[Added 1-5-2009 by Ord. No. 65.101.08]
Except as otherwise expressly provided, the following words, whenever used in this article, shall have the following meanings:
ADMINISTRATOR
The Chief of the Department of Fire, Emergency and Building Services or his designee.
BUILDING OWNER
Any person, firm or corporation owning, operating, controlling or maintaining buildings covered by this article.
INSPECTOR
Any person who possesses an inspector's license in accordance with the provisions of this article and who is engaged in the business of inspecting buildings which contain an area of public assembly.
INSPECTOR'S LICENSE
A license which is issued to an inspector who has proven his or her qualifications and ability and has been authorized by the Administrator to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting buildings which contain an area of public assembly.
LICENSE
A written license, duly issued by the Administrator, authorizing a person, firm or company to carry on the business of performing inspections of buildings which contain an area of public assembly.
It is mandated by the State of New York Department of State that there shall be fire safety and property maintenance inspections of buildings which contain an area of public assembly. An "area of public assembly" is defined under Title 19 of the Codes, Rules and Regulations of the State of New York (NYCRR), Section 1203.3(h), and also by the 2007 Building Code of New York State, Section 303.
No person, firm or company shall inspect buildings which contain an area of public assembly within the City of Albany unless an inspector's license has been issued as described herein.
A. 
Any person, firm or company wishing to engage in the business of performing inspections of buildings which contain an area of public assembly within the City of Albany shall make application for a license to inspect with the Administrator on a form to be provided by the Administrator.
B. 
Said applications shall contain information for the following provisions:
(1) 
If a person, the name, residence and business address of the applicant.
(2) 
If a partnership, the name, residence and business address of each partner.
(3) 
If a domestic corporation, the name and business address of the corporation and the name and residence of the principal officer of said corporation; if a corporation other than a domestic corporation, the name and address of an agent located locally who shall be authorized to accept service of process or of official notices.
(4) 
The number of years the applicant has engaged in the business of performing inspections of buildings which contain an area of public assembly.
(5) 
The approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that employees are or will be covered by workers' compensation insurance.
(6) 
Satisfactory evidence that the applicant is or will be covered by general liability insurance.
(7) 
(Reserved)
(8) 
Such other information as the Administrator may require.
No such license shall be granted to any person, firm or company unless he, she or it shall prove to the satisfaction of the Administrator that he, she or it has met the current qualifications of inspectors as set forth by the New York State Department of State under Part 434 of Chapter XII of Title 19 (NYCRR) or other relevant criteria established by the Administrator which evaluates the qualifications of inspectors herein. If the applicant is found by the Administrator to be qualified, the Administrator shall grant a license. Licenses shall be issued for one year.
A. 
The following fees shall be paid by the applicant prior to the issuance of any license required herein:
(1) 
Original application fee: $75.
(2) 
License fee per inspector (annual): $250.
B. 
The following fee shall be paid by the property owner:
(1) 
Annual certificate fee: $50.
A license issued pursuant to this article may be suspended or revoked by the Administrator upon certification that any one or more of the following reasons exist:
A. 
Any false statement as to material matter in the application.
B. 
Fraud, misrepresentation or bribery in securing a license.
C. 
Violation of any provision of this article.
No license shall be suspended or revoked until after a hearing before the Administrator upon notice to the licensee of at least 10 days at the last known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour and place of the hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The Administrator shall suspend or revoke the license or dismiss the proceeding.
Any person whose license is revoked or suspended may appeal from such determination to the Board of Zoning Appeals within 30 days thereafter. The Board shall, within 30 days after such hearing, issue a decision.
A. 
It shall be the responsibility of individuals, firms or companies licensed as described herein to ensure that those individuals who have been licensed shall perform inspections in compliance with the New York State Uniform Fire Prevention and Building Code and to be prepared to certify such compliance.
B. 
Whenever a provision of this article is found to be inconsistent with any provision of applicable local or state law, code or regulation, the state law shall prevail. This article is not intended to establish more stringent or more restrictive standards than standards set forth in applicable state law.
A. 
There shall be periodic firesafety and property maintenance inspections of buildings which contain an area of public assembly (according to the schedule set forth by the New York State Department of State).
[Amended 6-20-2011 by Ord. No. 38.61.11]
B. 
A certificate of inspection, issued by the Administrator, shall be displayed within the area inspected.
A. 
Any person, firm or corporation licensed under this article shall submit to the Administrator an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State of New York, to provide general liability coverage of at least $1,000,000 for injury or death, with coverage of at least $500,000 for property damage.
B. 
Such policies, or duly certified copies thereof, or an appropriate certificate of insurance, approved as to form and sufficiency by the Corporation Counsel, shall be delivered to the Administrator before or at the time of issuance of a license. In the event of any material alteration or cancellation of any policy, at least 30 days' notice thereof shall be given to the Administrator, City Hall, Albany, New York 12207.
It shall be the duty of the Administrator to develop an enforcement program, which will ensure compliance with regulations and requirements set forth herein. This will include but not be limited to identification of property locations which are subject to said regulations and requirements; issuing notifications to violating property owners or operators; witnessing periodic inspections in order to ensure satisfactory performance by licensed individuals, firms or companies; and assisting in development of public awareness programs during the initial licensing period subsequent to enactment of this article and as warranted thereafter.
This article shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation owning, operating, controlling or maintaining buildings covered by this article for damages to person or property caused by any defect therein, nor does the City of Albany assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the adoption of this article or any acts or omissions arising thereunder.
Any inspector or building owner who shall violate any of the provisions of this article, upon conviction thereof, shall be fined in an amount not exceeding $1,500 or be imprisoned for a period not exceeding 15 days, or both such fine and imprisonment.
All buildings subject to the requirements of this article shall be in compliance with said requirements by January 1, 2010.