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.
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.
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:
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.
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.