[HISTORY: Adopted by the Common Council of
the City of Lockport 12-14-2022 by L.L. No. 5-2022.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 66, Building
Construction Administration, adopted 6-4-2008 by L.L. No. 3-2008,
as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this City of Lockport. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, the Energy Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the City of Lockport stating that work
was done in compliance with approved construction documents and the
codes.
A document issued by the City of Lockport certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by,
the City of Lockport and indicating that the building or structure,
or portion thereof, is in a condition suitable for occupancy.
The City of Lockport.
Includes the Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 66-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 66-6 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 66-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A.Â
The Office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)Â
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)Â
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)Â
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)Â
To issue stop-work orders;
(5)Â
To review and investigate complaints;
(7)Â
To maintain records;
(8)Â
To collect fees as set by the Common Council of this City;
(9)Â
To pursue administrative enforcement actions and proceedings;
(10)Â
In consultation with this City's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter; and
(11)Â
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.Â
The Code Enforcement Officer shall be appointed by the Mayor of the
City of Lockport. The Code Enforcement Officer shall possess background
experience related to building construction or fire prevention and
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training, andother training
as the State of New York shall require for code enforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
C.Â
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, another individual shall be appointed by the
Mayor of the City of Lockport to serve as Acting Code Enforcement
Officer. The Acting Code Enforcement Officer shall, during the term
of their appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.Â
One or more inspectors may be appointed by the Mayor to act under
the supervision and direction of the Code Enforcement Officer and
to assist the Code Enforcement Officer in the exercise of the powers
and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
E.Â
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Common Council of this City
of Lockport.
A.Â
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the City.
B.Â
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)Â
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(2)Â
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3)Â
Installation of partitions or movable cases less than five feet nine
inches in height;
(4)Â
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(5)Â
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(6)Â
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
C.Â
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.Â
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)Â
A description of the location, nature, extent, and scope of the proposed
work;
(2)Â
The Tax Map number and the street address of any affected building
or structure;
(3)Â
The occupancy classification of any affected building or structure;
(4)Â
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)Â
At least two sets of construction documents (drawings and/or specifications)
which:
(a)Â
Describe the location, nature, extent, and scope of the proposed
work;
(b)Â
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)Â
Show the location, construction, size, and character of all
portions of the means of egress;
(d)Â
Show a representation of the building thermal envelope;
(e)Â
Show structural information including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)Â
Show the proposed structural, electrical, plumbing, mechanical,
fire protection, and other service systems of the building;
(g)Â
Include a written statement indicating compliance with the Energy
Code;
(h)Â
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)Â
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.Â
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp or, in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.Â
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.Â
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.Â
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.Â
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.Â
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
A.Â
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.Â
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)Â
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)Â
Installation, connection, and assembly of factory manufactured buildings
and manufactured homes; and
(11)Â
A final inspection after all work authorized by the building permit
has been completed.
C.Â
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.Â
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed or the permit holder shall
be notified as to the manner in which the work fails to comply with
the Uniform Code or Energy Code, including a citation to the specific
code provision or provisions that have not been met. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.Â
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)Â
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)Â
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)Â
Any work for which a building permit is required which is being performed
without the required building permit or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.Â
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.Â
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing the stop-work order.
E.Â
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 66-23, Orders to remedy; appearance tickets; penalties; injunctive relief, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.Â
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.Â
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)Â
A written statement of structural observations and/or a final report
of special inspections;
(2)Â
Flood hazard certifications;
(3)Â
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)Â
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.Â
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)Â
The building permit number, if any;
(2)Â
The date of issuance of the building permit, if any;
(3)Â
The name (if any), address and Tax Map number of the property;
(4)Â
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)Â
The use and occupancy classification of the structure;
(6)Â
The type of construction of the structure;
(7)Â
The occupant load of the assembly areas in the structure, if any;
(8)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)Â
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.Â
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Code Enforcement Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
E.Â
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, Certification
of Compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The Chief of the Fire Department providing firefighting services
for a property within this City shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in this City shall be identified and addressed in accordance with the procedures established by City Code Chapter 72, as now in effect or as hereafter amended from time to time.
A.Â
Operation permits required.
(1)Â
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)Â
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(b)Â
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
[1]Â
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
[2]Â
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
[3]Â
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
[4]Â
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
[5]Â
Chapter 31, "Tents, temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
[6]Â
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
[7]Â
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
[8]Â
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
[9]Â
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
[10]Â
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using explosives, fireworks, or other
pyrotechnic special effects materials, except the outdoor use of sparkling
devices as defined by Penal Law § 270;
[11]Â
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
[12]Â
Section 308, "Open Flames." Removing paint with a torch or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
[13]Â
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established by this chapter, as now in effect or as hereafter
amended from time to time.
(c)Â
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS;
(d)Â
Buildings containing one or more assembly areas;
(e)Â
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)Â
Facilities that store, handle or use hazardous production materials;
(h)Â
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety.
B.Â
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.Â
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
City sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
D.Â
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
E.Â
Duration of operating permits.
(1)Â
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)Â
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.Â
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.Â
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)Â
At least once every 12 months for buildings which contain an assembly
area;
(2)Â
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)Â
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.Â
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.Â
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)Â
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)Â
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)Â
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
D.Â
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator or
other authorized entity under Executive Law § 156-e and
Education Law § 807-b. Notwithstanding any other provision
of this section to the contrary, the Code Enforcement Officer may
accept an inspection performed by the Office of Fire Prevention and
Control or other authorized entity pursuant to §§ 807-a
and 807-b of the Education Law and/or § 156-e of the Executive
Law in lieu of a fire safety and property maintenance inspection performed
by the Code Enforcement Officer or by an inspector, provided that:
(1)Â
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)Â
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)Â
Such inspections are performed no less frequently than once a year;
(4)Â
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A.Â
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.Â
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 66-23, Orders to remedy; appearance tickets; penalties; injunctive relief of this chapter;
C.Â
If appropriate, issuing a stop-work order;
D.Â
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.Â
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.Â
Condition assessments: general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared and provided to the City in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.Â
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)Â
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)Â
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)Â
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)Â
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)Â
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)Â
Any parking garage constructed prior to the effective date of this
chapter that has not undergone an initial condition assessment prior
to that effective date shall undergo an initial condition assessment
prior to March 1, 2023.
D.Â
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.Â
Additional condition assessments.
(1)Â
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)Â
If the City becomes aware of any new or increased deterioration which, in the judgment of the City, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the City to be appropriate.
F.Â
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment and shall submit such condition
assessment report to the City within 14 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)Â
An evaluation and description of the unsafe conditions;
(4)Â
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)Â
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)Â
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)Â
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)Â
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage and considered the information in
the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)Â
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.Â
Review condition assessment reports. The City shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the City shall, by order to remedy or such other means of enforcement as the City may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the City to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.Â
The City shall retain all condition assessment reports for the life
of the parking garage. Upon request by a professional engineer who
has been engaged to perform a condition assessment of a parking garage,
and who provides the City with a written statement attesting to the
fact that he or she has been so engaged, the City shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
City shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making
such previously prepared condition assessment reports (or copies thereof)
available to the professional engineer.
I.Â
This section shall not limit or impair the right or the obligation
of the City:
(1)Â
To perform such construction inspections as are required by § 66-5, Construction inspections, of this chapter;
(2)Â
To perform such periodic fire safety and property maintenance inspections as are required by § 66-11, Fire safety and property maintenance inspections, of this chapter; and/or
(3)Â
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the City by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
A.Â
Applications and plans.
(1)Â
All applications for a building permit shall show the required off-street
parking pursuant to the area requirements of the Zoning Ordinance
of the City of Lockport. If off-street parking is not required, a
statement to that effect shall be endorsed on said application by
the Code Enforcement Officer.
(2)Â
Parking areas and parking lots not included in an application for
a building permit require an application to be filed accompanied by
plans for a permit to construct same and shall show the layout and
location of off-street parking and loading areas, layout of the individual
parking spaces, type and thickness of pavement, landscaping, drainage,
details, fences, barricades, drives, aprons, sidewalks, signs and
public lighting.
B.Â
Restrictions.
(1)Â
No part of any street right-of-way shall be included in a parking
lot.
(2)Â
Individual parking spaces shall be marked on the pavement when the
lot is complete.
(3)Â
Parking lots at all times shall be clean and orderly and free of
rubbish and weeds and shall not be used for the storage of vehicles
and materials of any description.
C.Â
Applicability. The provisions of this section will not apply to single-family
dwellings in the R-1- and R-2-zoned Districts unless there exists
an accessory use which requires more than a normal residential parking
area.
D.Â
Paving. Every parking lot shall be paved with the type material and
thickness sufficient to support the loads to be imposed and with a
surface not subject to excessive dusting.
E.Â
Drainage.
(1)Â
All parking lots shall be so graded that stormwater will flow away
from any building and will not drain upon abutting properties, sidewalks
and pavements.
(2)Â
Drainage for all parking lots shall be designed in accordance with
standards and recommendations in the Storm Drainage Manual, published
by the Erie and Niagara Counties Regional Planning Board, using the
rational method and a minimum recurrent storm of 10 years, and shall
lead to an approved public outfall.
(3)Â
All drainage pipes and appurtenances shall be installed by a licensed
master plumber and only after receiving a permit from the Senior Plumbing
inspector and paying the prescribed fee.
F.Â
Barricades.
(1)Â
Every parking space that abuts a property line shall be provided
with a barricade to prevent the encroachment of vehicles over the
property line.
(2)Â
The following barricades are approved for use in parking lots in
the City of Lockport:
(a)Â
The following, provided that they are located four feet from
any property line and installed in accordance with Drawing No. 1:[1]
[1]Â
City of Lockport standard concrete curb.
[2]Â
Reinforced concrete bumper.
[3]Â
Reinforced timber bumper.
[1]
Editor's Note: Drawing No. 1 is on file in the office of the
Building Inspector.
(3)Â
The color of all barricades shall be such that they contrast with
the pavement and are readily discernible at all times of the day or
night.
(4)Â
Barricades other than the typical barricades listed above may be
installed upon approval of the Code Enforcement Officer. A buffer
zone, shrubs, fencing, etc., shall be installed and maintained for
privacy of adjoining properties.
G.Â
Aprons.
(1)Â
All aprons installed on driveways connecting to a City street shall
conform to the City of Lockport Engineering Department Specifications
available at the Engineering Department of the City of Lockport.
(2)Â
All apron widths connecting to a City street or a state arterial
shall be installed in accordance with approved plans and City and
state laws, rules and regulations.
A.Â
General requirements.
(1)Â
Sidewalks will be required along the entire street frontage of a
lot or parcel that abuts a major collector or local street when the
lot or parcel is developed and along the entire frontage of such other
lots or parcels as the Planning Board or Common Council shall direct.
Walks along City streets shall be located in accordance with Figure
1.[1] If the street is a state highway, the walks shall be located
in accordance with the work permit issued therefor.
[1]
Editor's Note: Figure 1 is on file in the office of the
Building Inspector.
(2)Â
The Planning Board, as a part of the site plan approval, or the Common
Council may waive the requirement for a street walk on a given parcel
or development.
(3)Â
Sidewalks need not be installed on new collector and local streets
unless required by the Planning Board as part of an approved site
plan or by the Common Council, in which event they shall be located
in accordance with Figure 1.[2]
[2]
Editor's Note: Figure 1 is on file in the office of the
Building Inspector.
(4)Â
Sidewalks shall be installed at the time of development along the
entire street frontage of any lot or parcel abutting a collector or
local street existing on the effective date of this chapter, unless
waived by resolution of the Planning Board as a part of the approved
site plan or by the Common Council.
(5)Â
"Site plan," as used in this chapter, shall mean the document and/or
procedure as defined in the Zoning Ordinance.[3] The determination of whether a particular street is a
major collector, arterial or local street shall be made by the Planning
Board either as part of the site plan review or as a separate determination.
(See Subdivision Regulations.[4])
B.Â
Construction standards.
(1)Â
Sidewalks shall be a minimum of four feet wide and a maximum of five
feet wide in all residential areas. In all other areas, the sidewalk
width shall be determined by the Planning Board.
(2)Â
Elevation and grading.
(a)Â
The elevation of the sidewalk shall be the curb elevation, plus
1/4 inch to one foot for the distance measured from the curbline to
the outer line of the sidewalk. Where no curb exists, the elevation
of the crown of the street shall be used in place of the curb elevation.
Drives shall be so graded that the portion occupying the space reserved
for sidewalks shall meet the requirements for sidewalks.
(b)Â
Where no grades have been established or where local conditions
warrant a deviation from the foregoing, the Engineering Department
shall establish lines and elevations.
(3)Â
Within the street right-of-way where any sidewalks(s) and/or drives
exist in the same block, additional sidewalk(s) and/or drives shall
conform to those existing in such blocks or to the ruling of the Code
Enforcement Officer.
C.Â
Maintenance of sidewalks and snow removal.
(1)Â
The owner or occupant of any premises fronting or abutting on any
street shall repair, keep and maintain the sidewalk of such premises
free and clear of snow, ice, dirt and other obstructions. Any such
owner or occupant shall be liable for any injury or damage by reason
of omission, failure or negligence to repair, keep and maintain such
sidewalk or to remove snow, ice or other obstructions therefrom.
(2)Â
No person shall plow, shovel, sweep or pile snow, ice or other materials
in or beyond the right-of-way of any street or public thoroughfare,
or cause such to be done, so as to interfere with the safety and convenience
of public travel.
A.Â
Licensing.
(1)Â
License; when required. No person shall conduct electrical inspections
pursuant to applicable codes unless the person undertaking such inspections
has obtained a license to inspect from the Chief Building Inspector.
(2)Â
Application for license.
(a)Â
Applications for licenses shall be made at the Building Inspection
Office. Such applications shall be made on forms prescribed by the
Chief Building Inspector and shall contain such information as he
or she may require.
(b)Â
Persons seeking a license must submit documentation and certify
that they meet the standards for an electrical inspection agency established
by the Chief Building Inspector. The standards shall be filed in the
office of the Commissioner and the City Clerk.
(3)Â
Issuance of license. The Chief Building Inspector shall issue a license
if, in his or her judgment, the applicant meets the standards for
an electrical inspector and is competent to conduct electrical inspections.
The City shall maintain a minimum of one and a maximum of three licensed
inspectors.
(4)Â
Licensee. No person licensed under this chapter shall be deemed as
an employee, officer or independent contractor of the City of Lockport.
(5)Â
Revocation and expiration.
(a)Â
The Chief Building Inspector, at any time subsequent to the
issuance of a license, if he or she has reason to believe that the
licensee no longer meets the standards for an electrical inspector
or is no longer competent to conduct electrical inspections, shall,
after a hearing before the City's Corporation Counsel, have the
power to suspend or revoke the license.
(b)Â
All licenses, unless sooner revoked, shall expire on the last
day of December after the date of issuance, and application for a
new license shall be made in the same manner as for the original license
by the last day of November.
B.Â
Inspections.
(1)Â
Conformance with standards. All electrical installations, alterations
and repairs of wiring for electrical, light, heat and power shall
be made in conformity with the requirements of the edition of the
National Electrical Code, published by the National Fire Protection
Association, designated by order or regulation of the Code Enforcement
Officer.
(2)Â
Inspections.
(a)Â
Inspections shall only be conducted by individuals licensed
by the Chief Building Inspector.
(b)Â
The inspector shall make inspections and reinspections of electrical
installations within the City of Lockport upon the written request
of the Building Inspections Department pursuant to this chapter.
(c)Â
In the event of any emergency, the inspector shall make electrical
inspections upon the oral request of an official or officer of the
City of Lockport.
(3)Â
Applicability. The provisions of this chapter shall not apply to
the electrical installations in mines, ships, railway cars, automotive
equipment or the installations or equipment employed by a railway,
electrical or communication utility in the exercise of its function
as a utility and located outdoors or in buildings exclusively for
that purpose.
(4)Â
Reporting. The inspector shall issue a written report to the Chief
Building Inspector within 72 hours after conducting an inspection.
The Chief Building Inspector shall enforce all the provisions of this
chapter, the electrical provisions of the National Electric Code,
all local laws and ordinances, and the Building Code, insofar as any
of the same apply to electrical wiring.
(5)Â
Certificate of compliance. The inspector shall issue a certificate
of compliance when the electrical installations and equipment are
completed and are in conformity with this chapter. The inspector shall
cause a copy of the certificate of compliance to be filed with the
Chief Building Inspector in the City of Lockport within 72 hours from
the completion of the inspection. The certificate of compliance shall
be in writing, on the licensee's letterhead, and shall contain
the address of the premises and a description of the work approved.
(6)Â
Additional provisions. This § 66-16, entitled "Electrical standards," is a supplement to the Electrical Ordinance of the City of Lockport that was approved by Common Council and effective September 30, 1964, along with any additional amendments. For further information regarding electrical inspections, permits and other pertinent information, refer to Chapter 89, Electrical Standards.
(7)Â
Penalties for offenses. Any person found to be in violation of the
provisions under this chapter by the Chief Building Inspector shall
be subject to penalties as determined by the Chief Building Inspector.
Penalties shall include written warnings, license suspension or license
revocation. The inspector shall have the right to request a hearing
in the event that its license is suspended or revoked. Said hearing
shall be conducted before the City Corporation Counsel.
A.Â
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
City as required by the Uniform Code. Such determinations shall be
made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)Â
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termites; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)Â
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3)Â
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.Â
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.Â
FLOOR AREA
Definitions. For purposes of this section, the following definitions
apply:
The habitable floor, using exterior building dimensions,
plus the floor area of any accessory structure, such as a garage,
shed, tennis court, etc.
B.Â
Building permit fees. The following fees shall be payable to the
Department of Building Inspection before the issuance of a building
permit, certificate of occupancy or home occupation:
(5)Â
Swimming pools: $50.
(6)Â
Solid-fuel-burning devices and/or chimneys: $50.
(10)Â
Demolition of buildings.
(b)Â
Nonresidential.
[1]Â
From zero to 5,000 cubic feet: $75.
[2]Â
Five thousand one to 10,000 cubic feet: $100.
[3]Â
Ten thousand one to 20,000 cubic feet: $125.
[4]Â
Twenty thousand one to 50,000 cubic feet: $150.
[5]Â
Fifty thousand one to 100,000 cubic feet: $175.
[6]Â
One hundred thousand one to 200,000 cubic feet: $225.
[7]Â
Two hundred thousand one to 500,000 cubic feet: $300.
[8]Â
Over 500,000 cubic feet: $1,000.
(11)Â
Fences: $20.
(16)Â
Hot water tanks and furnaces: $30.
(19)Â
Temporary building or trailers: $100.
(20)Â
Certificates of compliance.
(a)Â
Single-family: $100.
(b)Â
Two-family: $125.
(c)Â
Multiple-family, each dwelling unit or sleeping room: $25, with
a minimum fee of $150.
(d)Â
Commercial, per tenant: $75, with a minimum fee of $250.
(e)Â
Industrial, per tenant: $125, with a minimum fee of $500.
(f)Â
Copy of any certificate: $25.
(24)Â
Marking property lines and curb box location: $20.
A.Â
Natural ponds, excavations, quarries and gravel pits. Owners of property
upon which ponds, excavations, quarries and gravel pits excavated
or formed by natural causes exist shall be responsible for the posting
of "no trespassing" signs.
B.Â
Yard drainage.
(1)Â
Yards and areas must always be properly drained and connected to
a storm sewer or other approved outfall. Where storm- or roof water
connects to four-inch drain tile under curb or open gutter, there
must be a four-inch T just inside of curb or gutter and a four-inch
cast-iron pipe brought three inches above grade capped with a mushroom
vent cap for overflow.
(2)Â
The rear yard of all lots upon which a structure is to be constructed
shall be drained either:
(a)Â
By grading of the lot with a 1% grade pitching from the rear
lot line toward the front property line, using the curb level or the
crown of the road as the base level; or
(b)Â
With an approved swale system that will direct all water to
an approved outfall without spilling any on adjacent property and
only after filing of an appropriate deed restriction to prevent the
altering of the swales; or
(c)Â
By a stormwater drainage system designed to drain a minimum
ten-year recurrent storm at such a rate that water will not enter
the lowest architectural opening of a building on the lot. This system
must have appropriate provisions for cleaning and maintenance.
C.Â
Chimneys, gas vents and smoke pipes. If a fire or related heating
problem should occur, as referenced in the New York State Uniform
Fire Prevention and Building Code Section 1163.9e, in any chimney,
smokestack flue, gas vent, smoke pipe or connector, then that item
shall be inspected for safety of operation, unhealthful emission of
smoke, structural and fire safety by the Code Enforcement Official
or his designated representative before any further use. Any cost
connected to this inspection shall be the responsibility of the property
owner. If any equipment is found unsafe, the device shall be withdrawn
from service until the necessary repairs have been made and the device
reinspected.
A.Â
License required; definitions.
(1)Â
It shall be unlawful to engage in business in the City of Lockport
as a building contractor without first having obtained a license therefor
as hereinafter provided.
(2)Â
BUILDING CONTRACTOR
LICENSE REVOCATION BOARD
As used in this section, the following terms shall have the meanings
indicated:
Includes anyone engaged in the business of cement or concrete
contracting, either flat form or wall work, or as a masonry contractor
or as a carpenter contractor or as a general building contractor and
any person engaged in the construction, alteration or repair of buildings
or other structures or sidewalks or street pavements or demolition
of buildings or any other similar activity requiring a permit from
the City of Lockport.
A board that will meet periodically at the request of the
Chief Building Inspector when he feels the need to remove or suspend
a license from a person or corporation doing business within the City
of Lockport. This Board shall consist of the Chief Building Inspector,
one Council member, two contractors and one citizen, all appointed
by the Mayor for two-year terms.
B.Â
License. Any person desiring to engage in the contracting business
shall make application for a license to the Building Inspector on
a form prescribed by him. The application shall be signed and verified
under oath by the applicant if an individual and by a duly authorized
agent if a partnership or by a duly authorized officer of a corporation.
The application shall contain the following information:
(1)Â
If a person, the name, residence and business address of the applicant.
(2)Â
If a partnership, the name, residence and business address of each
partner.
(3)Â
If a domestic corporation, the name and business address of the corporation,
the name and residence address of the principal officer of the corporation;
if a foreign corporation, the date it was authorized to do business
in the State of New York, together with the names of the particular
officers and local agents and their residence and business addresses.
(4)Â
The number of years the applicant has engaged in the contracting
business.
(5)Â
The specific type of business or work performed by the applicant.
(6)Â
The approximate number of persons to be employed by the applicant.
(7)Â
Satisfactory evidence that employees of the applicant are covered
by workmen's compensation and disability insurance.
(8)Â
Satisfactory evidence that the applicant is covered by general liability,
personal injury and property damage insurance.
(9)Â
Such other information as the Building Inspector may require.
C.Â
Issuance of license; fees. The Building Inspector, upon satisfactory
proof of the above requirements, shall issue a license. Any application
so approved shall be issued by the Building Inspector upon payment
to him of the fee required by this section.
D.Â
Duration; posting; renewal; duplicates; transferability; fees.
(1)Â
All licenses shall expire each year on the 31st day of December.
(2)Â
Each license issued shall be posted in a conspicuous place on the
contracting establishment.
(3)Â
Any license which has not been suspended or revoked may, upon the
payment of a fee prescribed by this section, be renewed for an additional
period of one year from its expiration upon the filing of an application
for renewal on a form to be prescribed by the Building Inspector.
(4)Â
A duplicate license may be issued for a lost, destroyed or mutilated
license upon application therefor to the Building Inspector upon payment
of the fee prescribed therefor by this section.
(5)Â
No license shall be assignable or transferable.
(6)Â
The fee for a license or for a renewal thereof to conduct a contracting
business shall be $200.
E.Â
Compliance with regulations. It shall be the duty of all building
contractors to comply with all ordinances relating to the construction
of buildings or other structures, to the construction of streets or
sidewalk pavement and all laws or ordinances pertaining to or regulating
the activities engaged in.
F.Â
Revocation of license. Any building contractor's license may
be revoked by the License Board for repeated violations of any ordinance
relating to the construction of buildings, building permits, the use
of streets or the replacing of streets, sidewalks or parkways or any
other ordinance relating to the work performed by such contractor.
The Building Inspector shall also revoke any license upon the building
contractor's failure to keep insurance coverage in force. Such
revocation may be in addition to any fine imposed for violating this
section.
G.Â
Insurance. No permit shall be issued for the construction of a building
or structure in the City or for the repair or alteration of the interior
or exterior of any building or structure unless a certificate or other
proof is filed showing that the contractor carried workmen's
compensation insurance and public liability insurance with limits
of at least $100,000 for each person, $300,000 for each accident or
bodily injury liability and $10,000 on property damage liability.
H.Â
Penalties for offenses. Any person, firm or corporation violating
any provision of this section shall be guilty of a violation and subject
to a fine not to exceed $250 or imprisonment for a period not exceeding
15 days, or both.
A.Â
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)Â
All applications received, reviewed and approved or denied;
(2)Â
All plans, specifications and construction documents approved;
(3)Â
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)Â
All inspections and tests performed;
(5)Â
All statements and reports issued;
(6)Â
All complaints received;
(7)Â
All investigations conducted;
(8)Â
All condition assessment reports received;
(9)Â
All fees charged and collected; and
B.Â
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.Â
The Code Enforcement Officer shall annually submit to the Common Council of this City a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 66-21, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.Â
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this City, on a form prescribed by the Secretary
of State, a report of the activities of this City relative to administration
and enforcement of the Uniform Code.
C.Â
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of the records and related materials
this City is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.Â
Orders to remedy. The Code Enforcement Officer is authorized to order
in writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. An order to
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following: "The person or entity served with this order to remedy
must completely remedy each violation described in this order to remedy
by _____[specify date], which is 30 days after the date of this order
to remedy." The order to remedy may include provisions ordering the
person or entity served with such order to remedy 1) to begin to remedy
the violations described in the order to remedy immediately or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.Â
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.Â
Penalties. In addition to such other penalties as may be prescribed
by state law,
(1)Â
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter shall be punishable
by a fine of not more than $250 per day of violation, or imprisonment
not exceeding 15 days, or both; and
(2)Â
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to pay a civil penalty of not more than $250
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this City.
D.Â
Injunctive relief. An action or proceeding may be instituted in the
name of this City, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter. In particular, but not byway of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this City, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Common Council of this City.
E.Â
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 66-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 66-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Common
Council of this City. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Common Council of this City may, by resolution, authorize
the Mayor of this City to enter into an agreement, in the name of
this City, with other governments to carry out the terms of this chapter,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.