The purpose of this Article is to designate the personnel and procedures within the Bureau of Code Enforcement to implement, administer and enforce Subchapters C and F of Title 9, Volume B of the Official Compilation of Codes, Rules and Regulations of the State of New York, herein after referred to as the "Code," in accordance with 19 NYCRR Part 444.3.
The Fire Chief, after consultation with the Board of Fire and Police Commissioners, shall designate a member of the Fire Department as the Fire Marshal for the City of Fulton. It shall be the duty of said Fire Marshal to inspect or cause to be inspected, on a regular basis and in accordance with the provisions of the Code, all buildings other than those used exclusively for residential purposes. The Fire Marshal and the Deputy Fire Marshal shall report to the Bureau Chief for the purpose of this Article.
The Fire Marshal shall also inspect or cause to be inspected any private dwelling or any other building upon receiving a bona fide complaint indicating possible fire or safety hazard. The complaint need not be generated by an owner or occupant of the dwelling or building.
The Fire Chief, after consultation with the Board of Fire and Police Commissioners, shall designate a member of the Fire Department as the Deputy Fire Marshal for the City of Fulton.
It shall be the responsibility of business occupants and/or operators and/or owners to notify the Bureau of Code Enforcement, in writing, of any change of location for the respective business so that the required firesafety inspection can be performed. It shall be the responsibility of property owners to notify the said Bureau, in writing, of a change of occupancy or tenancy in properties which they own other than those used exclusively for residential use.
In accordance with 19 NYCRR Part 444.3(d) 3, 4 and 5, periodic firesafety inspections of existing buildings, structures and premises for compliance with the provisions of the Code shall be conducted pursuant to the following schedule:
A. 
All areas in existing buildings or structures defined as an area of public assembly in Title 9, Volume B NYCRR Part 606 shall be inspected at least once per year.
B. 
All city-owned buildings shall be inspected at least once per year.
C. 
All other properties classified in Title 9, Volume B NYCRR Part 701 as Group C occupancies shall be inspected pursuant to the schedule established by the Bureau Chief.
D. 
All other occupancies which are frequented by the public shall be inspected pursuant to the schedule established by the Bureau Chief. These types of occupancies shall include, but are not limited to home businesses open to the public, and including home occupations as defined in the Zoning Ordinance.[1] The private parts of the buildings or structures shall not be inspected except for those parts of the electrical, heating, cooling and plumbing systems which serve the public or business areas of the buildings or structures.
[1]
Editor's Note: See Ch. 640, Zoning.
E. 
No regular periodic inspections by the Bureau shall be performed for one- or two-family residences; however, inspections will be conducted at the invitation of the owners and/or occupant or if, in the opinion of the Bureau, the conditions of the premises threaten or present a hazard to public health, safety or welfare.
F. 
Upon receiving a bona fide complaint regarding conditions or activities allegedly failing to comply with the Code, an inspection will be performed immediately regardless of the type or use of property or premises.
G. 
The owner, lessee, tenant, manager or operator of any building or premises will permit the Bureau to enter and inspect the building or premises, upon notice that is reasonable under the circumstances.
H. 
If entrance to make an inspection is refused or cannot be obtained, the Bureau Chief may apply to any court of competent jurisdiction for a warrant to make an inspection.
I. 
In the case of an emergency, the Bureau Chief or his designee may, without warrant, enter any building or part of any premises to inspect the same at any time without the permission of the person in possession or occupancy.
[Amended 12-7-1995 by L.L. No. 1-1995]
In the event that a violation of the Code is found in an existing building or structure, a notice and order, containing a description of each violation, the specific section of how violated and the time within which each violation must be corrected, shall be sent to the assessed property owner. The owner shall have the right to request an administrative hearing before the Bureau Chief to address any question he or she may have concerning the violation notice or to request additional time to correct the violation(s). Such hearing must be requested within the shortest time period that the owner has been given to correct any violation.
A reinspection of the property will be conducted upon the expiration of the time given to comply. If the violation(s) has not been corrected, the matter shall be referred to the City Attorney's office for litigation and/or an appearance ticket will be issued by the Bureau Chief.
A. 
Any person, association, partnership, firm or corporation violating any of the provisions of this title shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a continuing offense and shall be punishable as a continuing offense hereunder. A separate accusatory instrument and/or complaint shall not be necessary for each day that the violation exists.
B. 
In case of a violation of this title, the City and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
No officer, agent or employee of the City of Fulton shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under the local law.
[Amended 12-6-2005 by L.L. No. 8-2005[1]]
In the absence of the Bureau Chief, any and all duties of the Bureau Chief may be delegated by the Mayor, in writing, to a qualified successor.
[1]
Editor's Note: This local law became effective 1-1-2006.