[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:
The Chief of the Department of Fire, Emergency and Building
Services or his designee.
Any person, firm or corporation owning, operating, controlling
or maintaining buildings covered by this article.
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.
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.
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.
Building owners shall use inspectors qualified
by the City of Albany. The Administrator shall maintain a list of
qualified inspectors.
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 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:
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.
