[Adopted 11-26-1985 as L. L. No.
5-1985]
[Amended 4-25-1995 by L.L. No. 4-1995]
This Article shall be known as the "Building
Construction Code of the City of Gloversville" and is referred to
in this Article in the short form as "this Article."
[Amended 4-25-1995 by L.L. No. 4-1995]
The purpose of this Article is to provide uniform
and safe standards for construction, demolition, equipment and all
other related work as described in the New York State Uniform Fire
Prevention and Building Code.
A. Words used in the present tense include the future
tense; words in the singular number include the plural and the plural
the singular. The word "shall" is mandatory and not directory.
B. For the purposes of this Article, certain words and
terms used herein are defined as follows:
CODE ENFORCEMENT OFFICIAL
The Building Inspector, Deputy Building Inspector, Plumbing
Inspector, Electrical Inspector and any other duly authorized agent
of the Division of Buildings.
CONTRACTOR
Any person, firm or corporation who does work for hire and
receives monetary compensation.
DEMOLITION
The razing of a building or structure in whole or in part,
the removal of debris from the premises and the filling of all below-grade
excavations created by the razing.
EQUIPMENT
See the New York State Uniform Fire Prevention and Building
Code.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any premises as owner or agent of the owner, or as fiduciary,
including but not limited to executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by said lessee.
[Added 2-9-2016 by Ord.
No. 1-2016]
PERMIT
Any building permit, demolition permit and/or equipment permit.
PREMISES
Any lot, plot, parcel or any real property within the limits
of the City of Gloversville, and shall include all buildings and structures
situated thereon.
REPAIR
See the New York State Uniform Fire Prevention and Building
Code.
A. The New York State Uniform Fire Prevention and Building
Code and all of its provisions and existing and future amendments
are hereby adopted for the regulation of building construction in
and for the City of Gloversville, New York.
[Amended 4-25-1995 by L.L. No. 4-1995; 5-25-2005 by Ord. No. 3-2005]
B. The National Electrical Code and all its existing
and future amendments shall be the acceptable standard for all electrical
installations.
All building construction in the City of Gloversville,
New York, to which the New York State Uniform Fire Prevention and
Building Code, by its terms and provisions, is or may be applicable,
shall comply with the provisions of this Article.
The New York State Uniform Fire Prevention and
Building Code shall supersede and render inoperative all provisions
of local laws or ordinances regulating the construction, conversion,
alteration, demolition or repair of any buildings or portions thereof
to which the New York State Uniform Fire Prevention and Building Code,
by its terms, is or may be applicable.
A. The Building Inspector shall administer and enforce
the Building Construction Code as prescribed by the City of Gloversville.
[Amended 5-25-2005 by Ord. No. 3-2005]
B. Within the Division of Buildings, there shall be a
Plumbing Inspector who shall be appointed in accordance with the Civil
Service Law and who shall hold a certificate of competency as a master
plumber.
C. The Chief Inspector and each of the duly appointed
Inspectors of inspection agencies on the list of Electrical Inspection
Agencies recognized by the City of Gloversville, to be kept in the
City Clerk's office, is hereby designated as Electrical Inspector,
and each is hereby authorized and deputized, as agents of the City
of Gloversville, to make inspections and reinspection of all electrical
installations heretofore and hereafter described and to approve or
disapprove the same. In no event, however, will the cost or expense
of such inspections and reinspection be a charge against the City
of Gloversville.
[Amended 7-24-1996 by Ord. No. 9-96]
D. The Common Council shall approve any agency to be
included on the list upon the agency submitting proof of its experience
and qualification as such electrical inspection agency and providing
the City of Gloversville with proof of insurance in the amount of
at least:
[Added 7-24-1996 by Ord. No. 9-96]
(1) One million dollars for public liability/general aggregate.
(2) Five hundred thousand dollars minimum combined single
limit for bodily injury/property damage.
(3) Worker's compensation as required by New York State
statute or written statement as to why none is required.
(4) All insurance shall name the City of Gloversville
as additional insured.
E. All qualified electrical inspection agencies shall
be subject to review by the Common Council on a yearly basis.
[Added 7-24-1996 by Ord. No. 9-96]
A. Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein otherwise provided,
the Building Inspector shall administer and enforce all of the provisions
of the laws, ordinances, rules and regulations applicable to the plans,
specifications or permits for the construction, alteration and repair
of buildings and structures and the installation and use of materials
and equipment therein and the location, use and occupancy thereof.
B. The Building Inspector shall promulgate rules and
regulations, subject to the approval of the Common Council of the
City of Gloversville, New York, to secure the intent and purposes
of this Article and a proper enforcement of the laws, ordinances,
rules and regulations governing building plans, specifications, construction,
alteration or repair.
C. The Building Inspector shall receive and approve building
permit applications, plans and specifications and approve permits
for the erection and alteration of buildings or structures or parts
thereof and shall examine the premises for which such applications
have been received, plans have been approved or such permits have
been issued for the purpose of ensuring compliance with laws, ordinances,
rules and regulations governing building construction or alterations.
D. The Building Inspector shall issue, in writing, all
appropriate notices or orders to remove illegal or unsafe conditions,
to require the necessary safeguards during construction and to ensure
compliance during the entire course of construction with the requirements
of such laws, ordinances, rules and regulations, and such notices
or orders may be served upon the property owner or his agent personally
or by sending, by certified mail, a copy of such order to the owner
or his agent at the address set forth in the application for permission
for the construction or alteration of such building or by posting
the same upon a conspicuous portion of the premises to which the notice
applies. He shall make all inspections which are necessary or proper
for the carrying out of his duties, except that he may accept written
reports of inspection from other code enforcement officials or from
generally recognized and authoritative service and inspection bureaus
or agencies, provided that the same are certified by a responsible
official thereof.
E. Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, ordinances, rules
and regulations covering building construction or alteration, he may,
in his discretion, accept and rely upon written reports of tests in
the field by experienced, professional persons or by accredited and
authoritative testing laboratories or service and inspection bureaus
or agencies.
F. The Building Inspector shall approve a certificate
of occupancy where appropriate, which such certificate shall certify
that the building conforms to the requirements of the New York State
Uniform Fire Prevention and Building Code.
G. The Building Inspector shall have the power to waive
any and all provisions of this Article in the event of an emergency.
It shall be the duty of the Electrical Inspector
to report in writing to the Building Inspector all violations of or
deviations from or omissions of the provisions of the National Electrical
Code and the New York State Uniform Fire Prevention and Building Code,
referred to in this Article, insofar as any of the same apply to electrical
wiring. The Electrical Inspector shall make inspections and reinspections
of electrical installations in and on properties in the City of Gloversville
upon the written request of either the Mayor, Building Inspector or
Chief of the Fire Department of the city or, in the event of an emergency,
upon the oral request of such official or officer. It shall be the
duty of the Electrical Inspector to furnish written reports to the
Building Inspector of the City of Gloversville and owners and/or lessees
of property where defective electrical installations and equipment
are found upon inspection. He shall authorize the issuing of a certificate
of compliance when electrical installations and equipment are in conformity
with this Article. He shall direct that a copy of the certificate
of compliance be sent to the City of Gloversville to the attention
of the Building Inspector.
No person, firm or corporation shall be represented
as a plumbing contractor unless he or it is registered by the City
Clerk as prescribed in the city's plumbing and sewer rules and regulations.
An appeal by an aggrieved person may be made
to the Board of Review created by Executive Law § 381, Subsection
1f, and described in Article 440 of Title 19 of the New York Codes,
Rules and Regulations.
A. The code enforcement official shall maintain a record
of all transactions and activities conducted by him, including a copy
of all applications received, plans approved and notices and orders
issued. All such records shall be public records and open to public
inspection during normal business hours.
B. The City Clerk shall keep a record of all permits
and licenses issued, fees charged and collected and all rules and
regulations promulgated by the Building Inspector with the consent
of the Common Council. The City Clerk shall file with the Building
Inspector a copy of all permits issued and all rules and regulations
when approved by the Common Council. All such records shall be public
records and open to public inspection during normal business hours.
C. The Building Inspector shall, annually, submit to
the Fire Chief a written report and summary of all business conducted
by the Division of Buildings, which may include approvals, permits
and certificates issued, orders and notices promulgated, inspections
and tests made and appeals or litigation pending or concluded.
[Amended 5-25-2005 by Ord. No. 3-2005]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law
or ordinance, as well as any regulation or rule promulgated by the
Building Inspector in accordance with applicable laws, or to fail
in any manner to comply with a notice, directive or order of a code
enforcement official, or to construct, alter, use or occupy any building
or structure or part thereof in a manner not permitted by an approved
permit or certificate of occupancy.
B. Any person who shall fail to comply with a written
order of the code enforcement official within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or his agents or any other
person taking part or assisting in the construction or use of any
building who shall knowingly violate any of the applicable provisions
of law or any lawful order, notice, directive, permit or certificate
of a code enforcement official made thereunder, shall be punishable
by a fine not exceeding $250 or imprisonment not to exceed 30 days,
or both. Each day that a violation continues shall be deemed a separate
offense.
C. Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person found guilty
of such an offense.
Appropriate action and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law. All costs resulting
from the abatement of a violation shall be a lien and shall be collectible
in accordance with law.
This Article shall not be construed to relieve
from or lessen the responsibility of any person, firm or corporation
for loss of life or damage to person or property caused by any defect
therein or caused by act of said person, firm or corporation, nor
shall the City of Gloversville be deemed to have assumed any such
liability by reason of issuing any certificates, permits, orders or
any inspections made pursuant to this Article.
All building, demolition and equipment permits
shall be governed by the following rules and such additional rules
described in this Article:
A. Rule No. 1: Application for permits.
(1) No person, firm, corporation, association or other
organization shall commence the erection, construction, enlargement,
alteration, improvement, removal or demolition of any building or
structure, except an agricultural building or structure, nor install
heating equipment without having applied for and obtained a permit
from the City Clerk. However, no permit shall be required for the
performance of necessary repairs which are not of a structural nature
and which are done in conformance with the New York State Uniform
Fire Prevention and Building Code.
(2) Applications for a permit shall be made to the code
enforcement official on forms provided by him and shall contain the
following information:
(a)
A description of the site on which the proposed
work is to be done.
(b)
A statement of the use or occupancy of all parts
of the land and of the proposed building or structure.
(c)
The estimated cost of the proposed work with
appropriate substantiation.
(d)
The full name and address of the owner and of
the applicant and, if either is a corporation, the names and addresses
of responsible officers.
(e)
A brief description of the proposed work.
(f)
The application shall be signed by the owner
or his authorized agent.
(g)
A statement that the applicant consents to permit any code enforcement official to enter upon the premises without a search warrant in the manner prescribed in Rule No. 7. (See Subsection
G.)
(h)
One set of plans and specifications for the
proposed work. Plans and specifications shall bear the signature of
the person responsible for the design and drawings and, where required
by § 7202 or 7302, as amended, of Article 145 or 147, respectively,
of the Education Law of the State of New York, the seal of a registered
architect or a licensed professional engineer.
(i)
The applicant may request that the requirement
of plans and specifications be waived where the work to be done involves
minor alterations or is otherwise unnecessary.
(3) Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the code
enforcement official and approval received from the code enforcement
official prior to the commencement of such change of work.
B. Rule No. 2: Issuance of permits.
(1) The code enforcement official shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within 60 days from the date of submission of the application.
(2) Upon approval of the application by the code enforcement
official and upon receipt of the legal fees therefor, the City Clerk
shall issue a permit to the applicant upon the form prescribed by
the City Clerk and shall affix his signature or cause his signature
to be affixed thereto.
(3) Upon approval of the application, the plans and specifications
shall be endorsed with the word "approved," dated and initialed. The
approved plans and specifications shall be retained in the files of
the code enforcement official.
(4) If the application, together with plans, specifications
and other documents filed therewith, describe proposed work which
does not conform to all of the requirements of the applicable building
regulations, the code enforcement official shall disapprove the same
and stamp the word "disapproved," the date and his initial. The code
enforcement official shall retain these plans and specifications in
his files. Upon the written request of the applicant, the code enforcement
official shall cause such refusal, together with the reasons therefor,
to be transmitted to the applicant in writing.
(5) If the applicant desires to have a copy of plans and
specifications marked "approved" or "disapproved" for his records,
he must submit an additional complete set and request that they also
be marked "approved" or "disapproved" at the time of filing the application.
(6) Permits may be renewed for successive one-year periods,
provided that:
(a)
The owner or his authorized agent makes an application
requesting the renewal to the code enforcement official on forms provided
by him.
(b)
The permit has not been revoked nor a stop order
issued at the time the application for renewal is made.
(c)
The relevant information in the application
is up-to-date.
C. Rule No. 3: Fees. Upon approval by the code enforcement
official, the City Clerk shall collect the following fees:
[Amended 5-24-1988; 9-27-1988 by Ord. No. 88-30]
(1) Upon the filing of an application for a building permit,
sign permit, etc., the following fees, which are nonrefundable, shall
be payable. For buildings in the classifications hereinafter enumerated,
such fees shall be in accordance with the class of use, unit size
or cubic contents as set forth in the following. (Proposed rooms shown
on plans, such as family, recreation, toilet and laundry rooms, shall
be considered as floor area.)
(a)
Private garages.
[1]
For one- or two-car private garages up to 600
square feet, whether attached to dwellings or unattached: $25
[2]
For one- or two-car private garages over 600
square feet, whether attached to dwellings or unattached: $40.
(b)
For one- or two-family dwellings, multiple dwellings
or business uses (nonresidential) with up to 5,000 cubic feet of volume,
structural alterations, additions, enlargements or conversions to
or in an existing structure, such as the completion of expansion attics
so as to make additional rooms, or the addition of additional rooms
to existing structures, or adding, extending or enclosing porches:
[1]
When the cost of construction is $1,000 or less:
$10.
[2]
For each additional $1,000 or fraction thereof,
up to and including $15,000: $3.
[3]
For each additional $1,000 or fraction thereof
exceeding $15,000: $2.
(c)
For one-family dwellings:
[1]
Having 1,000 square feet of floor area or less:
$100.
[2]
Having more than 1,000 square feet up to and
including 2,000 square feet of floor area per unit: $150.
[3]
Having more than 2,000 square feet up to and
including 3,000 square feet of floor area per unit: $200.
[4]
Having more than 3,000 square feet of floor
area: $250.
(d)
For two-family dwellings:
[1]
Having 1,000 square feet of floor area or less:
$150.
[2]
Having more than 1,000 square feet up to and
including 2,000 square feet of floor area: $200.
[3]
Having more than 2,000 square feet up to and
including 3,000 square feet of floor area: $250.
[4]
Having more than 3,000 square feet of floor
area: $300.
(e)
For a combination of one- or two-dwelling units
and business uses in a building:
[1]
Dwelling units:
[a] Having 1,000 square feet of floor
area or less per unit: $100.
[b] Having more than 1,000 square feet
up to and including 2,000 square feet of floor area per unit: $150.
[c] Having more than 2,000 square feet
up to and including 3,000 square feet of floor area per unit: $200.
[d] Having more than 3,000 square feet
of floor area per unit: $250.
[2]
Business uses:
[a] For the first 10,000 cubic feet
of volume: $150.
[b] For the next 40,000 cubic feet,
for each 1,000 cubic feet thereof: $5.
[c] For each 1,000 cubic feet over
50,000 cubic feet: $4.
(f)
For buildings containing more than two dwelling
units (multiple dwellings such as apartment houses, hotels, motels,
etc.), the charge for permits shall be based upon cubic contents as
follows :
[1]
For the first 10,000 cubic feet of volume: $300.
[2]
For the next 20,000 cubic feet, for each 1,000
cubic feet thereof: $5.
[3]
For each 1,000 cubic feet over 30,000 cubic
feet: $4.
(g)
For buildings of nonresidential occupancy for
business use:
[1]
For the first 10,000 cubic feet of volume: $200.
[2]
For the next 40,000 cubic feet, for each 1,000
cubic feet thereof: $5.
[3]
For each 1,000 cubic feet over 50,000 cubic
feet: $3.
(h)
For churches, parochial schools, private schools,
convents, dormitory buildings or other buildings accessory to schools,
colleges or churches, the charge for permits shall be based on cubic
contents as follows:
[1]
For the first 10,000 cubic feet of volume: $150.
[2]
For the next 40,000 cubic feet, for each 1,000
cubic feet thereof: $5.
[3]
For each 1,000 cubic feet over 50,000 cubic
feet: $4.
(i)
For farm buildings, including barns, poultry
houses, silos, animal shelters, sheds and buildings for the storage
of implements used for farming purposes, the charges for permits shall
be based upon the total cost of labor and material in accordance with
the following:
[1]
When the cost of construction is $1,000 or less:
$25.
[2]
For each additional $1,000 or fraction thereof,
up to and including $15,000: $5.
[3]
For each additional $1,000 or fraction thereof,
up to and including $50,000: $4.
[4]
For each additional $1,000 or fraction thereof
exceeding $50,000: $2.
(j)
Equipment permits:
[1]
Where the total cost of construction is $1,000
or less: $10.
[2]
For each additional $1,000 or fraction thereof,
up to and including $15,000: $3.
[3]
For each additional $1,000 or fraction thereof,
up to and including $50,000: $2.
[4]
For each additional $1,000 or fraction thereof
exceeding $50,000: $1.
(2) For a building, demolition or equipment permit renewal:
$10; for a building, demolition or equipment second renewal: $25;
and for a third renewal: $100.
(3) Notes:
(a)
The floor area of a building is determined by
using the exterior dimensions of the building.
(b)
The volume of a building is determined by using
the exterior dimensions of the building. Volume should include all
attic or concealed spaces, two feet below the bottom of the slab for
slab-on-grade buildings and to the underside of basement or cellar
floors for all other buildings.
D. Rule No. 4: Performance of work under a permit.
(1) All work shall conform to the approved application,
plans and specifications and shall be in accordance with applicable
building laws, ordinances, rules and regulations. A permit shall be
effective to authorize the commencing of work for a period of one
year.
(2) Permits shall be prominently displayed on the job
site at all times during the progress of the work.
E. Rule No. 5: Revocation of a permit. The code enforcement
official may revoke a permit theretofore issued in the following instances:
(1) Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the permit was based.
(2) Where he finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law.
(3) Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4) Where the person to whom a permit has been issued
fails or refuses to comply with a stop order issued by the code enforcement
official.
(5) Where the property for which the permit was issued
changes ownership.
F. Rule No. 6: Stop orders. Whenever the code enforcement
official has reasonable grounds to believe that work on any building
or structure is being prosecuted in violation of the provisions of
the applicable building laws, ordinances, rules or regulations or
not in conformity with the provisions of an application, plans or
specifications on the basis of which a permit was issued or in an
unsafe and dangerous manner, he shall notify the owner of the property
or the owner's agent to suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until
the stop order has been rescinded. Such order and notice shall be
in writing, shall state the conditions under which the work may be
resumed and may be served upon a person to whom it is directed either
by delivering it personally to him or by posting the same upon a conspicuous
portion of the building or premises where the work is being performed
and sending a copy of the same to him by certified mail at the address
set forth in the application for permission for the construction of
such building or equipment.
G. Rule No. 7: Right of entry. The code enforcement official,
upon the showing of proper credentials and in the discharge of his
duties, shall be permitted to enter upon any building, structure or
premises without interference, during reasonable working hours.
H. Rule No. 8: Certificate of compliance.
(1) No person, firm or corporation shall use any building,
structure, alteration or equipment for which a permit was issued by
the City Clerk for more than 30 days after the completion of the work
unless a certificate of compliance has been issued by the code enforcement
official.
(2) The owner or his agent shall make application for
a certificate of compliance to the code enforcement official on forms
provided by him. Accompanying this application and before issuance
of a certificate of compliance, there shall be filed with the code
enforcement official an affidavit of the owner or the registered architect
or licensed professional engineer who filed the original plans or
of the registered architect or licensed professional engineer who
supervised the construction of the work or of the superintendent of
construction who supervised the work and who, by reason of his experience,
is qualified to supervise the work for which the certificate of compliance
is sought. This affidavit shall state that the deponent has examined
the approved plans of the structure or equipment for which the certificate
of compliance is sought, that the structure or equipment has been
erected or installed in accordance with approved plans and, as constructed,
complies with the law governing building construction or as varied
by a variance which has been legally authorized. Such variances or
qualifying conditions imposed therewith, if any, shall be specified
in the affidavit.
(3) Before issuing a certificate of compliance, the code
enforcement official shall examine or cause to be examined all buildings,
structures, equipment and sites for which a permit has been issued,
and he may conduct such inspections as he deems appropriate from time
to time during and upon completion of the work for which a permit
has been issued.
(4) The code enforcement official shall maintain a record
of inspections and reports as he deems necessary to enforce the provisions
of this Article.
(5) A temporary certificate of compliance may be issued if
the building, structure, equipment or a designated portion of a building,
structure or equipment is sufficiently complete that it may be put
to the use for which it is intended. A temporary certificate of compliance
shall expire six months from the date of issuance but may be renewed
an indefinite number of times. A temporary certificate of compliance
shall only be issued after an inspection by the code enforcement official
and after payment of the appropriate fee, which shall be as follows:
(a)
First certificate of compliance: $15.
(b)
Second certificate of compliance: $25.
(c)
Third and subsequent certificate of compliance:
$100.
I. Rule No. 9: Procedures for certain classes of buildings.
Buildings and premises that are exempt from city code enforcement
as set forth in Executive Law § 381, Subdivision 1g, and
described in Article 441 of Title 19 of the New York Codes, Rules
and Regulations shall annually file an exemption notification with
the Building Inspector. The notification shall be on a form provided
by the Building Inspector.
A. Rule No. 1: Certificate of occupancy. No building
or structure hereafter described in this rule shall be used or occupied
in whole or in part until a certificate of occupancy has been applied
for and has been issued by the Building Inspector.
(1) A certificate of occupancy shall be required for the
following:
(a)
A building hereafter erected.
(b)
An existing building hereafter occupied for
occupancies or uses, which building was not so occupied when this
Article became effective.
(c)
A building moved, in whole or in part, within
the corporate limits of the city.
(d)
An existing building which is altered or repaired
when the cost of such alterations or repairs within any six-month
period exceeds 50% of the cost of replacement of the building at the
beginning of that six-month period.
(e)
A building addition which exceeds 25% of the
gross floor area of the existing building prior to the issuance of
a building permit. The certificate of occupancy issued for an addition
shall only apply to the addition and shall not apply to the existing
building.
(2) Upon the issuance of all required certificates of
compliance, the Building Inspector shall issue a certificate of occupancy
where required.
(3) The certificate of occupancy shall specify the use
or uses and the extent thereof to which the building or structure
or its several parts may be put.
(4) A temporary certificate of occupancy may be issued if the
building or structure or a designated portion of a building or structure
is sufficiently complete that it may be put to the use for which it
is intended. A temporary certificate of occupancy shall expire six
months from the date of issuance but may be renewed an indefinite
number of times. A temporary certificate of occupancy shall only be
issued upon the issuance of all the required certificates of compliance
or temporary certificates of compliance and after payment of the appropriate
fee, which shall be as follows:
(a)
First temporary certificate of occupancy: $15.
(b)
Second temporary certificate of occupancy: $25.
(c)
Third and subsequent temporary certificate of
occupancy: $100.
B. Rule No. 2: Flood zone. All construction within the
flood zone of the city shall comply with the provisions of the Flood
Damage Prevention Ordinance of the City of Gloversville.
C. Rule No. 3: Responsibility of owner to obtain additional
permits.
(1) No person, firm or corporation shall operate, install,
alter, convert or repair any equipment nor occupy any building or
portion thereof for which any permit or permission from the Gloversville
Fire Department may be required by any law, ordinance, rule or regulation.
(2) The owner is responsible for obtaining all permits,
permissions, licenses, certificates, etc., from any other authority
for which same is required.
(3) It is the responsibility of said person, firm or corporation
to obtain any permit or permission, and the issuance of any permit,
certificate of compliance or certificate of occupancy pursuant to
this Article shall not be construed to waive the responsibility of
the owner to obtain any other permit or permission that may be required.
D. Rule No. 4: Exceptions. No building permit shall be
required for work that requires only a demolition or equipment permit.
A. Rule No. 1: Duration of a demolition permit.
(1) Demolition permits shall be issued for a period of
30 days from the date of issue. For good cause, the Building Inspector
may allow a maximum of three extensions for periods of not exceeding
30 days each.
(2) Notwithstanding the provisions of Subsection
A(1) above, if demolition is started and is not completed within the maximum one-hundred-twenty-day period from date of issuance, then the code enforcement official, upon resolution duly adopted by the Common Council, shall cause the building or structure to be demolished and removed after service of proper notice as prescribed in §
102-25 of this chapter.
(3) The Building Inspector shall be given not less than
24 hours' notice before demolition is started.
B. Rule No. 2: Preparations for demolition. All demolition
permit applications shall be accompanied by an affidavit stating that
the demolition site has been prepared for demolition as described
in Section 23-3.2 of Industrial Code Rule 23 of the State of New York.
C. Rule No. 3: Insurance requirements. The following
insurance shall be required for the type of demolition described as
follows:
(1) For demolition where the building or structure is
located one and one-half (1 1/2) times its own height or less,
as measured from its highest peak, from the nearest public property
line or public way, the following insurance shall be required based
on building classification:
(a)
One- and two-story buildings: $1,000,000 public
liability/ general aggregate and $500,000 minimum combined single
limit for bodily injury and property damage.
(b)
Three- and four-story buildings: $500,000 per
person / $1,000,000 aggregate for bodily injury, and $100,000 per
accident / $200,000 aggregate for property damage.
(c)
Buildings five stories and higher: $1,000,000
per person / $2,000,000 aggregate for bodily injury, and $250,000
per accident / $500,000 aggregate for property damage.
(d)
All insurance shall also name the City of Gloversville
as an additional insured.
(e)
All insurance shall be approved by the City
Attorney.
(f)
Workers' compensation, as required by statute,
shall be required.
(2) For the demolition of a portion of a building or structure, the same insurance as described in Subsection
C(1) above shall be required, except as follows:
(a)
Porches on one- and two-family dwellings shall
not require additional insurance, but if they are within one and one-half
(1 1/2) times their own height or less, as measured from their
highest peak, of the nearest public property line or public way, the
minimum insurance shall be the same as for one- and two-story buildings,
and an owner doing his own demolition shall submit proof of this insurance.
(3) The owner of a one- or two-family dwelling shall be
permitted to do demolition work on his property without insurance
as long as the building or structure is located at least one and one-half
(1 1/2) times its own height away from public property or public
ways. Workers' compensation, as required by statute, shall be required.
(4) In the event of an emergency or where the public good
may be best served, any or all of the insurance requirement of this
rule may be modified by the Common Council upon the request of the
Building Inspector or City Attorney.
[Amended 4-24-1990 by Ord. No. 90-7; 8-29-1990 by Ord. No. 90-22; 1-25-1994 by Ord. No. 1-94; 5-25-1994 by Ord. No. 4-94; 5-25-1994 by Ord. No. 7-94; 10-13-2015 by Ord.
No. 4-2015]
A. Inspections and approvals. No person, firm or corporation shall perform
any work on any electrical system until an application for inspection
has been filed with the Electrical Inspector pursuant to the rules
and regulations adopted by the New York Board of Fire Underwriters,
the New York Atlantic Inland Inc., the Middle Department Inspection
Agency Inc., Independent Consolidated Inspection Services, the Commonwealth
Electrical Inspection Service Inc., The Inspector LLC, Northeast Electrical
Inspections, LLC.
B. Any person, firm or corporation shall comply with any other rule
or regulation that has been duly adopted and is necessary for the
Electrical Inspector and the New York Board of Fire Underwriters,
the New York Atlantic Inland Inc., the Middle Department Inspection
Agency Inc., and Independent Consolidated Inspection Services, the
Commonwealth Electrical Inspection Service Inc., The Inspector LLC,
Northeast Electrical Inspections, LLC.
A. Rule No. 1: Plumbing contractors. No person, firm
or corporation shall be represented as a plumbing contractor nor shall
he perform any work as a contractor on any plumbing system unless
he is licensed by the City Clerk.
B. Rule No. 2: Plumbing and sewer rules and regulations.
All plumbing work must additionally comply with the plumbing and sewer
rules and regulations of the City of Gloversville.
C. Rule No. 3: Outdoor swimming pools.
(1) An "outdoor swimming pool" shall be defined as any
swimming pool, tank, depression or excavation or other structure which
shall cause the retaining of water to a greater depth than 24 inches.
"Outdoor swimming pool" shall not be construed to include a wading
pool of the portable type with a maximum depth of three feet. "Outdoor
swimming pool" shall not be construed to mean any natural body of
water or any body of water created and used for industrial purposes.
(2) Outdoor swimming pools are to be constructed with
the following additional requirements:
(a)
Applications for an equipment permit for all
outdoor swimming pools shall be accompanied by plans and specifications
bearing the seal and signature of a licensed architect or licensed
professional engineer.
(b)
No swimming pool will be installed and used
without first obtaining an electrical certificate of compliance from
one of the city's electrical inspectors. Such a certificate shall
state that all the pool's electrical equipment is properly installed
and grounded and the pool itself is properly grounded.
[Amended 4-25-1995 by L.L. No. 4-1995]