding on
the Town Board.
The Fire Study Committee of the Town of Queensbury shall consist of
not more than three (3) members in good standing of each fire company
in the Town of Queensbury. Each fire company shall select its
representatives to the Fire Study Committee in accordance with its
own procedures.
Section 4 - Partial Invalidity.
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 of the Town of Queensbury may adopt rules and
regulations for the administration and enforcement of the State Fire
Prevention Code. The Fire Study Committee shall serve as an advisory
body to the Town Board concerning the adoption of such rules and
regulations, which 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 of the Town of Queensbury shall publish all rules and
regulations at least ten (10) days prior to the effective date
thereof in a newspaper of general circulation within the Town of
Queensbury.
Section 6 - Permits.
6.1 Upon payment of a fee as prescribed in the schedule of fees adopted
by the Town Board of the Town of Queensbury, if any, permits shall be
issued by and bear the name and signature of the Fire Code
Enforcement Officer and shall specify:
Activity or operation for which permit is issued.
Address or location where activity or operation
is to be conducted.
Name 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, opera-
tion, 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.
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L
i
6.4 Permits shall be obtained for the following:
_Acetylene Generators: To operate an acetylene generator having a
calcium carbide capacity exceeding five pounds.
Automobile Tire Rebuilding Plants: To operate an automobile tire
rebuilding plant.
Automobile Wrecking Yards: To operate an automobile wrecking yard.
Bowling Establishments: For bowling pin refinishing and bowling lane
resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
Cellulose Nitrate Motion Picture Film: To store, keep or have on
hand more than 25 pounds of cellulose nitrate motion picture film.
Cellulose Nitrate Plastics (Pyroxylin) :
(a) To store, keep or have on hand more than 25 pounds of
cellulose nitrate plastics (pyroxylin) .
(b) To manufacture articles of cellulose nitrate plastics
(pyroxylin) which shall include the use of cellulose
nitrate plastics (pyroxylin) in the manufacture or
assembling of other articles.
Combustible Fibers: To store, handle, or use combustible fibers in
quantities in excess of 100 cubic feet, except agricultural products
on a farm.
Compressed Gases:
(a) To store, handle, or use at normal temperatures and
pressures more than:
1) 2,000 cubic feet of flammable compressed gas, or
2) 6,000 cubic feet of nonflammable compressed gas.
(b) To store, handle, or use any quantity of liquefied natural
or hydrogen gas.
Cyrogenics: To store, handle, or use cyrogenic 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.
Drycleaning Plants: To use in excess of 4 gallons of solvents or
cleaning agents classified as flammable or combustible.
Dust Producing Plants: To operate any grain elevator, flour, starch,
or feed mill, woodworking plant, or plant pulverizing aluminum, coal,
cocoa, plastics, magnesium, spices, sugar, sulfur, or other materials
producing explosive-potential dust.
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Explosive Ammunition and Blasting Agents:
(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 611
gallons inside dwellings; or in excess of 10 gallons inside
any other building or other occupancy; or in excess of 60
gallons outside of any building.
This provision shall not apply to: (1) Liquids in the fuel
tank of a motor vehicle, aircraft, portable or stationary
engine, boat, or portable heating plant; (2) 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 oil 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 of flammable or
combustible liquids.
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.
Fumigation and Thermal Insecticidal Fogging: To conduct fumigation
or thermal insecticidal fogging operations.
Hazardous Chemicals:
(a) To store, handle, or use more than 55 gallons of corrosive
liquids; or more than 50 pounds of oxidizing materials; or
more than 10 pounds of organic peroxides; or more than 50
pounds of nitromethane; or 1,000 pounds or more of ammonium
nitrate, ammonium nitrate fertilizers and fertilizer mixtures
containing 60 percent or more ammonium or any amount of toxic
material or poisonous gas.
(b) To store, handle, or use any quantity of air-reactive,
water-reactive, or unstable materials.
Junk Yards: To operate a junk yard.
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Liqueficd Petroleum Gas: For each installation of liquefied
petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons water capacity, and for each
permanent installation, irrespective of size of containers, made 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 Yards: To operate a lumber yard.
Magnesium: 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 watchman's gross of 14,400
matches.)
Organic Coatings: To perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
Ovens and Furnaces: To operate industrial processing ovens and
furnaces operating at approximately atmospheric pressures and
temperatures not exceeding 1400°F which are heated with oil or gas
fuel or which during operation contain flammable vapors from the
material in the oven or catalytic combustion system.
Places of Assembly: To maintain, operate, or use a place of
assembly.
Service Stations and Repair Garages: To operate a service station or
repair garage.
Welding and Cutting: To operate a welding and cutting business.
A- record of all locations where welding or cutting operations are
performed shall be maintained and kept available for inspection by
the permit holder.
6.5 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 operations 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 Fire Code Enforcement Officer shall conduct periodic inspections
for compliance with the provisions of the State Fire Prevention Code.
Such inspections may be made at any reasonable time.
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7.2 If entrance to make an inspection is refused or cannot be obtained,
the Fire Code Enforcement Officer, if authorized by the Town Board of
the Town of Queensbury, 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 the provisions of the State Fire
Prevention Code, this local law, and all orders, notices, rules,
regulations or determinations issued in connection therewith.
8.2 Whenever the Fire Code Enforcement Officer 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 person or person 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; or by posting a copy thereof in a
conspicuous place on the premises, and by mailing a copy thereof to
the premises on the same day as posted, enclosed in a postpaid
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, 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 Board of the Town
of Queensbury.
Section 9 - Penalties.
9. 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 TWENTY-FIVE
($25.00) DOLLARS nor more than ONE HUNDRED ($100.00) DOLLARS, or
imprisonment not to exceed ninety (90) days, or both, and each day
such violation continues shall constitute a separate violation.
9.2 An action or proceeding in the name of the Town of Queensbury 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 Fire Code Enforcement Officer shall keep official records of all permits,
inspection reports, recommendations, complaints and violation orders.
-6-
Section 11 - Removal of Dangerous Buildings or Structures.
11.1 A building or structure or part thereof, which is an imminent danger
to life and safety of the public as a result of a fire or explosion
is hereby declared to be a public nuisance.
11.2 Whenever the Fire Code Enforcement Officer or the Fire Chief of the
fire company within whose territory the building or structure is
located, finds a building or 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 Fire Code Enforcement Officer or said Fire
Chief, upon being granted prior approval thereof by the Town Board of
the Town of Queensbury, 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.
Whenever the Town Board of the Town of Queensbury finds a building or
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 Town
Board of the Town of Queensbury, 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.
11.3 The Fire Code Enforcement Officer, upon prior approval thereof by the
Town Board of the Town Board of Queensbury, may require the occupants
of any such building or structure, or part thereof, to vacate the
premises forthwith. No 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.
11.4 All costs and expenses incurred by the Town of Queensbury 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 then
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 Fire Code
Enforcement Officer, upon the prior approval of the Town Board of the
Town of Queensbury, 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 the collection and enforcement
of real property taxes in the Town of Queensbury.
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Section 12 - Review Board.
12.1 The Town Board of the Town of Queensbury shall act as a board of
review for the purpose of granting variances where enforcement of any
provision or requirement of the State Fire Prevention Code results in
practical difficulties or unnecessary hardships. Any such variance
shall be consistent with the spirit of the Code and shall not be
inconsistent with subdivision two of section three hundred ninety one of
the Executive Law.
Upon the scheduling of a public hearing to consider any application
for such a variance or variances, the Fire Code Enforcement Officer
and the Fire Chief of the fire company within whose territory the
premises are located shall be notified of said application for a
variance or variances and the scheduling of the public hearing
relative thereto.
12.2 The Town Board of the Town of Queensbury may adopt regulations
governing its procedures as a board of review and appropriate forms
for efficient administration.
12.3 The Fire Code Enforcement Officer and the Fire Chief of the fire
company within whose territory the premises are located shall obtain
a copy of the decision of the Town Board acting as a board of review
for the records of the Fire Code Enforcement Officer and said Fire
Chief and/or fire company.
-8-
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
mutter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto.designated as local law No. .........1......of 19-P 2..
County
City ueensbur Town Board
of fife of..9... ...................X ....... was duly passed by the ........................ ..........................................................
t,w (Name of Legislative Body)
Village
on.....�etober„_12 1. 1982.. 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 repussage after disapproval.)
I hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........
County
of the City of......................................was duly passed by the ............... ......... . ................ ........ ........................
own (Name of Legislative Body)
VI I I age
not disapproved
on..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive officer •
aitil was deemed duly adopted on ........................................................19........ . in accordance with the applicable
provisions of law.
3. (v inul adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
City
ofthe of......................................was duly passed by the......................................................................................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief I�xacutive Officer•
on,................ ...............................................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........ . in accordance with the app i-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting '
referendum.)
I hereby certify that the local law annexed hereto.designated as local law No. .................. of 19.........
County
of the City of........................ ...... was duly passed by the .....................On
town (Name of legislative Body)
Village not disapproved
..........................I...................... 19........ and was approved by the .........................................................on
repassed after disapproval Elective Chief Executive officer It
..............................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......... in accordance with the applicable provisions of law.
'Elective Chief Executive Officer mean or includes the chief executive officer of a county elected on a county.wdde bash
or, if there be none. the chairman of the county le-SWative body,the nmyor of a city or viWp Of the auplrrHaor of a awn,
when lnich officer Is vested with power to approve or Veto laal I&VA or otdinanom.
Page
5. (Cit) local law concerning Charter re%ision proposed by petition.)
1 hereby certif%,that thy IOCal law.Innexed hereto,designated as local law No. ..—...............of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 37 of tiie municipai 11 me Rule Law,and I,aving received the affirmative vote of a majority
of the qu"lified electors of such cite voting thereon at the special election held on ..................................
general
................ 19............ became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, It been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
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.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
$W I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............I.............. above.
a -
Ciark of the County legislative body,City,Town of Vinaae Clock or
offtoes desisnated by local legislative body
Date: 0-1 f 1 �l—
(Se al)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.........4V.fr,!........................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
• siputun
. . . . . . . . . ... . .. . . ... .. ... .. . . . . . . . . . . . . . . . . . I
Title
Date: (r. � 11, t�y�. County
Citof........ .........................
ow
Vl age
Page
r ,
� ri
5. (Cit) local law concerning Charter re%ision proposed by petition.)
1 hereby certify-that thc,local law annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... haying been submitted to referendum pursuant to the
provisions of § 37 of due Municipal Iloine Rule Law,and laving received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the general pecial election held on ..................................
................ 19 ............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
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.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph............I.............. above.
.. go,�Q o c -
Clark of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: 4-1 (9 kL—
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.........4VO^*.:`.-.......................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
•� Signature
. . . . . . . . .� . ... . .. .. .. ..! .. . . . . . . . . . . . . . . . . .
TINe •
Date: 6--4'et-1r-' t 1, f I k%% County
C*t of.......... ......... .........................
ow
Vt age
Page
AC 2051
(Rev.a/Sl), STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
' ALBANY,NEW YORK
12236
EDWARD V.REGAN November 24, 1982
STATE COMPTROLLER
•
Donald Chase, Town Clerk
Town of Queensbury
Town Office Bldg. , Bay & Haviland Rds .
Glens Falls, NY 12801
Dear Sir/Madam:
This is to advise that Local Law(s) No. 1 of 1982
for the Town of Queensbury was received and filed
on 10/18/82
V ruly yours
endafl R. Pirro
Associate Attorney
Charters Unit
KRP:dal
cc: Secretary of State
DEPARTMENT OF STATE OU .
STATE RECORDS & LAW HU162 WASHINGTON AVENUEALHANY, NEW YORK 12231
Donald Chase, Town Clerk
Town of Queensbury
Town Office Bldg. , Bay & Haviland Rds. ..
Glens Falls , N. Y. 12801
e
DATE: Oct. 27, 1982
Dear Sir/Madam:
Please be advised that Local Law (s) No. 1
of 1982 of the Town of Queensbury
was/were received and filed on Oct. 14, 1982
Additional forms for filing local laws with this office will be
forwarded upon request.
Sincerely yours,
eatrice S. Frederick
Supervisor of Miscellaneous
State Records
BSF/bh
G224-093 (4/80)
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