[Amended 12-30-2005 by L.L. No. 2-2006,[1] effective 1-9-2006; 5-16-2006 by L.L. No. 14-2006, effective 6-13-2006; 6-8-2010 by L.L. No.
4-2010,[2] effective 6-28-2010]
The commissioner of the department of permit and inspection
services shall be the head of the department of permit and inspection
services, and shall be a person with (i) demonstrated executive and
administrative ability and experience in construction, which shall
include at least three (3) years experience in the administration
of building, housing or property code inspection and enforcement activities
or (ii) substantially equivalent qualifications that are acceptable
to the mayor. The commissioner shall be appointed by the mayor, subject
to confirmation by council and shall be removable at the pleasure
of the mayor.
[1]
Editor's Note: This local law also changed the name of the
Department, formerly the "Department of Permit and Inspection Services,"
to the "Department of Economic Development and Permit and Inspection
Services."
[2]
Editor's Note: This local law also changed the name of the
Department, formerly the “Department of Economic Development
and Permit and Inspection Services,” to the “Department
of Permit and Inspection Services.”
[Amended 1-6-2004 by L.L. No. 3-2004, effective 1-20-2004; 12-30-2005 by L.L. No.
2-2006, effective 1-9-2006; 5-16-2006 by L.L. No. 14-2006, effective 6-13-2006; 6-8-2008 by L.L. No. 4-2010, effective 6-28-2010]
The commissioner of the department of permit and inspection
services shall:
(a)
Supervise, manage and be responsible for the affairs of the department
of permit and inspection services, including all matters related to
permits and inspections, housing, and demolitions. The commissioner
shall lead a customer-focused department to encourage and facilitate
efficient permitting and licensing procedures within the city. For
purposes of this article, the term "permit" shall be deemed to include
a license, unless otherwise indicated by the context;
(b)
Have charge of all applications to the city or its departments, officers
or agencies for permits for the construction or remodeling of all
non-public buildings or other structures within the city, including
without limitation, the review of all plans and designs. The commissioner
shall have charge of all other permits and all inspections for which
he is made responsible by this charter, the city code, or any statute,
local law or ordinance. The commissioner shall be responsible for
all property code enforcement programs, including housing code violations
and matters relating to multiple dwellings; plumbing, electrical and
combustion inspections; and bingo games and premises inspections;
(c)
Develop and implement a unified, streamlined system for the review
and processing of all applications for the construction or remodeling
of all buildings or other structures within the city utilizing, where
practicable and appropriate, the best practices of municipalities
throughout the United States;
(d)
Appoint, and at pleasure may remove, a deputy commissioner of permit
and inspection services;
(e)
Have charge of all demolition work;
(f)
Represent the city in all housing court proceedings;
(g)
Perform the duties of administering and enforcing the provisions
of the zoning chapter of the city code, including granting permits
and certificates of occupancy and conducting all inspections required
by that chapter;
(h)
Have charge of issuing, transferring, renewing, revoking, suspending
and canceling all licenses and permits, the collection of fees and
the coordination of necessary inspections in connection therewith,
and may designate an Administrative Law Judge, who shall be an attorney
admitted to practice in the State of New York for at least three (3)
years, to administer hearings related to the issuing, transferring,
renewing, revoking, suspending and canceling of licenses, and recommend
to the Commissioner of Permit and Inspection Services whether a license
should be revoked, suspended, or renewal thereof refused, after notice
and hearing.
(i)
Oversee all housing and building construction and rehabilitation
and code enforcement.
(j)
Direct or cause to be torn down, blown up or otherwise destroyed
on an emergency basis, any building or buildings which he or she deems
to be an immediate threat to the health, welfare and safety to the
public;
(k)
Exercise such other powers and perform such other duties as may be
conferred or imposed upon him by this charter, as the same may be
amended from time to time, by the mayor or by any general law, local
law, ordinance or federal or state law.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
The deputy commissioner of permit and inspection services shall
act for and generally in place of the commissioner of permit and inspection
services, and shall be a person with a minimum of six (6) years experience
in building code enforcement, and at least two (2) years experience
in a supervisory capacity. The deputy commissioner shall be appointed
by the commissioner of permit and inspection services and shall be
removable at the pleasure of the commissioner.
The deputy commissioner of permit and inspection services shall:
(a)
Supervise and manage for the city on the construction or remodeling
of all non-public buildings or other structures within the city;
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
(b)
Administer the plan review and all other permit and inspection responsibilities
assigned to the department in connection with the construction or
remodeling of all non-public buildings or other structures within
the city. In this capacity, the deputy commissioner shall deploy personnel,
resolve disputes, designate project review priorities, respond to
internal and external inquiries, determine policies, expedite important
projects and establish procedures to promptly reject applications
for failure to meet plan submission or other standards.
(c)
Exercise such other powers and perform such other duties as may be
assigned to him by the commissioner of permit and inspection services.
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Unsafe and Unsanitary Buildings and Collapsed Structures
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In case of the falling of any building or part thereof in the
city, where persons are known or believed to be buried under the ruins,
the commissioner shall cause an examination of the premises to be
made for the recovery of the bodies of the killed and injured. Whenever,
in making such examination, it shall be necessary to remove any debris
from the premises, the commissioners of police and fire, when called
upon by the commissioner shall cooperate with the said commissioner
in carrying out the purposes of this section and shall provide suitable
and convenient places for the deposit of such debris.
The commissioner is hereby authorized and empowered in cases
of accident and immediate danger of the falling of any building or
part thereof so as to endanger life or property, and also where any
building or part thereof has fallen and life is endangered by the
occupation thereof, to order and require the inmates and occupants
of such building or part thereof to vacate the same forthwith, and
the commissioner may, when necessary for the public safety, with the
assistance of the commissioners of police and fire, temporarily, if
necessary, close sidewalks, streets, buildings, structures and places
adjacent to such building or part thereof, and prohibit the same from
being used. In the event that the commissioner shall issue such order
to vacate such premises or shall close such sidewalks, streets, buildings,
structures or places adjacent to such premises, he shall, within ten
days serve the notice in the manner provided by the applicable ordinances
to determine the condition of such premises. Failure to do so shall
be deemed a revocation of such vacating or closing order. The commissioners
of police and fire when called upon by the commissioner to cooperate,
shall enforce such orders or requirements.
For the purpose of this section, the commissioner of permit
and inspection services shall employ such laborers and materials as
may be necessary to perform said work as speedily as possible.
The city of Buffalo is empowered to enact any ordinances to
administer or put into effect any of the provisions of this article.[1]
