[Added 9-27-1983]
A.
It is the purpose of this article to provide for firesafety regulations
in all multiple residences and rental duplexes within the City of
Glens Falls to benefit the health, safety and general welfare of the
residents of the City and, in particular, to impose firesafety regulations
upon older multiple residences and rental duplexes which are not subject
to the firesafety regulations applicable to new construction or reconstruction.
B.
It is the further purpose of this article to apply such firesafety regulations as are set forth herein to multiple residences and rental duplexes and not to certain other buildings within the City, set forth in § 128-24, which provide housing for significant numbers of people by virtue of the fact that the exceptions set forth in § 128-24 are deemed to comply with various other applicable fire regulations and that the applicability of this article is not necessary in regard to such structures to achieve the purposes of this article.
A.
Notwithstanding the provisions of § 128-3, this article shall apply to all multiple residences within the City of Glens Falls with the exception of hospitals, nursing homes, homes for the aged, City of Glens Falls Housing Authority Buildings, hotels and motels.
B.
This article shall also apply to rental units in all buildings within
the City which house two-family units (i.e., duplexes). As used in
this article, the term "rental duplex" refers to a duplex (two-family)
building within the City of Glens Falls, at least one dwelling unit
of which is rented to one or more persons as living quarters.
A.
Within six months of the effective date of this article, each multiple
residence and rental duplex shall have at least one smoke alarm, system/direct-wired
or self-contained/single station, approved by the Underwriters'
Laboratories, Inc., Factory Mutual Testing Laboratories or a certified
laboratory of similar reputation as approved by the Building Inspector,
installed on the ceiling of each dwelling unit in such a location
that, once activated, said alarm will be clearly audible within each
sleeping room of said dwelling unit with the door of said sleeping
room closed.
B.
Within six months of the effective date of this article, each multiple residence and rental duplex shall have at least one smoke alarm, approved in accordance with Subsection A of this section, installed on the ceiling of the hallway on each floor of the multiple residence or rental duplex. At least one smoke alarm shall be installed for each 50 feet or portion thereof of hallway on each story. Said smoke alarm(s) shall be clearly audible in each dwelling unit on each story with the door(s) for said dwelling unit to said hallway closed.
C.
Each smoke alarm shall be designed and installed so as to avoid dead
air space, detect smoke and activate the alarm, be reasonably free
from false alarm and provide an indication that the alarm is energized.
D.
Each smoke alarm shall be installed and maintained in good working
order at the owner's cost and expense and at no cost or expense
to the City.
A.
Exit facilities from dwellings or dwelling units shall lead to a
public thoroughfare, either directly or through a court or yard. Passage
to such exits shall not lead through any other dwelling or dwelling
unit. In multiple dwellings, approved exits shall be provided.
B.
Within one year of the effective date of this article, each multiple
residence of two stories or more shall have at least two interior
stairways, remote from each other, providing egress from each story
to the ground level. Each such stairway shall be totally enclosed
with fire-resistant material of at least one-hour's fire-resistance
rating. All openings into said stairways shall be sealed with similar
fire-resistant materials. At each story, all door openings or entranceways
into said stairways shall be equipped with a self-closing fire-resistant
door and frame, constructed of materials of at least one-hour's
fire-resistance rating which open in the direction of egress from
the building.
C.
The owner(s) may apply for and the Building Inspector may, at his discretion, allow or disallow the owner(s) to maintain only a single interior stairway constructed or reconstructed in accord with Subsection A of this section if the fire-resistant materials in the walls, ceiling, floor and door of said single stairway are covered with fire-resistant material of at least two-hours' fire resistance rating and if at least one exterior fire escape, remote from the interior stairway, is constructed and/or maintained to the satisfaction of the Building Inspector in accordance with the terms of § 133 of the Multiple Residence Law of the State of New York, as amended from time to time, or the building, including the single stairway, is equipped with a sprinkler system installed and maintained, at the owner's own cost and expense, in accordance with the most recent standards published by the National Fire Protection Association.
A.
Within three months of the effective date of this article, at least
one fire extinguisher per 50 feet or portion thereof of hallway space
shall be placed and maintained in an operable condition at all times
in each hallway on each floor or each multiple residence. Said fire
extinguisher(s) shall be located so as to provide the quickest possible
access to all dwelling units on that floor.
B.
If no cooking equipment or facilities are located on a floor of a multiple residence, the fire extinguisher(s) on that floor provided for in Subsection A of this section shall be at least Type 2A-rated fire extinguishers. If any cooking equipment or facilities are located on a floor of a multiple residence, the fire extinguisher(s) on that floor provided for in Subsection A of this section shall be at least Type 5BC-rated fire extinguishers.
C.
Each fire extinguisher shall be installed and maintained in accordance
with the manufacturer's recommendations and the most recent standards
published by the National Fire Prevention Association.
A.
The Fire Department shall work in conjunction with the City's
building and electrical inspection officials to conduct inspections
regarding compliance with the terms of this article. Fire Department
representatives conducting inspections shall give written notice to
the Building Inspector regarding any violation(s) discovered in the
course of an inspection and of any notices served by such Fire Department
representative(s) on an owner(s) regarding violations discovered,
within five business days, excluding legal holidays, after the discovery
or service of notice, as the case may be, unless said Fire Department
representatives consider that the condition warrants more immediate
notification of the Building Inspector.
B.
The Building Inspector or his representative or the Fire Chief or
his representative may inspect any multiple residence, rental duplex
or other building for compliance with the terms of this article.
A.
If a violation is found, the inspecting representative of the Building Department or Fire Department, as the case may be, shall personally deliver or mail by certified mail, return receipt requested, to the owner a notice indicating that a violation of this article was committed and containing the appropriate information as set forth in § 128-16 of this chapter. The Building Inspector shall maintain a file of all such notices, and any Building Department or Fire Department representative who issues such a notice shall, within five business days, excluding legal holidays, of the issuance, transmit a copy of said notice to the Building Inspector for filing, unless such representative considers that the condition warrants more immediate notification of the Building Inspector.
B.
The procedures for rectifying such violation(s) shall be as set forth
elsewhere in this chapter, except that:
(1)
The owner(s) of the building shall be personally liable, jointly
and severably, to the City for the City's costs in correcting
the violation, and such costs shall constitute a lien against the
relevant real property until such time as said costs are paid in full,
plus interest, by the owner.
(2)
In addition to any other sanctions levied against the owner and notwithstanding § 128-18 of this chapter, the owner shall be subject to a fine of up to $100 per day for each violation of this article.
(3)
If, in the opinion of the Building Inspector, such action is warranted to protect the health, safety or general welfare of the population, he may, in the alternative to proceeding in accord with the provisions of Article IV of this chapter, personally serve or cause to be personally served a summons upon the violator(s), returnable in the City Court of the City of Glens Falls. Such an action in the City Court may be for injunction, abatement or correction of a violation, demolition of a building, civil costs and/or criminal penalties as provided for in this chapter.
A.
The owner(s) of a multiple residence(s) or rental duplex(es) shall
submit an annual statement to the Building Inspector, on the anniversary
of the effective date of this article, stating whether each multiple
residence or rental duplex, as the case may be, owned by them is in
total compliance with the terms of this article. If any multiple residence
or rental duplex is not in total compliance, said statement shall
list and describe all violations of this article and set forth a time
schedule for the correction of said violation(s).
B.
Failure to submit an annual statement for each multiple residence
and rental duplex owned within the City or submission of an incorrect
or misleading statement shall constitute a violation of the terms
of this article and shall be dealt with accordingly by City officials.
Timely submission of a correct statement shall not relieve the owner
from any sanctions provided for by this article regarding any violation(s)
in a multiple residence or rental duplex.
C.
Timely submission of a correct statement shall not prevent the City
from conducting an inspection(s) as City officials feel are warranted.
D.
Upon the submission of the annual statement, City officials shall act in accord with the terms of this chapter to correct or cause to be corrected any violation(s) of this chapter set forth in said statement and any violation(s) of this chapter not set forth but which are discovered by City officials, including but not limited to the imposition of a fine pursuant to §§ 128-18 and 128-29B(2).
