1996-48
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Cite as N.Y. Op. Att'y Gen. No. 1996-48
EXECUTIVE LAW §§ 381, 382; 9 NYCRR § 1161.2.
The village must, pursuant to the Uniform Fire Prevention
and Building Code, establish fire lanes so that emergency
services vehicles and personnel have access to buildings within
the village and to permit enforcement of code provisions.
December 31, 1996
Geoffrey Major, Esq.
Informal Opinion
Village Attorney
No. 96-48
Village of Canajoharie
11 Church Street
Gloversville, NY 12078
Dear Mr. Major:
You have asked whether the Village of Canajoharie is
authorized to establish fire lanes between buildings where access
for fire control would otherwise be difficult.
The Uniform Fire Prevention and Building Code provides:
(a) Premises which are not readily
accessible from public roads, and which the
fire department or an emergency service may
be called upon to protect in case of fire or
other emergency, shall be provided with
access roads or fire lanes so that all
buildings on the premises are accessible to
the fire department and emergency service
apparatus.
(b) Access roads and fire lanes shall be
adequately maintained and kept free and clear
of obstructions at all times.
(c) The designation and maintenance of
fire lanes on private property shall be
established as specified by the code
enforcement official.
(d) It shall be a violation of this Part
to park motor vehicles on, or otherwise
obstruct, any fire lane or emergency access
road. 9 NYCRR § 1161.2.
Therefore, the Code requires establishment of fire lanes.
Enforcement of the Code is governed by Executive Law § 381,
which provides that every local government shall administer and
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enforce the Code unless it enacts a local law stating that it
will not do so. Enforcement then becomes the county's
responsibility, and if the county enacts a local law providing
that it will not enforce the Code, the Department of State must
do so. Executive Law § 381(2). State law specifically provides
enforcement authority.
Executive Law § 382 provides:
In addition to and not in limitation of
any power otherwise granted by law, every
local government and its authorized agents
shall have the power to order in writing the
remedying of any condition found to exist in,
on or about any building in violation of the
uniform fire prevention and building code and
to issue appearance tickets for violations of
the uniform code.
We conclude that the Uniform Fire Prevention and Building
Code requires establishment of fire lanes so that fire and other
emergency services vehicles and personnel have access to
buildings within the village and to permit enforcement of code
provisions.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
SIOBHAN S. CRARY
Assistant Attorney General