[Derived from Art XII of Ch. XII of the Charter and Ordinances, 1974]
A. 
Emergency controls required. An approved fixed fire-extinguisher system suitable for the extinguishment of Class B fires and covering the entire gasoline dispensing area shall be installed at each self-service pumping area. Said system shall be capable of being activated both manually and automatically; however, the triggering device for manual activation shall not be more than 15 feet from the attendant's principal control location and not more than 100 feet from the dispensers. Said system shall, however activated, automatically shut off the electric power to all dispensing devices. "Class B fires" are fires due to flammable liquids, gases and greases.
B. 
Dispensing device controls required. Hose nozzle valves used at self-service dispensing of Class I liquids shall be listed automatic-closing types without a latch-open device. A control shall be provided that would permit the pump to operate only when the dispensing unit and the switch for this dispensing unit are manually actuated. This control shall also stop each pump when each nozzle has been returned to its bracket. A control shall be provided which will shut off the entire self-service system when the attendant is absent from the control console for any reason whatsoever, and the switch location shall not be more than 100 feet from the dispensers.
[Amended 7-20-2004, effective 8-2-2004]
The owner or lessee of any building which has any chimneys which have become unsafe and liable to endanger life shall, upon notice from the Commissioner of Permit and Inspection Services, immediately cause the same to be repaired. If such owner or lessee shall neglect or refuse to make such repairs within five days after such notice, the Department of Permit and Inspection Services may cause the same to be made, and the expense therefor shall be assessed upon the premises upon which said building stands.
[Amended 7-20-2004, effective 8-2-2004]
The owner or lessee of any building which has any staging, cornice, exterior wall, parapet, or projection which has become unsafe and liable to endanger life shall, upon notice from the Commissioner of Permit and Inspection Services, immediately cause the same to be repaired. If such owner or lessee shall neglect or refuse to make such repairs within five days after such notice, the Department of Permit and Inspection Services may cause the same to be made, and the expense therefor shall be assessed upon the premises upon which said building stands.
[Added 7-20-2004,[1] effective 8-2-2004 ]
A. 
Sidewalk surveys. For any project which will involve the location, use, or storage of large machinery including, but not limited to, backhoes, excavators, front-end loaders, tandem-axle dumps, dumpsters and their trucks, tractor-trailers, cranes, etc., at the site or on any City right-of-way adjacent to or affected by the project, a sidewalk survey inspection shall be accomplished and submitted as part of the permit application for such project. The completed sidewalk survey shall include the project address, the date of the survey, the name of the City inspector doing the survey, and a written description, a drawing, and photographs of the preexisting condition of all sidewalks, aprons, and other paved flatwork on the City right-of-way adjacent to the site or affected by the project. A follow-up inspection including new photos, drawings, and verbal description shall be done at the completion of all work, and shall be compared to the results from the initial sidewalk inspection to determine what damages, if any, have occurred.
(1) 
Any damages to existing sidewalks, curbs or streets caused in the performance of the work of this contract shall be replaced in kind and/or repaired in accordance with the City of Buffalo specifications on file with the office of the Commissioner of Public Works. All remedial work shall be done by the contractor at his own expense, bearing the cost of restoring affected streets and curbs to a good and satisfactory condition.
[1]
Editor's Note: This ordinance also repealed former § 103-30, Two or more frame buildings on same lot.
[Added 7-20-2004, effective 8-2-2004]
A. 
Front yards shall be permitted to be paved for purposes other than parking of vehicles, trailers, or boats, provided that in no case shall nonparking paving of front yards in residential districts or uses be wider than 40% of the width of the front lot or wider than 12 feet, whichever is less. Use of any front yard nonparking paving for storage is prohibited.
B. 
For the purposes of nonparking paving of front yards, any side street side yard in a residential district or use may be paved to the extent described in Subsection A of this section, and a residential lot or use with a front yard and one or more side street side yards may have nonparking paving to the extent described in Subsection A of this section for each front or side street side yard.
[1]
Editor's Note: Former § 103-31, Height and occupancy limits on frame dwellings, was repealed 7-20-2004, effective 8-2-2004.
A. 
In structures under erection for which a stand-pipe system will be required, provisions shall be made for the use of standpipes by the Fire Department whenever the construction has progressed so that floors are in place above the sixth story or more than 60 feet above the curb level. The standpipe equipment thus provided may be a temporary installation.
B. 
A temporary standpipe system shall be one which may be used for water supplied during the construction operations or may be a dry system. Temporary risers shall be at least four inches in diameter for structures of less than 75 feet in height and at least six inches in diameter for structures exceeding 75 feet in height. There shall be as many temporary risers as will be required for the permanent system. Each such riser shall have a siamese hose connection at the street level and be equipped on each floor enclosed in the exterior walls with hose outlets equipped with two-and-one-half-hose valves. The installation shall be made so that each riser, cross-connection and branch line shall be watertight when work is not being done on the system. The location of the siamese hose connection shall be placarded, kept free from obstructions and indicated by a red light. All fittings, siamese connections and valves are to conform to Buffalo Fire Department specifications.
C. 
It is intended that this temporary standpipe installation and this section shall not be considered to supersede or be in conflict with the requirements of the Erie County Health Department or the Plumbing Code of the City of Buffalo[1] but shall be used as an aid to assist the Fire Department to have sufficient water supplies to extinguish fire in high-rise buildings or structures. The installation of the permanent standpipe risers and connections in the building may also be classified as meeting the approval of this section, provided that the specifications as outlined herein are complied with.
[1]
Editor's Note: See Ch. 326, Plumbing.
A. 
In every completed building or structure having elevator service exceeding three stories above the grade level, a competent elevator operator shall be available at all times while the building is occupied to assist the Fire Department in obtaining access to any floor of the building or structure served by elevators. In structures or buildings in the course of erection where work has progressed to a height of more than 75 feet and an elevator is in use, at least one elevator for carrying passengers or employees shall be kept in readiness at all times unless the elevator is equipped with such device that it can be safely operated by the Fire Department. In multiple dwellings that are connected or adjoining, one competent elevator operator shall be sufficient, provided that an elevator can be available at all times to assist the Fire Department in obtaining access to any floor of the building served by the elevators. Completed or incompleted buildings or structures having elevator services outlined in this section and not occupied at the time of an emergency and/or an alarm of fire or fire shall have all elevators marked or placarded with instructions to indicate the safe operation of the elevator for Fire Department use. Any person who shall detain the use of an elevator by the Fire Department while responding to or during an emergency and/or an alarm of fire or fire assist in detaining the use of an elevator or assist a person in violating this section is guilty of a violation of this section.
B. 
The intent of this section is to aid the Fire Department in buildings served by elevators and shall not be construed to mean that the elevators shall not first be used to remove all persons from the building or structure to safety.
A. 
Approved automatic sprinkler systems shall be installed in all basements having an area exceeding 2,500 square feet when used for the manufacture, sale, repair or storage of combustible material or merchandise and shall also include underground storage garages or parking areas. In buildings used for assembly, educational, institutional or residential occupancies, the automatic sprinkler systems shall be required only in such portions of the basement as are used for storage purposes of combustible material or as workshops in excess of 100 square feet.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AREA
The maximum horizontal projected area of the basement at grade as measured between exterior walls and/or fire walls.
COMBUSTIBLE GOODS OR MERCHANDISE
Includes those made of wood, paper or plastics; those containing flammable or combustible liquids; those packed with quantities of excelsior or paper and other goods or merchandise of equivalent or greater combustibility; and all materials classified under the definition of combustible material.
The Bureau of Fire Prevention shall survey each manufacturing establishment, school, place or assembly, hospital, place of detention, hotel and motel, rooming house, convalescent and old-age home, mercantile establishment and church and any other place where numbers of persons live, congregate or work and shall specify suitable fire-detecting devices or extinguishing equipment and appliances which shall be provided in or near boiler rooms, kitchens or restaurants, clubs and like establishments, storage rooms involving considerable combustible material, rooms in which hazardous manufacturing processes are involved, garage sections, including underground garage storage sections, and storage garage sections in buildings having other occupancies and other places of a general hazardous nature. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler systems, standpipes, hose attachments and nozzles, fixed or portable fire extinguishers of a type suitable for the probable class of fire or suitable asbestos blankets, manual or automatic covers or inert-gas extinguishing or dry-powder extinguishing systems. In especially hazardous processes or storages, appliances of more than one type of special systems may be required. The Bureau of Fire Prevention shall specify the fire protection necessary during construction of all buildings designed to exceed 50 feet in height or during demolition of any building or during the alteration of any building where burning or cutting torches or spark-producing equipment is used.
A. 
Fire drills shall be held at least once a month in educational occupancies where such occupancies constitute the major occupancy of a building. There shall be at least 12 drills in each school year, eight of which required drills shall be held between September 1 and December 1 of each such year. At least 1/3 of all such required drills shall be through use of fire escapes on buildings where fire escapes are provided.
B. 
Fire drills in institutional occupancies shall be held at least once every two months where such occupancies constitute the major occupancy of a building. During severe weather, fire drills may be postponed. A record of all fire drills shall be kept, and persons in charge of such occupancies shall file written reports at least quarterly with the Bureau of Fire Prevention, giving the time and date of each drill held.
C. 
In educational occupancies, fire drills shall include complete evacuation of all persons from the building. In institutional occupancies, fire drill shall be conducted to familiarize operating personnel with their assigned positions of emergency duties; complete evacuation of occupants from the building at the time of the fire drill shall be required only where it is practical and does not involve moving or disturbing persons under medical care.
A. 
All schools using or contracting for school buses for transporting of school children shall conduct two emergency evacuation drills on buses during each school year. The first emergency evacuation drill shall be conducted during the first week of the first school term and the second during the month of March. Additional emergency evacuation drills on buses may be requested by the principal of the school or the Commissioner of Fire. Each such drill shall include practice and instruction concerning the location, use and operation of the emergency exits, doors and fire extinguishers and the proper evacuation of buses in the event of fires and accidents.
B. 
Bus operators shall make sure of the proper operation of emergency exits and doors at the beginning of each day's use of the bus for the transportation of school children and shall also see that fire extinguishers are in their proper locations and ready for emergency use. Bus operators shall be provided with proper training and instructions to enable them to carry out the provisions of this section.
C. 
The school principal or bus operator (owner) shall certify in writing to the Fire Prevention Bureau, on or before the 10th day of April in each year, that the emergency evacuation drills herein required have been held.
[Amended 7-20-2004, effective 8-2-2004]
All demolition operations shall be conducted in accordance with all requirements of City of Buffalo Ordinance §§ 103-10, 103-13, 103-45, 103-46, 103-47, 103-48 and 144-11, Chapter 356, and New York State Code Rule 23. Any and all salvage work performed prior to demolition work will require a building permit. The City of Buffalo Department of Permit and Inspection Services shall license the contractor performing salvage work. Demolition work once commenced must be continuous until the demolition work and filling and final grading are completed by a licensed demo contractor. In the case of an emergency condition, the Commissioner of Permit and Inspection Services is authorized to permit emergency demolition work to be done pending the issuance of the demolition permit. Any deviation from this ordinance shall not be granted unless prior written approval is received from the Commissioner of Permit and Inspection Services.
A. 
Preparations. Before starting demolition, the following must be completed:
(1) 
An asbestos survey, asbestos abatement letter, and an inspection report supplied by a New York State licensed asbestos inspector, must be submitted as part of the application for a building demolition permit. An asbestos survey is needed for the demolition of any building built before January 1, 1974, excluding agricultural. A licensed asbestos handler contractor shall perform any and all asbestos abatement projects performed in the City of Buffalo. This contractor shall also be licensed by the City of Buffalo as a specialty contractor.
[Amended 7-9-2013]
(2) 
A building demolition permit must be applied for, approved and issued.
(3) 
Prior to the issuance of the building demolition permit, all building must be baited for rodents. The demolition of the baited structure shall commence no later than ten days after the baiting is completed. The applicant is responsible to provide written proof of such rodent baiting being performed by a City of Buffalo licensed exterminator.
(4) 
All gas, electric, water, steam and other supply lines shall be shut off and capped. In each case, the service company involved shall be notified in advance of any dismantling and or demolition activity. It is the responsibility of the owner/ contractor/ agent to notify UFPO (Underground Facilities Protective Organization). All sewer service connections shall be bulkheaded and closed to infiltration at the street line. The sewer and water service lateral to all buildings must be terminated to conform to this code section. Applications to continue sewer and water lateral service must be made to the City of Buffalo Water Authority, City of Buffalo Sewer Authority and the City of Buffalo Department of Public Works.
(5) 
Where it is necessary to maintain any power, water, gas or electric lines during demolition, such lines shall be relocated or protected with substantial coverings in order to protect them from damage and to afford safety to the workmen.
(6) 
Before any demolition or site work is done, and before any large machinery, including, but not limited to, backhoes, excavators, front-end loaders, tandem-axle dumps, tractor-trailers, dumpsters and their trucks, cranes, etc., is allowed on the site or on any City right-of-way adjacent to the site, a sidewalk survey inspection must be done and included as part of the demolition permit paperwork submission. The sidewalk survey shall include a drawing of the site and any adjacent City rights-of-way, and shall include the address, the date, the inspector, and a verbal description and photographs of the condition of all affected sidewalks, aprons, and other paved flatwork on the City right-of-way adjacent to the site or affected by the project. A follow-up inspection including new photos, drawings, and verbal description shall be done at the completion of all work, and shall be compared to the results from the initial sidewalk inspection to determine what damages, if any, have occurred.
B. 
Procedure for sewer and water termination prior to demolition.
(1) 
All sewer and water service termination shall be performed by a City of Buffalo licensed master plumber.
(2) 
The master plumber shall report to the Water Authority to obtain the water plug.
(3) 
The master plumber shall contact the Water Authority and Department of Permit and Inspection Services to arrange for the inspection of both water and sewer termination.
(4) 
Where the termination of the sewer and water service involves a Y-type service or lateral servicing two structures, the master plumber shall contact the Plumbing Inspection Division of the Department of Permit and Inspection Services prior to the termination of service.
C. 
Demolition work. All demolition work to be performed under this ordinance shall include the demolition and removal of all buildings and structures above and below grade level, above and below ground storage tanks, underground tunnels, floors and appurtenances thereto and foundations removed to virgin soil. No partial removal or partial demolition of any structure and its components may take place without the written approval of the Commissioner of Permit and Inspection Services. All demolition work shall including the following:
(1) 
Removal of all old materials and rubbish of every description from the site of the demolition work including all basements and or cellars.
(2) 
All foundations, concrete floors located in basements, sub basements, cellars, boiler rooms and crawl spaces, etc., shall be broken, removed, and disposed of in conformance with this ordinance.
(3) 
In all cases where a retaining wall is demolished and or removed or where the pitch of the finished graded lot would likely cause erosion problems or where what is known as an embankment would have been formed, the contractor and the Commissioner of Permit and Inspection Services or his designee shall meet at the site and agree on type and method of installing fill materials, angle, pitch and relation of finished grade to sidewalk and walkway.
(4) 
Any damages to existing sidewalks, curbs or streets caused in the performance of the work of this contract shall be replaced in kind and/or repaired in accordance with the City of Buffalo specifications on file with the office of the Commissioner of Public Works. All remedial work shall be done by the contractor at his own expense, bearing the cost of restoring affected streets and curbs to a good and satisfactory condition.
(5) 
In the filling of excavations, voids, and/or depressions, filling materials must conform to the following standards: The filling material shall be 66% clay materials or higher. The filling materials shall have no particles greater than 216 cubic inches in dimension. Sod, roots, stumps, trees, brush, or asphalt materials shall not be used so as to not disturb the environmental balance of the present and surrounding soils. Documentation of sources and custody of filling materials shall be provided to the Commissioner of Permit and Inspection Services or his designee.
(6) 
If the filling material is found to be contaminated or unsuitable as fill in any way, such filling material shall be removed from the site and replaced at the demolition contractor's expense. Upon completion of the removal of the contaminated filling material, dumping and custody documentation shall be delivered to the Commissioner of Permit and Inspection Services or his designee.
(7) 
Upon completion of the demolition work the work area shall be graded and leveled, taking care to properly fill all depressions and voids. The final grade shall be of 12 inches of 100% soil content free of all aggregate materials as well as lacking sod, roots, stumps, trees, brush, stone and asphaltic material. Bituminous is not allowed to be used as filling materials. The final grade is to also provide for proper drainage and to be done as to not collect any standing water or cause neighboring or adjacent properties to become a receptacle for the aforementioned drainage.
(8) 
Barricades, "orange" construction fences and all other protection shall be continued, properly supported and maintained by this contractor for the full period of the contract and shall be removed by the contractor upon completion of the work.
D. 
Inspection.
(1) 
The contractor is to notify the Commissioner of Permit and Inspection Services or his designee 24 hours prior to the start of demolition to provide for proper inspections.
(2) 
The contractor shall be required to obtain an inspection from the Commissioner of Permit and Inspection Services or his designee after all excavation work is completed and prior to the placement of any filling materials. No backfilling of any excavation shall be performed prior to obtaining written approval from the Commissioner of Permit and Inspection Services or his designee.
(3) 
To verify proper excavation, removal and filling techniques, the contractor shall have available an excavating machine capable of digging as many as three test pits to verify compliance with this code section.
(4) 
During demolition, continuing inspections shall be made as the work progresses to detect any hazards to workmen resulting from weakened or deteriorated floors or walls or loosened material. No employee of the demolition contractor shall be suffered or permitted to work where such hazards exist unless they are corrected by shoring, bracing, or other effective means.
E. 
Removal of debris. Material and debris resulting from demolition for which a permit has been granted shall be removed from the premises as follows:
(1) 
For all structures of not more than 2 1/2 stories in height above grade: within five calendar days.
(2) 
For all structures of more than 2 1/2 stories and less than five stories in height above grade: within 10 calendar days, and
(3) 
For all structures in excess of five stories in height above grade: within 45 calendar days.
(4) 
The time limitations set forth above shall commence upon the date of the granting of such permit, and the permit shall state the time limitation on the face thereof. Extension of time beyond the limitations set forth above may be granted whenever unusual problems of demolition exist, but only upon a written request to the Commissioner of Permit and Inspection Services setting forth in detail the reason or reasons why such extension is necessary. The decision made by the Commissioner to extend the time frame shall be done in writing. Structures having a ground area in excess of 5,000 square feet or structures of reinforced concrete and/or steel frame construction, or structures in excess of 10 stories in height, merit consideration for an extension of the time limitations as set forth above.
(5) 
All construction and demolition debris shall be disposed of in conformance and compliance with all state, federal and local legislation governing the disposal of this debris. The staging and or storage of any construction and or demolition debris from any demolition and or cleanup job that does not have its origin at the respective job site is prohibited.
(6) 
Wrecking operations shall be kept within the property lines.
(7) 
Chutes for the removal of materials and debris shall be provided in all such parts of demolition operations as are deemed necessary by the Commissioner of Permit and Inspection Services, or his designee.
F. 
Watering-down of airborne particles.
(1) 
General requirements. The site of demolition activity shall be watered down whenever necessary to prevent the dispersion of airborne particles.
(2) 
Debris shall be "watered down" during all demolition activity before and during handling to hold down dust. The contractor shall apply for a hydrant permit as issued by the Buffalo Water Authority. The hose, nozzle and backflow prevention device shall be supplied by the contractor and shall be a minimum of 2 1/2 inches in size. The back flow prevention device shall be supplied by the contractor and shall be a minimum of two inches in size. If directed by the Building Inspector of Demolition to water down a demolition site during times considered the winter season (November 15 to and through April 15), the contractor shall make arrangements with the Buffalo Water Authority to pump the fire hydrant of its water contents on a daily basis to prevent damage from freezing.
G. 
Use of explosives during demolition. Final approval for a demolition permit using the detonation of explosives for demolition by implosion will not be granted until the following requirements are fulfilled to the satisfaction of the Commissioner of Permit and Inspection Services:
(1) 
The contractor using the method of explosives for demolition shall be licensed by the Department of Permit and Inspection Services as a Type 4 demolition contractor. The implosion contractor shall have a current New York State Department of Labor certificate of competency issued by the New York State Department of Labor for demolition by implosion.
(2) 
The Department of Public Works Division of Streets shall be supplied with a working plan for cleanup of public thoroughfares. The Department of Public Works shall be consulted and approve the installation and location of protective curtains and or vehicles (tractor-trailers) and placement of barriers to contain flying debris. This proposed plan must be approved by the Commissioner of Public Works before the permit is issued.
(3) 
The Department of Permit and Inspection Services shall be provided with work plans for the weakening of the structure and placement of explosives. A New York State licensed structural engineer with an original seal and signature placed upon the document shall certify this plan. The structure being demolished shall have all windows and glass removed from the building prior to the implosion. The demolition contractor shall provide the Department of Permit and Inspection Services with an interior and exterior survey of surrounding properties to assess conditions prior to and after the completion of the implosion. The Demolition contractor shall provide for a procedure to address follow-up complaints, including a time frame for repairs and a summary of damage to surrounding buildings and utilities. The demolition contractor shall have qualified workman on duty for immediate repairs to windows that may be broken as a result of the demolition activity. This proposed plan must be approved by the Commissioner of Permit and Inspection Services before the permit is issued.
(4) 
The Department of Parking Enforcement shall be provided with a plan that meets the criteria and approval of the Director of Parking Enforcement. This plan shall include and provide for the posting of signage for the limiting of parking of all unauthorized vehicles in the one-thousand-foot safety zone. The proposed parking plan must be approved by the Director of Parking Enforcement before the permit is issued.
(5) 
The Department of Public Works shall be provided with a plan as to how the traffic flow and emergency equipment shall be deployed throughout the one-thousand-foot safety zone. This proposed plan must be approved by the Commissioner of Public Works before the permit is issued.
(6) 
The Department of Fire, Division of Fire Prevention shall be provided with a plan showing the location of the command post and the transit and storage of explosives. This proposed plan must be approved by the Commissioner of Fire and/or the Battalion Chief of Fire Prevention before the permit is issued.
(7) 
The demolition contractor shall notify all utility companies including but not limited to electric, natural gas, television cable, telephone, water, sewer, communications and fiber optic cable. The contractor shall notify all utilities in writing of the impending implosion at least 30 days in advance of the actual implosion. The contractor shall allow all utility companies time and access to the proposed demolition site for inspection and or protection of their supply lines. Upon completion of the utility inspections the contractor shall obtain written confirmation of all utility inspections and or reports assuring each utility supplier has addressed all precautionary measures. The demolition contractor shall provide copies of all written communications to the Commissioner of Permit and Inspection Services for his review and approval.
(8) 
The contractor and the implosion contractor shall have an insurance policy delivered to the Department of Permit and Inspection Services, which must be approved by the City of Buffalo Corporation Counsel's office. The value of the insurance shall be in an amount satisfactory to the Commissioner of Permit and Inspection Services or his designee. This insurance policy shall have an endorsement naming the City of Buffalo as "certificate holder," and as "named as additional insured."
H. 
contractor identification signage. Any and all demolition work being performed by a licensed demolition contractor shall have a sign installed at the work site, for the full duration of the work, meeting the following requirements:
(1) 
The size of said sign shall not be less than two feet by three feet in area.
(2) 
The sign shall be supported by two-inch by four-inch lumber sunken into the earth and two-inch by four-inch diagonal bracing attached to withstand normal wind loading of at least 50 miles per hour. Other materials which are deemed acceptable by the Commissioner or his designee may be also be used.
(3) 
The sign shall be painted with a white background. Dark blue or black lettering shall be placed on the sign. The size of the letters and identification number shall be a minimum of three inches in height. Exterior grade oil-based paint or approved equal must be used in the painting of the signage.
(4) 
The information on the sign shall list the name of the company performing the work, the address of the company, the phone number of the company, and the name and job title of the contact person representing the company.
[Added 7-20-2004, effective 8-2-2004]
In all districts and uses, dust shall be contained so as to not affect neighboring properties or streets. Dust shall be controlled whether produced by the movement or use of equipment or vehicles, by the movement of stored materials of any sort, or by any operation, and shall be abated by wetting or other approved methods.