City of Utica, NY Commercial, Business and Industrial Building Condition and Use Code

ARTICLE VIII Commercial, Business and Industrial Building Condition and Use Code

[Ord. No. 74, 5-7-2008]

This article shall be known as the "Commercial Business and Industrial Building Condition and Use Code of the City of Utica."

Sec. 2-6-302 Purpose.

[Ord. No. 74, 5-7-2008]

The Common Council finds and declares that there exists in the City structures or premises used for commercial, business or industrial use which are, or may become in the future, substandard with respect to structure, equipment or maintenance, or further that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, plumbing, lack of maintenance or upkeep of essential facilities and utilities, existence of fire hazards, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the City. It is further found and declared that if the same are not curtailed and removed, such conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as contained in this article, the growth of slums and blight may be prevented, and the desirability and amenities of neighborhoods enhanced and the public health, safety and welfare protected and fostered.

Sec. 2-6-303 Scope.

[Ord. No. 74, 5-7-2008]

The provisions of this article apply to the following:

(1)

Lots, plots or parcels of land in which commercial, business or industrial buildings of mixed occupancy or accessory structures may be or are located.

(2)

Commercial, business for industrial buildings.

(3)

Commercial, business or industrial occupancies in buildings of mixed occupancy.

(4)

Structures accessory to commercial, business or industrial occupancies.

Sec. 2-6-304 Article supplemental.

[Ord. No. 74, 5-7-2008]

(a)

The provisions of this article supplement local laws, ordinances, codes or regulations. When a provision of this article is found to be inconsistent with any provision of a local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the highest standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.

(b)

Notwithstanding the availability of other remedies for enforcement of the provisions contained in the building code and Zoning Ordinance, the remedies and enforcement procedures as set forth in this article are available to enforce the provisions of such ordinances and are cumulative to other procedures and remedies.

(c)

This article establishes minimum standards for the initial and continued occupancy and use of all commercial, business and industrial buildings and does not replace or modify other standards pertaining to the construction, repair, alteration or use of buildings, equipment or facilities located therein.

Sec. 2-6-305 Compliance.

[Ord. No. 74, 5-7-2008]

(a)

Every commercial, business or industrial establishment and the premises on which it is situated in the City used or intended to be used for commercial, business or industrial occupancy shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after December 20, 1989, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to such date.

(b)

All licenses and permits shall be issued upon compliance with this article as well as compliance with the ordinances under which they are granted.

(c)

No license or permit or other certification of compliance with this article shall constitute a defense against any violation of any other ordinance of the City applicable to any structure or premises, nor shall any provision of this article relieve any owner or operator from complying with any such other provision or any official of the City from enforcing any such other provision.

(d)

No person shall knowingly and willfully violate or assist in the violation of this article or fail to comply with a violation order issued by the Department of Codes Enforcement within the time stated thereon.

Sec. 2-6-306 Responsibilities of owners and operators.

[Ord. No. 74, 5-7-2008]

Owners and operators who are responsible by reason of agreement or law shall be responsible for compliance with all provisions of this article.

Sec. 2-6-307 through Sec. 2-6-320. (Reserved)

DIVISION 2 Administration and Enforcement

Subdivision A
Fire Safety and Property Maintenance Inspections

Sec. 2-6-321 Generally.

[Ord. No. 74, 5-7-2008; Ord. No. 178, 12-3-2008; Ord. No. 27, 2-18-2009; Ord. No. 65, 4-22-2009; Ord. No. 82, 6-17-2009]

(a)

Applicability. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Commissioner, Chief Fire Marshal, or a duly-qualified designee(s) assigned by the Commissioner or Chief Fire Marshal as follows:

(1)

Buildings or structures which contain an area of public assembly. For those areas of public assembly with a maximum occupancy load of 100 or more, inspection shall be performed at least once every 12 months by the Chief Fire Marshal or designee(s) and be subject [to] the requirements found within the provisions of Section 2-6-323. The Commissioner or designee(s) shall be responsible for the inspection of those areas of public assembly with a maximum occupancy load of no more than 99 occupants.

(2)

Buildings or structures being occupied as dormitories. Inspections shall be performed by the Commissioner or designee(s) at least once every 12 months, unless the exemptions of Section 2-6-322 apply.

(3)

Multiple dwellings. Those buildings or structures identified as multiple dwellings as defined by New York Multiple Dwelling Law and all other nonresidential buildings, structures, uses and occupancies not defined herein: Inspections shall be performed at least once every 36 months as below:

Any multiple dwelling, hotel, motel or commercial occupancy with five or more floors shall be inspected by the Chief Fire Marshal or designee; and

Any multiple dwelling, hotel, motel or commercial occupancy with no more than four floors, nursing homes, assisted living facilities and mental health facilities shall be inspected by the Commissioner or designee(s).

(4)

Multiple dwellings not included within those defined by the N.Y. Multiple Dwelling Law shall be inspected by the Chief Fire Marshal or designee(s) pursuant to the City's Rental Dwelling Registry Program contained in Article II of Chapter 2-12.

(b)

Inspections permitted. In addition to the inspections required in Subsection (a), a fire safety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Commissioner, Chief Fire Marshal or an inspector designated by the Commissioner or Chief Fire Marshal at any time upon:

(1)

The request of the owner of the property or an authorized owner of such property;

(2)

Receipt by the Commissioner of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3)

Receipt by the Commissioner of any other information, reasonably believed by the Commissioner to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c)

Fee. The following fees shall be paid prior to an inspection performed in conjunction with the provisions of this section. A failure to receive said payment prior to a scheduled inspection shall not cancel or suspend said inspection. However, if payment is not received in the office of the comptroller within 30 days of written notification to the appropriate responsible person or entity of the outstanding fee, this fee shall be assessed against the land and on which said building is located and become part of the real property tax levy. Additionally, the City may commence a special proceeding pursuant to § 78-b of the General Municipal Law to collect the delinquent fee and any other associated costs, including reasonable and necessary legal expenses.

(1)

Buildings and structures up to 10,000 square feet:

Buildings/structures containing one or more areas of public assembly with an occupant load of 100 persons or more, per year: $100.

Buildings/structures containing any other activities as set forth in Section 2-6-321, per three-year period: $180.

(2)

Buildings and structures in excess of 10,000 square feet (up to 100,000 square feet) shall pay the appropriate base fee as listed in Subsection (c)(1)b, and in addition, there shall be a fee of $0.0175 per square foot.

(3)

Buildings and structures in excess of 100,000 square feet shall have a fixed fee of $1,750.

Sec. 2-6-322 OFPC inspections.

[Ord. No. 74, 5-7-2008]

Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.

Notwithstanding any other provision of this section to the contrary:

(1)

The Commissioner nor the Chief Fire Marshal shall perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;

(2)

The Commissioner nor the Chief Fire Marshal shall perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;

(3)

The Commissioner nor the Chief Fire Marshal shall perform fire safety and property maintenance inspections of a multiple dwelling not included in Section 2-6-321(a)(1) and (2) if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Section 2-12-321(a)(3); and

(4)

The Commissioner nor the Chief Fire Marshal shall perform fire safety and property maintenance inspections of a nonresidential building, structure, use of occupancy not included in Section 2-12-321(a)(1) and (2) if OFPC performs fire safety and property maintenance inspections on such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Section 2-12-321(a)(3).

Subdivision B
Operating Permits

Sec. 2-6-323 Applicability.

[Ord. No. 74, 5-7-2008]

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

(1)

Manufacturing, storing or handling hazardous materials in quantities exceeding those in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR Section 1225.1;

(2)

Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

(3)

Use of pyrotechnic devices in assembly occupancies;

(4)

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(5)

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Common Council of this City.

Sec. 2-6-324 Applications for operating permits.

[Ord. No. 74, 5-7-2008]

Any person who proposes to undertake any activity or to operate any type of building listed in Section 2-6-321 shall be required to obtain an operating permit prior to commencing such activity or operation.

(1)

Application form. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Chief Fire Marshal and in compliance with the requirements 19 NYCRR § 1203.3(g). Such application shall include such information as the Fire Marshal deems sufficient to permit a determination by the Fire Marshal that quantities, materials, and activities conform to the requirements of the Uniform Code. These items shall include, but not limited to:

A floor plan with measurements and location of all equipment and furniture;

Report of an electrical inspection from a qualified appropriate electrical inspector;

Report of a plumbing inspection from a qualified appropriate plumbing inspector;

Documentation of inspections performed on all fire suppression, service and protection systems; and

Documents of any additional miscellaneous inspections as necessary.

Such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Chief Fire Marshal, at the expense of the applicant.

(2)

Inspections. Prior to the issuance of an operating permit in accordance with the within provisions, the subject premises shall be inspected by the Chief Fire Marshal or inspector(s) authorized by the Chief Fire Marshal.

Any building or structure used for those purposes described within Section 2-6-323(1) through (5) shall be inspected as described in Section 2-6-321. This shall not be an additional or different inspection, but shall be considered to be in conjunction with the application for acquiring an operating permit, renewal of an operating permit or amended operating permit.

If the Chief Fire Marshal does not approve the issuance of an operating permit due to conditions found during the inspection, the owner/operator shall be notified in writing by the Chief Fire Marshal as to the those conditions noted during the inspection that formed the basis of the denial of issuance. Said notice shall include, among other things, the date of inspection, name of inspector, identification of premises inspected, conditions found during the inspection, time allowance to correct conditions and date of reinspection.

(3)

Multiple activities. In any circumstance in which more than one activity listed in Section 2-6-323 is to be conducted at a location, the Chief Fire Marshal may require a separate operating permit for each such activity, or may, in his/her discretion issue a single operating permit to apply to all such activities.

(4)

Duration of operating permits. Each issued operating permit shall, unless otherwise suspended or revoked, remain in effect as below:

Area of public assembly: one year from date of issuance.

All other activities listed in Section 2-6-323: three years from date of issuance.

The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Chief Fire Marshal, payment of the applicable fee, and approval of such application by the Chief Fire Marshal.

(5)

Fee. There shall be no additional fee for an operating permit, amended operating permit, or for reissue or renewal of an operating permit. The fee associated with the inspection performed pursuant to Section 2-6-321(c), shall apply even if the building/structure requires the issuance of an operating permit in addition to the fire safety property maintenance inspection and shall be paid at the time the completed application form is submitted to the Chief Fire Marshal prior to the inspection.

(6)

Revocation or suspension. If the Chief Fire Marshal determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended. Upon revocation or suspension, the Chief Fire Marshal shall notify the owner or operator in writing, which shall inform, the owner or operator, among other things, of the reason(s) for revocation or suspension, the necessary remedial actions to be undertaken by the owner or operator for the purpose of reinstatement of the operating permit and the allowed time for completion of said remedial actions. During the period of revocation or suspension, it shall be unlawful for the owner or operator to continue to utilize the subject premises for any purpose which requires the issuance of the operating permit.