City of Glens Falls, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Coucil of the City of Glens Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 70.
Building numbering and street naming — See Ch. 72.
Electrical standards — See Ch. 96.
Fire Department regulations — See Ch. 107.
Flood damage prevention — See Ch. 113.
Gasoline service stations — See Ch. 123.
Housing standards — See Ch. 123.
Plumbing — See Ch. 153.
Nonresidential property maintenance — See Ch. 162.
Smoke control — See Ch. 183.
109a Building Permit Procedures Chart 109b Building Permit Procedures
[Adopted as Ch. 24 of the 1967 Code]

§ 109-1 Designation and appointment of Building Inspector; compensation.

A. 
There is hereby designated in the City of Glens Falls a public official to be known as the "Building Inspector," who shall be appointed by the Common Council at a compensation to be fixed by it.
B. 
The Common Council may appoint one or more Building Inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such Building Inspectors shall be fixed by the Common Council.

§ 109-2 Acting Building Inspector.

In the absence of the Building Inspector or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Common Council, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this article.

§ 109-3 Conflicts of interest.

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department, nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the City of Glens Falls, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.

§ 109-4 Powers and duties of Building Inspector.

A. 
Except as otherwise specifically provided by law, ordinances or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce the State Uniform Fire Prevention and Building Code pursuant to this article and all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
[Amended 12-18-1997 by L.L. No. 8-1997]
B. 
He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures, or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced professional persons or be accredited and authoritative testing laboratories or service bureaus or agencies.

§ 109-5 Records and reports.

A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Building Inspector shall annually submit to the Common Council a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 109-6 Cooperation of other departments.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 109-7 Building permit required; application. [1]

A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Required information; person making application.
(1) 
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done.
(b) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c) 
The valuation of the proposed work.
(d) 
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications set forth in Subsection C of this section.
(g) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(2) 
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C. 
Plans and specifications; waiver of requirements.
(1) 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site; the nature and character of the work to be performed and the materials to be incorporated; the distance from the lot lines; the relationship of structures on adjoining property; widths and grades of adjoining streets, walks and alleys; and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(2) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(3) 
The Building Inspector may waive the requirement for filing plans.
D. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work subject to the approval of the Building Inspector.
[1]
Editor's Note: See flow chart, Building Permit Procedures, included at the end of this chapter.

§ 109-8 Issuance and refusal of permits.

A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 109-9 Performance of work under permit.

A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

§ 109-10 Fees.

[Amended 4-3-1968; 3-22-1983; 4-12-1983; 2-21-1989 by Res. No. 343; 10-16-1997 by L.L. No. 6-1997; 12-5-2002; 3-24-2009 by Res. No. 115; 11-8-2011 by Res. No. 374[1]]
A. 
Building permits.
(1) 
Business: $200 plus $50 for every $10,000 of estimated cost of construction, with permit fee not to exceed $2,000; a fee of $100 for cost of construction less than $5,000.
(2) 
Residential:
(a) 
New residence: $175 per dwelling unit, includes certificate of occupancy fee.
(b) 
Garage, includes certificate of occupancy fee: $60.
(c) 
Additions and/or alterations, includes certificate of occupancy fee: $125 per dwelling unit.
(d) 
Aboveground and in-ground swimming pools: $50.
(e) 
Decks and open porches, includes certificate of occupancy fee: $50.
(3) 
Fence permits: $25.
(4) 
Permit renewal: $50.
B. 
Certificates of occupancy, business: $10 per $10,000 of estimated cost of construction; minimum fee: $50.
C. 
Demolitions: $100.
D. 
Signs: $3 per square foot (round off to next whole number).
E. 
Letters for zoning use and compliance: $50.
F. 
Variances:
(1) 
All use variances: $200.
(2) 
Area variance (one- and two-family dwellings only): $75.
(3) 
All other area variances: $75.
G. 
Subdivision applications: $100 plus $10 per lot to be subdivided.
H. 
Certificates of compliance, residential and commercial: $50.
I. 
Rezoning petitions, residential and commercial: $75.
J. 
Site plan review: $175.
K. 
Architectural review: $150.
L. 
Flood letters: $15.
[1]
Editor’s Note: This resolution also provided for an effective date of 1-1-2012.

§ 109-11 Revocation of permit.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 109-12 Stop orders.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed, either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.

§ 109-13 Right of entry.

Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 109-14 Certificate of occupancy required; application.

A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and that, as erected, the structure complies with the laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

§ 109-15 Inspections.

A. 
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.
C. 
Before issuing a certificate of occupancy, the following, at a minimum, must be complied with:
[Added 12-18-1997 by L.L. No. 8-1997]
(1) 
Stipulations by the Planning Board.
(2) 
Stipulations by the Zoning Board of Appeals.
(3) 
Final grading of the site.
(4) 
Required screening.

§ 109-16 Issuance and contents of certificate of occupancy.

A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the applicable building regulations.
B. 
A certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

§ 109-17 Temporary certificate of occupancy.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.

§ 109-18 Tests of compliance with requirements.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 109-19 Unsafe buildings. [1]

[Amended 4-23-1998 by L.L. No. 7-1998]
A. 
Purpose. The purpose of this section is to promote and preserve the health, safety and welfare of the public and residents and/or owners of property located within this City by providing a method for the removal or repair of buildings and their appurtenant real property that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public and residents and/or owners of property within the City. Unsafe buildings serve as an attractive nuisance for young children who may be injured therein; may be a point of congregation by vagrants and transients; may attract rodents or insects; and may also attract illegal drug activity. The powers conferred upon the City by this section shall be in addition to all other powers conferred upon the City in relation to the same subject by state law.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof, including the appurtenant real property, used by residential, business or industry.
BUILDING INSPECTOR
The Building Inspector of the City.
UNSAFE BUILDING
Includes buildings and their appurtenant real property which have any or all of the following defects:
(1) 
Those interior walls or exterior bearing walls or other vertical structure members list, lean or buckle to such an extent as to weaken the structural support they provide.
(2) 
Those which, exclusive of the foundation, show 33% or more of damage to or deterioration of the supporting member or members or 50% of damage to or deterioration of the nonsupporting, enclosing or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of this City.
(5) 
Those which have become or are so dilapidated, decayed, unsafe or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease to those living therein or adjacent thereto.
(6) 
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein, with particular reference to the requirements of the New York State Uniform Fire Prevention and Building Code as a determinant.
(7) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication, again referencing the New York State Uniform Fire Prevention and Building Code as a, determinant.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which consist of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
(10) 
Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, safety or general welfare of the people of this city.
C. 
Unsafe buildings prohibited. No person, firm, corporation or association owning, possessing or controlling a building in this City shall permit, suffer or allow said building now or hereafter to be or become unsafe to the public and/or residents from any cause whatsoever.
D. 
Inspection. The Building Inspector shall make inspections of all unsafe buildings within the City and report to the Common Council (except as provided hereinbelow for inspections revealing certain unsanitary conditions concerning trash, garbage or other refuse) all unsafe buildings which from time to time may be found within the limits of the City.
E. 
Determination of unsafe buildings; notice to repair or demolish.
(1) 
With the exception of certain unsanitary conditions concerning the building as addressed at Subsection E(3) hereinbelow, the Common Council shall consider the report of the Building Inspector and, if in its opinion the report so warrants, shall determine that the building is unsafe and order its demolition or repair, if the same can be safely repaired, and further order that a notice shall be given to the owner as follows.
(2) 
The notice shall contain the following:
(a) 
A description of the premises.
(b) 
A statement of the particulars in which the building is unsafe.
(c) 
An order requiring the building to be repaired or demolished.
(d) 
That the repairing or demolition of the building shall commence within 30 days of the serving of the notice, as hereinafter provided, and shall be completed within 60 days thereafter.
(e) 
A date, time and place for a hearing before the Common Council in relation to such unsafe building, which hearing shall be scheduled not less than five business days from the day of service of the notice.
(f) 
A statement that in the event of neglect or refusal to comply with the order to repair or demolish the building, the Common Council is authorized to provide for its repair or demolition, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses.
(3) 
In the case of a determination by the Building Inspector of the existence of an unsanitary condition at the building concerning a failure to remove trash, garbage or other refuse from the premises, the Building Inspector shall immediately provide written notice to the owner, agent or person in control of such building requiring immediate removal of such trash, garbage or other refuse. Any failure on the part of the owner, agent or person in control of such building to cure the condition as provided in such written notice shall subject the owner to the penalty provisions of § 109-20E of this chapter.
F. 
Service of notice.
(1) 
Said notice shall be served in the following manner:
(a) 
By personal service of a copy thereof upon the owner or some one of the owners, executors, legal representative, agents, lessees or any other person having a vested or contingent interest in the premises as shown by the last preceding completed assessment roll of the City, such service to be complete and the thirty-day time period recited in said notice to commence upon service; or
(b) 
By mailing a copy of said notice to such owner as aforesaid by registered mail, return receipt requested, addressed to the last known address of the owner and by affixing a copy of said notice to the premises, such service to be completed and the thirty-day time period recited in said notice to commence 10 days after the filing of the return receipt.
(2) 
A copy of the notice shall also be filed in the office of the County Clerk of the county within which such building is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the New York Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or upon the consent of the City Attorney.
G. 
Hearing.
(1) 
The hearing shall be conducted before the Common Council. The Building Inspector shall present his or her report to the Common Council in writing. The owner or his or her representative, if present, shall call such witnesses as he or she deems necessary. The Common Council shall make written findings of fact from the testimony offered as to whether or not the building in question is an unsafe building.
(2) 
If such owner shall neglect, fail or refuse to comply and shall fail to appear at said hearing, then the Common Council shall direct the repair or demolition of the building forthwith.
(3) 
If such owner shall neglect, fail or refuse to comply and after appearing at said hearing the Common Council finds that the building is public nuisance and directs its repair or demolition, the owner shall repair or demolish said building within the time prescribed by the Common Council.
(4) 
If the owner fails or neglects to repair or demolish said building as directed by the Common Council following the hearing, then the Common Council shall direct the repair or demolition of the same forthwith.
H. 
Noncompliance with order. In the event of neglect or refusal of the persons so notified to comply with said order of the Common Council, the Common Council shall provide for the demolition and removal of such building either by City employees or by contract. Except in an emergency, any contract in excess of $20,000 shall be awarded by competitive bidding.
I. 
Emergency work.
(1) 
In case there shall be, in the opinion of the Building Inspector, actual and immediate danger of the falling of a building so as to endanger public safety, life or property or actual or immediate menace to health or public welfare as a result of the condition present in or about a building, he or she shall cause the necessary work to be done to render such a building temporarily safe, whether the procedure prescribed in this section for unsafe buildings has been instituted or not.
(2) 
When emergency work is to be performed under this section, the Building Inspector shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and, if served by registered mail, shall post on the premises a notice to comply containing a description of the premises, a statement of the facts in which the building is unsafe or dangerous and orders and directions to correct the conditions which constitute an emergency within a specified period not to exceed three days from actual or constructive receipt of the notice.
(3) 
In the event that the emergency does not permit any delay in correction, the notice shall state that the City has corrected the emergency condition.
(4) 
In both cases, the notice shall state that the collective costs of the emergency will be assessed against the owner pursuant to the provisions of this section.
J. 
Application to Supreme Court for order. In addition to the remedies provided by this section, the Common Council may request the City Attorney to make an application to the Supreme Court for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or demolished.
K. 
Assessment of costs.
(1) 
All costs and expenses incurred by the City in connection with the administratively and/or judicially substantiated proceedings to remove or secure, including the cost of actually removing said building, shall be assessed against the land on which said building is located.
(2) 
The City may commence a special proceeding pursuant to § 78-b of the General Municipal Law to collect the costs of demolition, including reasonable and necessary legal expenses.
[1]
Editor's Note: See also Section 1153.1 of the New York State Uniform Fire Prevention and Building Code.

§ 109-20 Penalties for offenses.

A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or portion thereof in violation of any provision of this article or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a fine of not more than $1,000 or imprisonment for a term not to exceed one year, or both. Each day that a violation continues shall be deemed a separate offense.
[Amended 12-18-1997 by L.L. No. 8-1997]
C. 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed, for any purpose, a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person convicted thereof.
D. 
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York nor to violations of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
[Amended 12-18-1997 by L.L. No. 8-1997]
E. 
A penalty for violation of that portion of § 109-19 of the Building Code of the City of Glens Falls regarding unsafe buildings and specifically those rendered unsafe, unsanitary and hazardous in the judgment of the Building Inspector due to failure of the owner to remove trash and garbage from the premises shall be $100 for each violation and a like amount for each days continuance in violation of the provisions of this article relating to actions by a landowner rendering a premises unsafe, unsanitary and hazardous due to failure of the owner to remove trash and garbage from the premises shall constitute disorderly conduct and the person violating the same shall be a disorderly person. This penalty shall be specific to the violation herein described and shall not alter or affect the preexisting penalties described in the Building Code of the City of Glens Falls. All costs and disbursements incurred by the City of Glens Falls relating to the pickup and removal of trash, refuse and garbage on violator's premises shall become a lien against the real property which is in the subject matter of the litigation, and, in addition thereto, if said costs and disbursements are not paid by the violator to the city, then said amount can be added to the real property taxes owned by the violator at the discretion of the Common Council.
[Added 8-1-1996]

§ 109-21 Abatement of violations.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts or conduct of business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.
[Adopted 5-4-1977 (Ch. 55 of the 1967 Code)]

§ 109-22 Applicability.

[Amended 12-18-1997 by L.L. No. 8-1997]
This article shall provide the basic method for administration and enforcement of the State Uniform Fire Prevention and Building Code in the City of Glens Falls and shall establish powers, duties and responsibilities in connection therewith.

§ 109-23 Administration and enforcement.

[Amended 12-18-1997 by L.L. No. 8-1997]
There is hereby designated the Fire Department of the City of Glens Falls to administer and enforce the State Uniform Fire Prevention and Building Code within the City of Glens Falls.

§ 109-24 Rules and regulations.

A. 
The Glens Falls Fire Department may adopt rules and regulations for the administration and enforcement of the State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the State Uniform Fire Prevention and Building Code, this article or any other provision of law.
[Amended 12-18-1997 by L.L. No. 8-1997]
B. 
The City of Glens Falls shall publish these rules and regulations prior to the effective date thereof in a newspaper of general circulation within the City of Glens Falls, New York.
C. 
Schedules of fees. All permits required by the State Uniform Fire Prevention and Building Code shall be issued subject to the payment of $25 to the City Clerk of the City of Glens Falls. Religious, educational and charitable organizations are exempt from this fee schedule but not from the necessity to obtain required permits.
[Amended 12-18-1997 by L.L. No. 8-1997]
D. 
Restricted storage. The storage of the following three classes of materials shall be permissible only in those areas of the City which are classified as M-1 and M-2 Industrial Zones as described in § 220-8 of the city's Zoning Law (Chapter 220 of the Code of the City of Glens Falls):
(1) 
The storage of liquefied petroleum gases in any one installation in an aggregate capacity exceeding 2,000 gallons' water capacity.
(2) 
The storage of flammable liquids, as defined in the State Uniform Fire Prevention and Building Code, in above-ground tanks outside of buildings.
[Amended 12-18-1997 by L.L. No. 8-1997]
(3) 
The storage of explosives and blasting agents, as defined in the State Uniform Fire Prevention and Building Code.
[Amended 12-18-1997 by L.L. No. 8-1997]

§ 109-25 Permits.

A. 
Upon payment of a fee as prescribed in the schedule of fees adopted by § 109-24C of this article, permits shall be issued by and bear the name and signature of the Fire Chief or his designee and shall specify:
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
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 that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding yards: to operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
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.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet except agricultural products on a farm.
(8) 
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume on any premises.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas.
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic 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.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
Dust-producing plants: to operate any grain elevator or 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.
(13) 
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.
(14) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 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.
(15) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
(18) 
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% or more of 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.
(19) 
Junkyards: to operate a junkyard.
(20) 
Liquefied 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.
(21) 
Lumberyards: to operate a lumberyard.
(22) 
Magnesium: for melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. [NOTE: One case equals one matchman's gross of 14,400 matches.]
(24) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° 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.
(26) 
Places of assembly: to maintain, operate or use a place of assembly.
(27) 
Service stations and repair garages: to operate a service station or repair garage.
(28) 
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.
E. 
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.
F. 
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder when the permit is held for a portable device.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that 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.

§ 109-26 Inspections.

A. 
The Fire Chief or his designee shall conduct periodic inspections for compliance with the provisions of the State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
[Amended 12-18-1997 by L.L. No. 8-1997]
B. 
If entrance to make an inspection is refused or cannot be obtained, the Fire Chief or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection.

§ 109-27 Violations.

A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of the State Uniform Fire Prevention and Building Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
[Amended 12-18-1997 by L.L. No. 8-1997]
B. 
Whenever the Fire Chief or his designee finds that there has been a violation of the State Uniform Fire Prevention and Building Code, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
[Amended 12-18-1997 by L.L. No. 8-1997]
C. 
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.
D. 
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.
E. 
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 City Court of the City of Glens Falls.
F. 
Violations of the State Uniform Fire Prevention and Building Code in those premises governed by the Housing Code (Chapter 128 of the Code of the City of Glens Falls) shall also constitute a separate violation of the Housing Code.
[Amended 12-18-1997 by L.L. No. 8-1997]

§ 109-28 Penalties for offenses.

[Amended 12-18-1997 by L.L. No. 8-1997]
A. 
Failure to comply with any provision of the State Uniform Fire Prevention and Building Code, this article, rules or regulations adopted pursuant to this article or a violation order shall be deemed a violation, and the violator shall be liable to a fine of not more than $1,000 or to imprisonment not to exceed one year, or both. Each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the City of Glens Falls 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 Uniform Fire Prevention and Building Code, this article, rules or regulations adopted pursuant to this article or a violation order or an order 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.

§ 109-29 Records.

The Glens Falls Fire Department shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.

§ 109-30 Removal of dangerous buildings or structures.

A. 
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.
B. 
Whenever the Fire Chief or his designee finds a building or structure or part thereof to be an immenent danger to life and safety of the public as a result of a fire or explosion, the Fire Chief or his designee 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.
C. 
The Fire Chief or his designee 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 or repairs or to demolish and remove such building or structure or part thereof.
D. 
All costs and expenses incurred by the City of Glens Falls 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 10 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 Chief or his designee 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 City of Glens Falls.[1]
[1]
Editor's Note: Original § 55-12, Review Board, which immediately followed this subsection, was deleted 12-18-1997 by L.L. No. 8-1997.