[Amended 5-25-2005 by Ord. No. 3-2005; 2-9-2016 by Ord. No. 1-2016]
A. This article shall provide the basic method for administration and enforcement of Chapter
C, Fire Prevention, in the City of Gloversville and shall establish powers, duties and responsibilities in connection therewith.
B. Terms and definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
[Amended 5-25-2005 by Ord. No. 3-2005]
There is hereby designated the Fire Chief to
administer and enforce the New York State Uniform Fire Prevention
and Building Code within the City of Gloversville. The Building Inspector
shall provide technical assistance to the Fire Chief and shall make
inspections and prepare reports of findings and recommendations as
requested by the Fire Chief.
[Amended 11-23-2004 by Ord. No. 11-2004]
A. All windows, doors and similar openings are to be
covered with plywood, which shall be at least 5/8 inch in thickness,
or shall be covered with some other durable substance acceptable to
the Code Enforcement Officer.
B. The covering shall be cut in such a manner that it
fits the storm sash recess of the window frame when appropriate.
C. The exterior face of all plywood or other coverings
installed shall be painted with an exterior paint of good quality
to protect and preserve the plywood. The colors shall be similar to
the house or trim paint.
D. All doors secured with a hasp and padlock shall have
the hasp installed in accordance with manufacturer's directions so
that screws securing the hasp are installed to prevent unauthorized
removal.
E. Any padlock employed shall be one of good service
and dependable quality.
F. All vacant buildings shall be conspicuously posted
by the Fire Department.
G. No vacant building shall be reoccupied nor shall any
signs posted by the Fire Department be removed unless and until inspected
and approved by the Fire Chief or his authorized representative.
[Amended 6-23-1992 by Ord. No. 10-92; 5-25-2005 by Ord. No. 3-2005; 5-23-2006 by Ord. No. 2-2006; 8-27-2019 by Ord. No. 17-2019; 5-10-2022 by Ord. No. 08-2022]
A. The Fire Chief or his duly authorized code enforcement
officer shall conduct periodic inspections for compliance with the
New York State Uniform Fire Prevention and Building Code.
B. If entrance to make an inspection is refused or cannot
be obtained, the Fire Chief, with the aid of the City Attorney, may
apply for a warrant to make an inspection to any court of competent
jurisdiction.
C. Multiple-dwelling inspections. An inspection by the Fire Chief or his duly authorized code enforcement officer is required before a permit is issued on a multiple-dwelling building as defined in §
102-35C(18)(a) and
(b) of the Gloversville City Code:
(1) Notice will be sent by first-class mail to the property owner on
file when inspection is due. The property owner must schedule within
30 days of the postmarked date.
(2) Any follow-up inspection required must be scheduled within 30 days
of the prior inspection.
(3) Any property owner who fails to schedule any follow-up inspections
within the thirty-day time period will be issued a summons and appearance
ticket.
(4) Once inspection has been completed to the standard of the Code Enforcement
Officer, an invoice will be generated by the Commissioner of Finance
Office and mailed to the property owner to the address on file with
the City of Gloversville. The invoice must be paid within 30 days.
The multiple-dwelling permit will be issued upon payment of the invoice.
(5) Penalty
for offense. Any person or entity found in violation of any provision
of this section may be punished by a fine of not less than $250 nor
more than $1,000 for each day that said violation exists.
D. Fees for
inspections.
(1) Multiple-dwelling
inspection fees:
(a) Initial inspection: free.
(b) First follow-up inspection: free.
(c) Second follow-up inspection: $100.
(d) Third and all further follow-up inspections: $250.
(e) Cancellation, reschedule, or failure to be present for a prescheduled
inspection appointment: $50.
(f) Failure to have an inspection conducted within 30 days from the expiration
of a multiple-dwelling permit: $50 for each thirty-day period.
[1] A summons and appearance ticket will be issued after the third consecutive
cancellation, reschedule or failure to be present for a prescheduled
inspection appointment.
(g) Multiple-dwelling permit fee: $50.
(2) Place
of public assembly permit inspections: $50.
(3) Hazardous
materials handling and storage permit inspection: $50.
[Amended 5-25-2005 by Ord. No. 3-2005; 5-10-2016 by Ord. No. 3-2016]
A. A person owning, operating, occupying or maintaining property or
premises within the scope of the New York State Uniform Fire Prevention
and Building Code or this article shall comply with all the provisions
of the New York State Uniform Fire Prevention and Building Code, this
article and all orders, notices, rules, regulations or determinations
issued in connection therewith.
B. Whenever the Fire Chief determines that there has been a violation
of the New York State Uniform Fire Prevention and Building Code, this
article or any rule or regulation adopted pursuant to this article,
a violation order shall be issued to the person or persons responsible.
C. Violation orders shall be in writing, identify the property or premises,
specify the violation and remedial action to be taken and shall provide
a reasonable time limit for compliance.
D. Violation orders may be served by personal service, by mailing by
registered or certified mail or by posting a copy thereof in a conspicuous
place on the premises and mailing a copy thereof to the premises,
within five days of the date of posting, enclosed in a postpaid wrapper
addressed to the person responsible.
[Amended 11-3-1998 by L.L. No. 5-1998; 5-25-2005 by Ord. No.
3-2005]
A. Failure to comply with any of the provisions of the
New York State Uniform Fire Prevention and Building Code, this Article,
rules or regulations adopted pursuant to this Article or a violation
order shall be deemed a violation, and the violator shall be liable
for a fine of not more than $1,000 or imprisonment not to exceed one
year, or both, and each day such violation continues shall constitute
a separate violation.
B. An action or proceeding in the name of the City of
Gloversville may be commenced in any court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of any provision of the New York State Uniform Fire Prevention and
Building Code, this Article or any rules or regulations adopted pursuant
to this Article or a violation order or to vacate the occupancy of
any building or premises in case of imminent danger to life or property.
Such remedy shall be in addition to penalties otherwise prescribed
by law.
The Fire Chief shall keep official records of
all permits, inspection reports, recommendations, complaints and violation
orders.
[Amended 5-25-2005 by Ord. No. 3-2005]
An appeal by an aggrieved person may be made
to the Board of Review created by Executive Law § 381, Subdivision
1f, and described in Title 19 of the New York Codes, Rules and Regulations.
Appeals shall be made as prescribed by the Board of Review.