[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.
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.
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.
AREA
COMBUSTIBLE GOODS OR MERCHANDISE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The maximum horizontal projected area of the basement at
grade as measured between exterior walls and/or fire walls.
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.
