A. Generally. No Fire Department apparatus shall be taken beyond the territorial limits of the City to assist at a fire or for any other purpose, except by order of the Chief or Acting Chief of the Fire Department, and subject to the restrictions and conditions hereinafter set forth.

B. Conditions governing use of apparatus outside City. The Chief or Acting Chief of the Fire Department is authorized, in his or her discretion, to aid in the extinguishing of fires in another city, incorporated village, town, hamlet, fire district, fire protection district, fire alarm district, territory or public institution, or on property immediately adjacent to the City, in which there is a possibility of fire spreading within the City limits, under the following conditions:

C. Payment for service, damages, expenses, etc. Unless there exists a mutual aid agreement, every city, incorporated village, town, fire district, fire protection district, fire alarm district, hamlet, territory or public institution requesting the service of the Fire Department of the City shall pay for such service any loss or damage to the fire apparatus of the City, together with the expense incurred in the operation of such fire apparatus and equipment in connection with such call.

A. Excelsior, similar materials. No person shall keep, or suffer to be kept, any excelsior or other materials of a combustible nature used for packing within any building unless the same shall be kept in a covered metal container.

B. Oily wastes, rags. No person shall keep, or permit to be kept, on any premises, any oily waste or oily rags unless at all times when not actually in use such oily waste and oily rags shall be kept in a metal can with a self-closing cover and riveted joints, standing on metal legs which raise the bottom of the container at least five inches above the floor.

C. Rubbish, empty boxes, barrels. No person shall allow to remain in any cellar or basement any accumulation of rubbish, empty boxes, barrels or other light combustible materials which, in the judgment of the Fire Marshal, presents a fire hazard.

D. Hay, straw, etc. No hay, straw or other combustible materials shall be deposited within 15 feet of any place where fire exists or ashes are stored, unless such combustibles be in a closed and secure building; nor shall any hay, straw, excelsior, packing boxes, wastepaper or other combustible material be kept, stored or thrown out in any public or private street, alleyway, court or yard contiguous to any building.

A. No person shall burn or cause to be burned or aid or assist in the burning of any material for any purpose, other than those listed in Subsection B below, in any street, lot or parcel of land (either public or private), within the City of Binghamton limits.

B. Exceptions to Subsection A are as follows:

A. No person within the City of Binghamton shall, without an approved permit application on file with the Binghamton City Clerk and the Fire Marshal, possess, fire, discharge or set off, or cause, or procure to be fired, discharged, or set off within the City, any cannon, percussion, air or other pistol, skyrocket, Roman candle, mortar, firecracker, gunpowder, sparkler, or any other explosive combustible.

B. Any person who shall possess, use, explode, or cause to explode any fireworks, without a permit obtained pursuant to the ordinances of the City of Binghamton and to § 405 of the New York State Penal Law, shall be guilty of a violation.

A. Permit application; regulations. The City of Binghamton's permit application for the use and discharge of fireworks shall be amended to include the following regulations:

B. Hours prohibited; exception. No fireworks shall be discharged within the City after 10:00 p.m. on weeknights. This subsection shall not apply to fireworks displays that are scheduled on Fridays, Saturdays, or holidays.

A. New York State Penal Law § § 405.10 through 405.18, as amended, are effective in the City of Binghamton and have been since November 1, 2003.

B. Pursuant to New York State Penal Law § 405(1)(O), the City of Binghamton hereby establishes the City Clerk as its designated agent authorized to issue indoor pyrotechnic use permits.

C. Said agent for the City shall issue or deny permits for indoor pyrotechnic use in accordance with the standards codified within New York State Penal Law § § 405.10 through 405.18, as amended.

D. Said permit shall also be subject to approval by the Fire Marshal in consultation with the Corporation Counsel of the City.

E. Fees.

A. Permit required for storage and handling; inspections. Any person now handling or storing or proposing in the future to handle or store inflammable volatiles in excess of the quantity of five gallons shall make written application to the Deputy Commissioner of Public Safety, and the Fire Marshal shall forthwith make an inspection of the premises used or proposed to be used, as the case may be, for such sale or storage, and the means of distribution, and if the conditions, surroundings and arrangements are such that the intent of this chapter can be observed then he or she shall issue a permit that such sale, storage, or distribution may be conducted. Before any new installation is covered from sight, a notification in writing shall be given the Fire Marshal, who shall, within 48 hours after the receipt of such notification, inspect the installation and give his or her written approval or disapproval. Upon the failure of the Fire Marshal to inspect, within the specified time, the installation may be covered, but shall be subject to inspection at the expense of the City.

B. Storage in underground tanks. No person shall keep or store within the fire limits of the City any gasoline, benzene, naphtha, ether, benzole, or any other inflammable volatile of like character, in greater quantity than five gallons, except as provided in Subsection D, unless in a properly constructed underground tank, which if within the building shall be buried not less than three feet below the level of the basement floor, or encased in concrete to the satisfaction of the State Board of Fire Insurance Underwriters, or if without the building and within 10 feet thereof, buried not less than two feet below the surface of the ground, which in all cases shall be drawn from the aforesaid tanks by approved safety pumps, and all piping shall be so arranged as to drain back to the tank.

C. Storage in aboveground tanks.

D. Use in connection with garages. No volatile inflammable liquid shall be kept or carried in open vessels in a garage, and no volatile inflammable liquid shall be drawn except into approved safety cans of a capacity not exceeding five gallons each, and then, with the exception of liquids with flashpoint above 30º F., only for the purpose of immediately filling the tanks of automobiles contained in a garage. In lieu of the above safety cans, approved portable filling tanks, not to exceed 60 gallons in capacity, may be used for transporting volatile inflammable liquid to and from the storage tanks for filling and charging the automobile. The portable tanks shall be supported on rubber-tired wheels, and liquids must be drawn by means of a tightfitting pump. Hose attachments must not exceed 10 feet in length equipped at the end with a shutoff valve. No volatile inflammable liquid shall be allowed to run upon the floor or to fall or pass into the drainage system of a garage, nor shall any such liquid be put into or removed from the tanks of a vehicle while any light or fire on the same is burning.

E. Use near open flame or fire. Inflammable liquids shall not be drawn or handled in the presence of an open flame or fire, but may be drawn and handled when lighting is by incandescent electric lamps with vaporproof globes and keyless sockets, and the installation otherwise fully in compliance with all the requirements of the National Electric Code, and said rules and regulations are hereby made a part of this chapter as affecting all electrical equipments. Smoking shall be prohibited, and signs to this effect shall be posted wherever inflammable volatiles are stored or handled.

A. All buildings within the fire limits used for manufacturing or mercantile purposes shall be inspected at least once every 24 months from the date of the last inspection.

B. All buildings outside the fire limits used for manufacturing or mercantile purposes shall be inspected at least once every 24 months from the date of the last inspection.

C. All buildings used or intended to be used for the exhibition of motion pictures shall be inspected at least four times a year.

D. All buildings used or intended to be used as a hotel within the meaning of § 30 of the Liquor Tax Law of the State of New York shall be inspected at least once every twelve months from the date of the last inspection.

E. Such other buildings as may come to the attention of the Deputy Commissioner of Public Safety, by reason of complaint or otherwise, and in which he or she may have reason to believe improper condition exists.

F. All alleyways and open courts within the fire limits where accumulations of rubbish are likely to be found shall be inspected as often as may be deemed necessary.

A. If a commercial building or facility ceases to operate and/or is no longer occupied on a daily basis, the existing sprinkler system shall be maintained and operating as long as any flammable, combustible or hazardous materials remain located on the premises.

B. If a commercial building or facility is no longer in operation on a daily basis, and production/storage materials are still located on the premises, in addition to Subsection A above, adequate aisle space, a minimum of six feet in width at all times, shall be maintained to allow free passage throughout the building.

C. If a commercial building or facility is no longer in operation on a daily basis and is not heated from October 1 to May 1 each year, prior to October 1 the sprinkler system shall be serviced and drained, including adequate capping of all Fire Department connections, by a qualified contractor to prevent damage to the system due to low temperature and to allow the system to be operated or otherwise activated by Fire Department or other emergency personnel in case of fire or other threat to the building or facility. In addition, the sprinkler system shall also be inspected and maintained on a regular basis to ensure that the sprinkler system, including all Fire Department connections, will be available for use in the event of a fire. The owner of the building or facility shall contact the City of Binghamton Fire Marshal's office in writing, by certified mail, return receipt requested, of his or her intention to deactivate any sprinkler system. Said deactivation shall not occur without the prior express written permission of the City of Binghamton Fire Marshal's office.

D. The owner(s) of any unoccupied or abandoned building shall file information with the City of Binghamton Fire Department Fire Marshal's office that shall include the name(s), address(es) and telephone number(s) of person(s) authorized to act on behalf of the owner(s) of the building. This information shall be supplemented or corrected immediately upon any changes due to authorization, name(s), address(es) and/or telephone number(s).

A. Enumerated. It shall be the duties of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances of the state and City covering the following:

B. Additional duties. The officers of the Bureau of Fire Prevention shall have such other powers and perform such other duties as are set forth in other sections of this article, and as may be conferred and imposed from time to time by law.

A. Required. Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same, by the officer in whose jurisdiction such a fire has occurred.

B. Form; contents. Such report shall be in such form as shall be prescribed by the Chief of the 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 may be required.

A. Duty. It shall be the duty of the Chief of the Fire Bureau to inspect or cause to be inspected by the Office of Fire Prevention or by the Fire Bureau officers and members, as often as may be necessary, but not less than twice a year in outlying districts and four times a year in the closely built portions of the City, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance of the City affecting the fire hazard. [Amended 12-4-2006 by L.L. No. 2-2006]

B. Order to correct condition. Whenever any inspector shall find in any building, or upon any premises or other place, combustible or explosive matter or dangerous accumulations 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 occupants in case of fire, he or she 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 buildings, subject to appeal within 48 hours to the Chief of the Fire Department, as provided in § 235-39B of this article.

C. Service of order. 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 of 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, by affixing a copy thereof in a conspicuous place on the door to the entrance of the 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 person a copy of the order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address.

D. Failure to comply with order. Any owner or occupant failing to comply with such order within a reasonable period after the service of the order shall be liable to a penalty as provided in § 1-4 of this Code.

A. Duty; order. The Chief of the Fire Department or inspectors of the Bureau of Fire Prevention, upon the complaint of any person or whenever he or she or they shall deem it necessary, shall inspect all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building or other structure which, for want of repairs, lack of or insufficient equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he or she or they shall order such dangerous conditions or materials to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or building.

B. Appeal of Fire Marshal's or inspector's order. If such order is made by the Fire Marshal or any of his or her assistant inspectors, such owner or occupant may, within 48 hours, appeal to the Chief of the Fire Department, who shall, within five days, review such order and file his or her decision thereon, and unless by his or her authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in said order or decision of the Chief of the Fire Department.

C. Appeal from Chief's order. Any owner or occupant may, within five days after the making or affirming of any such order by the Chief of the Fire Department, file his or her petition with the City Court praying a review of such order, and it shall be the duty of such court to hear the same within not less than five days nor more than 10 days from the time the petition is filed, and to make such order in the premises as right and justice may require, and such decision shall be final. Such parties so appealing to the City Court shall file with said Court within two days a bond in an amount to be fixed by the Court, to be approved by the Court, conditioned to pay all the costs of such appeal in case such appellant fails to sustain his or her appeal or the same be dismissed for any cause.

A. Applicability of section. This section shall apply to the use, storage and handling of compressed or liquefied petroleum or other flammable gases.

B. Permits required. An application for a permit accompanied by plans shall be made to the Fire Marshal for all systems connected to liquefied petroleum or other compressed flammable gas container or containers.

C. Manufacture, filling or recharging. No person, firm or corporation shall engage in the manufacture or compression of compressed or liquefied flammable gas for any purpose or the business of filling, charging or recharging any containers with compressed or liquefied petroleum gases within the City of Binghamton, except that filling, charging or recharging containers may be done when permits as required under Subsection B have been duly issued.

D. Installation of systems. No person, firm or corporation shall install liquefied petroleum or other type of compressed flammable gas systems or equipment used in connection with such systems unless the person actually doing the work of installing such systems has been trained in proper handling and operating procedures.

E. Odorization. All compressed or liquefied flammable gases shall be effectively odorized by an approved agent of such character as to positively indicate the presence of gas down to concentrations in air of not over 1⁄5 the lower limit of flammability.

F. Containers required. Only approved cylinders which are acceptable for distribution in the City and are marked to the effect that they comply with the United States Department of Transportation (DOT) (formerly ICC) cylinder specifications shall be considered suitable for use in any compressed system for lighting, cooking, or any other purpose.

G. Empty cylinders; protection of cylinders. When cylinders are empty or not in use, outlet valves shall be kept tightly closed. Cylinders shall be protected against mechanical injury, extreme heat, accumulation of ice and snow, or tampering at all times.

H. Changing cylinders. Valves shall be arranged so that the changing of cylinders may be accomplished without shutting down the system, and the system shall be provided with shut-off valves to the building. Every system shall be provided with a means of shutting off the gas supply to the building, outside the building.

I. Location of cylinders.

J. Storage limits. The Chief of the Fire Department or the Fire Marshal may restrict the storage of compressed or liquefied petroleum flammable gases inside the City of Binghamton to any amount which they deem safe.

K. National Fire Codes. The National Fire Protection Association standards, as amended from time to time, for the handling, installation and pertinent equipment for the use and handling of compressed flammable gases in the City of Binghamton shall be accepted as necessary requirements in this section.

L. Tank trucks and trailers forbidden. No person shall fill, load or unload any tank truck or trailer with compressed or liquefied flammable gas, inside the City of Binghamton, and no truck or trailer containing such gas shall make any stops inside the City but shall go without stopping to the outside of the City limits after entering the City; except that a person may perform the aforementioned acts and a truck or trailer may make stops as aforesaid if a written permit has been obtained from the Fire Marshal as set forth hereinabove at Subsection B.

M. Buildings under construction or undergoing major renovation.

N. Retroactivity. Existing installations for the storage or use of compressed flammable or liquefied petroleum gas in compliance with the provisions of this section at the time of installation may be continued in use, provided that such continued use does not constitute a distinct hazard to life or adjoining property.

O. Protection against tampering. Suitable devices which can be locked in place shall be provided. Such devices, when in place, shall effectively prevent unauthorized operation of any of the container appurtenances, system valves or equipment.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

OCCUPANCY LOAD—The maximum number of persons allowed to occupy a place of assembly at any one time.

PLACES OF ASSEMBLY—Include, but are not limited to, buildings or portions or buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, sports, or similar purposes.

B. Occupancy loads. The occupancy loads for a place of assembly shall be in accordance with the New York State Fire Code. [Amended 12-4-2006 by L.L. No. 2-2006]

C. Enforcement of section provisions. The Chief of the Fire Department of the City of Binghamton and his or her duly authorized representatives shall enforce the regulations of this section with the aid and assistance, where necessary, of the Department of Police.

D. Establishment and posting of occupancy load.

E. Restrictions on occupancy.

F. Inspection and enforcement.

A. Application for a permit required herein shall be made to the Chief of the Bureau of Fire.

B. Each application shall be accompanied by a diagram drawn to scale which shall clearly indicate:

C. Each application shall specify:

A. The plans and specifications of the structures required to be submitted with the application are approved by the Building Inspector.

B. Provisions are made for:

C. The Chief of the Bureau of Fire finds that such structure will not constitute a fire hazard and be dangerous to persons and property when used for the purpose specified in the application.

D. The county health officer approves of the provisions made for sanitation facilities on and near the premises on which the structure is maintained or is to be maintained.

A. If the Chief of the Bureau of Fire finds that the provisions of § 235-50 are complied with, or will be complied with for the erection of the structure, he or she shall issue a permit to erect or maintain such structure, conditioned upon such reasonable limitations and requirements as he or she may deem necessary for the safety of persons and property.

B. Such permit shall specify the limitations and requirements under which it is granted, including the provisions of § 235-50B.

A. Required. It shall be unlawful for any person to cause or permit the occupancy of such a structure as a place of assembly without the issuance of a permit to occupy by the Chief of the Bureau of Fire.

B. Issuance. If the Chief of the Bureau of Fire finds that all of the limitations and requirements of the permit to erect and maintain and this article have been complied with and that the structure has been erected in accordance with the plans and specifications submitted with the application, he or she shall grant a permit to occupy such premises.

C. Revocation. The permit to occupy provided for herein may be revoked at any time by the Chief of the Bureau of Fire, upon a finding by him or her that such structure, or the premises on which it is located, is being maintained in violation of any of the provisions of the permit granted herein, or any of the provisions of this article, or in such a manner as to constitute a fire hazard.

D. Appeals. Any person whose permit to occupy shall have been revoked may, within 10 days after receipt of a notice thereof, appeal to the City Council for a hearing thereon; and the decision of the Council in this regard shall be final. If no appeal is taken within 10 days, the action of the Chief of the Bureau of Fire shall be final.