[HISTORY: Adopted by the Common Council of the City of Glens
Falls 10-27-2020 by L.L. No. 4-2020.[1] Amendments noted where applicable.]
[Amended 12-13-2022 by L.L. No. 1-2023]
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code[1] (the Uniform Code) and the State Energy Conservation Construction
Code[2] (the Energy Code) in this City. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, the Energy Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
[Amended 12-13-2022 by L.L. No. 1-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work issued pursuant to § 109-8 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
An inspector appointed pursuant to § 109-7D of this chapter.
A document issued by the City of Glens Falls stating that work was done in compliance with approved construction documents and the Codes. A certificate of compliance shall be interchangeable with the certificate of occupancy pursuant to § 109-11 of this chapter.
A document issued by the City of Glens Falls certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by, the City of Glens Falls and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. Certificates of occupancy shall be issued pursuant to § 109-11 of this chapter.
The City of Glens Falls.
The Code Enforcement Officers designated pursuant to § 109-7 of this chapter and their assistants.
The Code Enforcement Officers and inspectors and their assistants.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code,
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
A Fire Department official appointed pursuant to § 109-6 of this chapter.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 109-3 of this chapter and includes the Building Inspector, Assistant Building Inspectors, or other inspectors designated by the Mayor.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 109-14 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 109-21 of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 109-10 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 109-11D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A.
There is hereby designated in the City of Glens Falls a public official
to be known as the "Code Enforcement Administrator," who shall be
appointed by the Common Council at a compensation to be fixed by it.
B.
The Common Council may appoint one or more Building Inspectors, as
the need may appear, to act under the supervision of the Code Enforcement
Administrator and to exercise any portion of his powers and duties.
The compensation of such Building Inspectors shall be fixed by the
Common Council.
In the absence of the Code Enforcement Administrator or in the
case of his inability to act for any reason, the Mayor shall have
the power, with the consent of the Common Council, to designate a
person to act in his behalf and to exercise all of the powers conferred
upon him by this chapter.
No officer or employee of the Building Department shall engage
in any activity inconsistent with his duties or with the interests
of the Building Department, nor shall be, during the term of his employment,
engaged directly or indirectly in any building business, in the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the City of Glens Falls, excepting only that this provision
shall not prohibit any employee from such activities in connection
with the construction of a building or structure owned by him and
not constructed for sale.
There is hereby designated within the Fire Department of the
City of Glens Falls a fire official to be known as the "Fire Prevention
Officer," who shall be appointed by the Board of Public Safety.
A.
All City officials designated as Code Enforcement Administrator,
Building Inspectors, or Fire Prevention Officers are designated as
Code Enforcement Officers as per New York State law. The Code Enforcement
Officers shall administer and enforce the provisions of the Uniform
Code, the Energy Code, and this chapter as set forth herein. Code
Enforcement Officers shall have powers and duties as set forth below,
and, in the event that a Code Enforcement Officer shall be assigned
powers and duties under other laws or regulations of the City that
conflict with the powers and duties assigned under this chapter, the
powers and duties assigned under this chapter shall be controlling.
B.
All Code Enforcement Officers shall have the power/duty to:
(1)
Receive, review, and approve or disapprove
applications for building permits, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, and operating
permits, and the plans, specifications, and construction documents
submitted with such applications;
[Added 12-13-2022 by L.L. No. 1-2023[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection B(1) through (9) as Subsection B(3) through (11).
(2)
Upon approval of such applications, to
issue building permits, certificates of occupancy, certificates of
compliance, temporary certificates of occupancy, and operating permits,
and to include in terms and conditions as the Code Enforcement Officer
may determine to be appropriate;
[Added 12-13-2022 by L.L. No. 1-2023]
(3)
Conduct construction inspections, inspections to be made prior to
the issuance of certificates of occupancy, temporary certificates
and operating permits, firesafety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
chapter;
(4)
Issue stop-work orders;
(5)
Review and investigate complaints;
(7)
Maintain records;
(8)
Collect fees as set by the Common Council of this City;
(9)
Pursue administrative enforcement actions and proceedings;
(10)
In consultation with the City Attorney, pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
Exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
C.
All Code Enforcement Officers shall possess background experience
related to building construction or fire prevention and shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and the
Code Enforcement Officers shall obtain and maintain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
D.
Building Safety Inspector.
(1)
There is hereby designated a public official to be known as "Building
Safety Inspector." The Common Council or Board of Public Safety may
appoint one or more Building Safety Inspectors, as the need may appear,
to act under the supervision of a designated Code Enforcement Officer.
(2)
Building Safety Inspectors shall have the authority to conduct firesafety
and property maintenance inspections of existing buildings and structures
for compliance with the applicable provisions of the Uniform Code.
(3)
All Building Safety Inspectors shall possess background experience
related to building safety or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for building safety personnel, and the Building
Safety Inspectors shall obtain and maintain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
E.
The City may contract directly with an
individual or business entity to perform Building Safety Inspector
or Code Enforcement Officer activities on behalf of the City, subject
to the following conditions:
[Added 12-13-2022 by L.L. No. 1-2023]
(1)
Where the City contracts directly with
an individual or a business entity to perform any Building Safety
Inspector activities on behalf of the City, the City shall satisfy
itself that each individual performing such contracted for Building
Safety Inspector activities has qualifications comparable to those
of a person who has met the requirements of New York State applicable
to Building Safety Inspectors.
(2)
Where the City contracts directly with
an individual or a business entity to perform any Code Enforcement
Officer activities on behalf of the City, the authority having jurisdiction
shall satisfy itself that each individual performing such contracted
for Code Enforcement Officer activities has qualifications comparable
to those of a person who has met the requirements of New York State
applicable to Code Enforcement Officers.
(3)
No agreement shall be made by which building
permits, certificates of occupancy, temporary certificates of occupancy,
certificates of compliance, orders, appearance tickets, or other similar
documents related to administration and enforcement of the Codes are
issued by other than public officers of the City.
(4)
Special inspections (as defined in the
Uniform Code), including, but not limited to, electrical inspections,
elevator inspections, welding inspections, and smoke control system
inspections are not considered to be Building Safety Inspector or
Code Enforcement Officer activities. Accordingly, a special inspector
performing a special inspection is not performing a Building Safety
Inspector or a Code Enforcement Officer activity and is not required
to have qualifications comparable to those of a person who has met
the requirements of New York State. However, an authority having jurisdiction
shall not accept or rely upon a special inspection unless the person
performing such special inspection:
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Department.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area is less than 100 square
feet (9.29 square meters) and that the structure is located on the
ground;[1]
[1]
Editor's Note: Former Subsection B(2), regarding playground
equipment; (3), regarding swimming pools; and (4), regarding retaining
walls, was repealed 12-13-2022 by L.L. No. 1-2023. This local law also
redesignated former Subsection B(5) through (11) as Subsection B(2)
through (8).
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
[Amended 12-13-2022 by L.L. No. 1-2023]
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(8)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Building Department. The application shall be signed by the
owner of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information
as the Building Department deems sufficient to permit a determination
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code;
(5)
At least three sets of construction documents (drawings and/or specifications),
one of which may be provided in a digital format, which:
[Amended 12-13-2022 by L.L. No. 1-2023]
(a)
Describe the location, nature, extent,
and scope of the proposed work;
(b)
Show that the proposed work will
conform to the applicable provisions of the Codes;
(c)
Show the location, construction,
size, and character of all portions of the means of egress;
(d)
Show a representation of the building
thermal envelope;
(e)
Show structural information including
but not limited to braced wall designs, the size, section, and relative
locations of structural members, design loads, and other pertinent
structural information;
(f)
Show the proposed structural, electrical,
plumbing, mechanical, fire-protection, and other service systems of
the building;
(g)
Include a written statement indicating
compliance with the Energy Code;
(h)
Include a site plan, drawn to scale
and drawn in accordance with an accurate boundary survey, showing
the size and location of new construction and existing structures
and appurtenances on the site, distances from lot lines, the established
street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, and design flood elevations; and
(i)
Evidence that the documents were
prepared by a licensed and registered architect in accordance with
Article 147 of the New York State Education Law or a licensed and
registered professional engineer in accordance with Article 145 of
the New York State Education Law and practice guidelines, including
but not limited to the design professional's seal which clearly and
legibly shows both the design professional's name and license number
and is signed by the design professional whose name appears on the
seal in such a manner that neither the name nor the number is obscured
in any way, the design professional's registration expiration date,
the design professional's firm name (if not a sole practitioner),
and, if the documents are submitted by a professional engineering
firm and not a sole practitioner professional engineer, the firm's
certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Department in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Department, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Administrator, or any person duly designated
and deemed qualified by the Mayor to act in the place of the Code
Enforcement Administrator, shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be performed in accordance with construction documents. All
work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Building
Department of any change occurring during the course of the work.
The building permit shall contain such a directive. If the Building
Department determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits shall expire 12 months after date of
issuance and shall become invalid unless the authorized work is commenced
within six months following the date of issuance. For good cause,
the Code Enforcement Administrator may allow an extension for a period
not to exceed 18 months. A building permit which has become invalid
or has expired pursuant to this subsection may be renewed upon application
by the permit holder, payment of the applicable fee, and approval
of the application by the Code Enforcement Administrator.
J.
Revocation or suspension of building permits. If the Code Enforcement
Administrator determines that a building permit was issued in error
because of incorrect, inaccurate or incomplete information, or that
the work for which a building permit was issued violates the Uniform
Code or the Energy Code, the Code Enforcement Administrator shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
K.
Fee. All fees established by the Common Council must be paid at the
time of submission of an application for a building permit, for an
amended building permit, or for renewal of a building permit. A schedule
of all such fees will be available for review in the office of the
City Clerk and in the Building Department.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by a Code Enforcement Officer or by an inspector authorized by the Building Department. The permit holder shall notify the Building Department when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. All elements of the construction
process that the Building Department deems appropriate shall be inspected
where applicable, including but not limited to:
(1)
Work site prior to the issuance of a Building Permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance including but not limited to insulation, fenestration,
air leakage, system controls, mechanical equipment size, and, where
required, minimum fan efficiencies, programmable thermostats, energy
recovery, whole-house ventilation, plumbing heat traps, and high-performance
lighting and controls;
[Amended 12-13-2022 by L.L. No. 1-2023]
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote
inspections. At the discretion of the Code Enforcement Officer or
inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
[Added 12-13-2022 by L.L. No. 1-2023[2]]
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
E.
Fee. All fees established by the Common Council must be paid prior
to or at the time of each inspection performed pursuant to this section.
A schedule of all such fees will be available for review in the office
of the City Clerk and in the Building Department.
A.
Authority to issue. Any Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. A Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by a Code Enforcement Officer to be contrary
to any applicable provision of the Uniform Code or Energy Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of a Code Enforcement Officer, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be in writing,
be dated and signed by a Code Enforcement Officer, state the reason
or reasons for issuance, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. A Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail, return receipt
requested, to the address listed on the permit application. A Code
Enforcement Officer shall be permitted, but not required, to cause
the stop-work order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail,
return receipt requested; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 109-20, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof which are converted
from one use or occupancy classification or subclassification to another
as specified in the New York State Uniform Fire Prevention and Building
Codes.[1] Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy.
[1]
Editor's Note: See Executive Law § 370 et seq.
B.
Issuance of certificates of occupancy. The Building Department shall
issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. All buildings, structures or work shall be inspected prior to
the issuance of a certificate of occupancy. In addition, where applicable,
the following documents, prepared in accordance with the provisions
of the Uniform Code by such person or persons as may be designated
by or otherwise acceptable to the Building Department, at the expense
of the applicant for the certificate of occupancy, shall be provided
to the Building Department prior to the issuance of the certificate
of occupancy:
(1)
A written statement of structural observations and/or a final report
of special inspections; and
(2)
Flood hazard certifications.
(3)
A written statement of the results of tests
performed to show compliance with the Energy Code; and
[Added 12-13-2022 by L.L. No. 1-2023]
(4)
Where applicable, the affixation of the
appropriate seals, insignias, and manufacturer's data plates as required
for factory manufactured buildings and/or manufactured homes.
[Added 12-13-2022 by L.L. No. 1-2023]
C.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit;
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance; and
(11)
Any other additional information as may be reasonably requested
by the Building Department.
D.
Temporary certificate. The Building Department shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Building Department issue a temporary certificate
unless the Building Department determines 1) that the building or
structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, 2) that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
3) that all required means of egress from the building or structure
have been provided. The Building Department may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed six months, which shall be determined
by the Building Department and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Building Department
determines that a certificate of occupancy or a temporary certificate
was issued in error because of incorrect, inaccurate or incomplete
information, and if the relevant deficiencies are not corrected to
the satisfaction of an inspector within such period of time as shall
be specified by the Code Enforcement Officer, the Building Department
shall revoke or suspend such certificate.
F.
Fee. All fees established by the Common Council must be paid at the
time of submission of an application for a certificate of occupancy
or for a temporary certificate. A schedule of all such fees will be
available for review in the office of the City Clerk and in the Building
Department.
The Chief of the Glens Falls Fire Department shall promptly
notify the Code Enforcement Administrator of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
A.
Purpose and construction. The purpose of this section is to promote
and preserve the public health, safety and welfare by providing methods
for repair or removal of buildings and structures that have become
or shall hereafter become unsafe to the public and to the human beings
that live in them. Unsafe buildings serve as an attractive nuisance
for young children who may be injured therein; may be a point of congregation
by vagrants and transients; may attract rodents or insects; and may
also attract illegal drug activity. The powers conferred by this section
shall be in addition to and not in limitation of other powers conferred
upon the City of Glens Falls by state law. Any or all of the procedures
described in this section may be used to remedy an unsafe structure.
B.
UNSAFE BUILDING/STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any building or structure that, from any cause, endangers
the health, safety and welfare of the public, with particular reference
to the New York State Uniform Fire Prevention and Building Code[1] as a determinant.
[1]
Editor's Note: See Executive Law § 370 et seq.
C.
Unsafe buildings prohibited. No person, firm, corporation or association
owning, possessing or controlling a building in this City shall permit,
suffer or allow said building now or hereafter to be or become unsafe
to the public and/or residents from any cause whatsoever.
D.
Notice and hearing procedure.
(1)
Upon written complaint or upon the Code Enforcement Officer's own
initiative that a building or structure may be unsafe, the Code Enforcement
Officer shall make an inspection of the building or structure and
report their findings to the Code Enforcement Administrator who shall
file a report of said inspection with the Common Council, City Engineer,
and the City Attorney.
(2)
Upon the preliminary finding by the Code Enforcement Officer that
the building or structure endangers the health, safety and welfare
of the public, the Code Enforcement Administrator shall serve notice
upon the owner and all other persons having an interest in such building
or structure.
(3)
Contents of notice. The notice shall contain the following:
(a)
A description of the premises;
(b)
A statement of the particulars in which the building is unsafe;
(c)
An order requiring the building to be repaired or demolished;
(d)
That the repairing or demolition of the building shall commence
within 30 days of the serving of the notice, as hereinafter provided,
and shall be completed within 60 days thereafter;
(e)
A date, time and place for a hearing before the Common Council
in relation to such unsafe building, which hearing shall be scheduled
not less than five business days from the day of service of the notice;
(f)
A statement that in the event of neglect or refusal to comply
with the order to repair or demolish the building, the Common Council
is authorized to provide for its repair or demolition, to assess all
expenses thereof against the land on which it is located and to institute
a special proceeding to collect the costs of demolition, including
legal expenses.
(4)
Service of notice. The notice shall be served in the following manner:
(a)
By personal service of a copy thereof upon the owner or some
one of the owners, executors, legal representative, agents, lessees
or any other person having a vested or contingent interest in the
premises as shown by the last preceding completed assessment roll
of the City, or of the County Clerk, such service to be complete and
the thirty-day time period recited in said notice to commence upon
service; or
(b)
By mailing a copy of said notice to such owner, and all other
persons having a legal interest in the property or structure, as aforesaid
by registered mail, return receipt requested, addressed to the last
known address of the owner and by affixing a copy of said notice to
the premises, such service to be complete and the thirty-day time
period recited in said notice to commence upon date of receipt.
(c)
A copy of the notice shall also be filed in the office of the
Warren County Clerk of the county within which such building is located,
which notice shall be filed by such Clerk in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law
and Rules, and shall have the same effect as a notice of pendency
as therein provided, except as otherwise hereinafter provided. A notice
so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order
of a judge or upon the consent of the City Attorney.
(5)
Hearing.
(a)
The hearing shall be conducted before the Common Council. The
Enforcement Officer shall present his or her report to the Common
Council in writing. The owner or his or her representative, if present,
shall call such witnesses as he or she deems necessary. The Common
Council shall make written findings of fact from the testimony offered
as to whether or not the building in question is an unsafe building.
(b)
If such owner shall neglect, fail or refuse to comply and shall
fail to appear at said hearing, then the Common Council shall direct
the repair or demolition of the building forthwith.
(c)
If such owner shall neglect, fail or refuse to comply and after
appearing at said hearing the Common Council finds that the building
is a public nuisance and directs its repair or demolition, the owner
shall repair or demolish said building within the time prescribed
by the Common Council. If the owner fails or neglects to repair or
demolish said building as directed by the Common Council following
the hearing, then the Common Council shall direct the repair or demolition
of same forthwith.
(6)
Noncompliance with order. In the event of neglect or refusal of the
persons so notified to comply with said order of the Common Council,
the Common Council shall provide for the demolition and removal of
such building either by City employees or by contract. Except in an
emergency, any contract in excess of $20,000 shall be awarded by competitive
bidding.
(7)
Emergencies.
(a)
In case there shall be, in the opinion of the Code Enforcement
Officer, actual and immediate danger of the falling of a building
or portion thereof so as to endanger public safety, life or property
or actual or immediate menace to health or public welfare as a result
of the conditions present in or about a building, he or she shall
cause the necessary work to be done to render such a building temporarily
safe, whether the procedure prescribed in this law for unsafe buildings
has been instituted or not.
(b)
When emergency work is to be performed under this section, the
Code Enforcement Officer shall cause the owner thereof to be served
personally or by registered mail, return receipt requested, and, if
served by registered mail, shall post on the premises a notice to
comply containing a description of the premises, a statement of the
facts in which the building is unsafe or dangerous and orders and
directions to correct the conditions which constitute an emergency
within a specified period not to exceed three days from actual or
constructive receipt of the notice.
(c)
In the event that the emergency does not permit any delay in
correction, the notice shall state the City has corrected the emergency
condition.
(d)
In both cases, the notice shall state that the corrective costs
of the emergency will be assessed against the owner pursuant to the
provisions of this chapter.
E.
Uniform Fire Prevention and Building Code procedure.
(1)
Pursuant to § 10, Subdivision 4(a) of the Municipal Home
Rule Law, the Code Enforcement Officers are hereby authorized to serve
a notice of violation, together with an order to remedy said violation,
upon any party described in § 382, Subdivision 2, of the
Executive Law, to remedy any unsafe building or structure which violates
the New York State Uniform Fire Prevention and Building Code (9 NYCRR
600 et seq.).
(2)
Said notice and order shall specify the section or sections of the
Uniform Fire Prevention and Building Code violated and shall state
a time by which said violation or violations must be remedied. The
notice and order shall be served upon the defendant in person or by
certified or registered mail in the manner provided by law. Any person
so served with notice and order shall, upon failure to remedy the
cited violations within the time stated therein, be subject to the
fines and penalties stated in § 382, Subdivision 2, of the
Executive Law.
(3)
In addition to and not in limitation of the other provisions of this
subsection, the Code Enforcement Officers are hereby authorized to
issue appearance tickets under Article 150 of the Criminal Procedure
Law for violations of the Uniform Code as stated above.
F.
Court action. The imposition of fees, fines and/or a jail sentence
as herein prescribed shall not preclude the City or any agent, officer
or employee of the City from instituting an action for injunction
or other appropriate legal action or proceedings in a court of competent
jurisdiction to remedy an unsafe building or structure. In the event
such an action is commenced, and the outcome is anything other than
a finding in favor of the violator, the violator shall be responsible
for all reasonable attorneys' fees incurred by or on behalf of the
City, together with all costs and disbursements of the litigation.
G.
Assessment of costs.
(1)
All costs and expenses incurred by the City in connection with the
administratively and/or judicially substantiated proceedings to remove
or secure, including the cost of actually removing said building,
shall be assessed against the land on which said building is located.
(2)
The City may commence a special proceeding pursuant to § 78-b
of the General Municipal Law to collect the costs of demolition, including
reasonable and necessary legal expenses.
H.
Nonexclusivity of remedies. The City of Glens Falls, its authorized
agents, officers or employees, or any or all of the same may proceed
under any subsection hereof, at any time, without respect to whether
any other remedy has been imposed or sought by the City of Glens Falls
or any agents, officers or employees of same. The alternative remedies,
fees and penalties provided for herein are not mutually exclusive,
but rather may be commenced, implemented and enforced simultaneously
without regard to whether any other remedies, fees or penalties have
been sought or imposed.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
[Amended 12-13-2022 by L.L. No. 1-2023]
(a)
Manufacturing, storing, or handling
hazardous materials in quantities exceeding those listed in the applicable
Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities,
processes, and/or activities that are within the scope and/or permit
requirements of the chapter or section title of the FCNYS as follows:
[1]
Chapter 22, Combustible Dust-Producing
Operations. Facilities where the operation produces combustible dust;
[2]
Chapter 24, Flammable Finishes. Operations
utilizing flammable or combustible liquids, or the application of
combustible powders regulated by Chapter 24 of the FCNYS;
[3]
Chapter 25, Fruit and Crop Ripening.
Operating a fruit- or crop-ripening facility or conducting a fruit-ripening
process using ethylene gas;
[4]
Chapter 26, Fumigation and Insecticidal
Fogging. Conducting fumigation or insecticidal fogging operations
in buildings, structures, and spaces, except for fumigation or insecticidal
fogging performed by the occupant of a detached one-family dwelling;
[5]
Chapter 31, Tents, Temporary Special
Event Structures, and Other Membrane Structures. Operating an air-supported
temporary membrane structure, a temporary special event structure,
or a tent where approval is required pursuant to Chapter 31 of the
FCNYS;
[6]
Chapter 32, High-Piled Combustible
Storage. High-piled combustible storage facilities with more than
500 square feet (including aisles) of high-piled storage;
[7]
Chapter 34, Tire Rebuilding and Tire
Storage. Operating a facility that stores in excess of 2,500 cubic
feet of scrap tires or tire byproducts or operating a tire rebuilding
plant;
[8]
Chapter 35, Welding and Other Hot
Work. Performing public exhibitions and demonstrations where hot work
is conducted, use of hot work, welding, or cutting equipment, inside
or on a structure, except an operating permit is not required where
work is conducted under the authorization of a building permit or
where performed by the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, Sugarhouse Alternative
Activity Provisions. Conducting an alternative activity at a sugarhouse;
[10]
Chapter 56, Explosives and Fireworks. Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270;
[11]
Section 307, Open Burning,
Recreational Fires and Portable Outdoor Fireplaces. Conducting open
burning, not including recreational fires and portable outdoor fireplaces;
[12]
Section 308, Open Flames.
Removing paint with a torch, or using open flames, fire, and burning
in connection with assembly areas or educational occupancies; and
[13]
Section 319, Mobile
Food Preparation Vehicles. Operating a mobile food preparation vehicle
in accordance with the permitting requirements established by this
chapter, as now in effect or as hereafter amended from time to time.
(c)
Energy storage systems, where the
system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds
the permitted aggregate ratings in Section R327.5 of the RCNYS.
(d)
Buildings containing one or more
assembly areas;
(e)
Outdoor events where the planned
attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or
use hazardous production materials;
(h)
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 the City;
and
(i)
Other processes or activities or
for operating any type of building, structure, or facility as determined
by resolution adopted by the Common Council of the City.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Fire Prevention Officer. Such application shall include such
information as the Fire Prevention Officer deems sufficient to permit
a determination by the Fire Prevention Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Fire Prevention Officer determines that tests or reports are necessary
to verify conformance, such tests or reports shall be performed or
provided by such person or persons as may be designated by or otherwise
acceptable to the Fire Prevention Officer at the expense of the applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1)(a) through (g) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 109-15 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with § 109-17 (Condition Assessments of Parking Garages) of this chapter, as applicable.
[Added 12-13-2022 by L.L. No. 1-2023[1]]
D.
Inspections. The Fire Prevention Officer or an authorized inspector
shall inspect the subject premises prior to the issuance of an operating
permit. Such inspections shall be performed either in-person or remotely.
Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the Fire Prevention Officer or an inspector
authorized by the Fire Prevention Officer, the remote inspection can
be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Fire Prevention
Officer or Inspector authorized by the Fire Prevention Officer that
the premises conform with the applicable requirements of the Uniform
Code and the code enforcement program. Should a remote inspection
not afford the City sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the
premises shall be noted as satisfactory and the operating permit shall
be issued, or the operating permit holder shall be notified as to
the manner in which the premises fail to comply with either or both
of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been
met.
[Amended 12-13-2022 by L.L. No. 1-2023]
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Fire Prevention Officer may require a separate operating permit for each such activity, or the Fire Prevention Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits.
[Amended 12-13-2022 by L.L. No. 1-2023]
(1)
Operating permits shall be issued for a
specified period of time consistent with local conditions, but in
no event to exceed as follows:
(2)
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 Fire Prevention Officer, payment of the applicable
fee, and approval of such application by the Fire Prevention Officer.
G.
Revocation or suspension of operating permits. If the Fire Prevention
Officer 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.
H.
Fee. Fees shall be established from time to time by the Common Council
and must be paid at the time of submission of an application for an
operating permit or for the reissue or renewal of an operating permit.
A schedule of all such fees will be available for review in the office
of the City Clerk and in the Fire Department.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Fire Prevention
Officer or an inspector designated by the Fire Chief at the following
intervals:
[Amended 12-13-2022 by L.L. No. 1-2023]
(1)
At least once every 12 months for buildings
which contain an assembly area;
(2)
At least once every 12 months for public
and private schools and colleges, including any buildings of such
schools or colleges containing classrooms, dormitories, fraternities,
sororities, laboratories, physical education, dining, or recreational
facilities; and
(3)
At least once every 36 months for multiple
dwellings and all nonresidential occupancies.
B.
Remote
inspections. At the discretion of the Fire Prevention Officer or inspector
authorized to perform fire safety and property maintenance inspections,
a remote inspection may be performed in lieu of in-person inspections
when, in the opinion of the Fire Prevention Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Fire Prevention Officer or such authorized
inspector that the premises conform with the applicable provisions
of 19 NYCRR Part 1225 and the publications incorporated therein by
reference and the applicable provisions of 19 NYCRR Part 1226 and
the publications incorporated therein by reference. Should a remote
inspection not afford the Fire Prevention Officer or such authorized
inspector sufficient information to make a determination, an in-person
inspection shall be performed.
[Added 12-13-2022 by L.L. No. 1-2023[1]]
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Prevention Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Fire Prevention Officer 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 Fire Prevention Officer of any other information,
reasonably believed by the Fire Prevention Officer 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 subsection 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.
D.
Office of fire prevention and control inspections. 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 New
York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
E.
Fees. A fee shall be established from time to time by the Common
Council and must be paid at the time of submission of an application
for a firesafety and property maintenance inspection or upon notice
to the owner of the property that such inspection is required. A schedule
of all such fees shall be available for review in the office of the
City Clerk and the Department of Public Safety.
All Code Enforcement Officers shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 109-20, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
[Amended 12-13-2022 by L.L. No. 1-2023]
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments: general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the City, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
[Amended 12-13-2022 by L.L. No. 1-2023]
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and the effective
date of the rule adding this subsection to 19 NYCRR 1203.3, then prior
to October 1, 2021.
(3)
Any
parking garage constructed prior to the effective date of the local
law enacting this provision that has not undergone an initial condition
assessment prior to that effective date shall undergo an initial condition
assessment prior to August 1, 2022.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the City shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the City becomes aware of any new or increased deterioration which, in the judgment of the City, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the City shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the City to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment and shall submit such condition
assessment report to the City within 30 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or she
reviewed all previously prepared condition assessment reports available
for such parking garage and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in
his or her professional judgment.
G.
Review condition assessment reports. The City shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the City shall, by order to remedy or such other means of enforcement as the City may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the City to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The City shall retain all condition assessment reports for the life
of the parking garage. Upon request by a professional engineer who
has been engaged to perform a condition assessment of a parking garage
and who provides the City with a written statement attesting to the
fact that he or she has been so engaged, the City shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
City shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making
such previously prepared condition assessment reports (or copies thereof)
available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the City:
(2)
To perform such periodic firesafety and property maintenance inspections as are required by § 109-15 of this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the City by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
[Added 12-13-2022 by L.L. No. 1-2023[1]]
A.
The Code Enforcement Officer shall determine
the climatic and geographic design criteria for buildings and structures
constructed within this City as required by the Uniform Code. Such
determinations shall be made in the manner specified in the Uniform
Code using, where applicable, the maps, charts, and other information
provided in the Uniform Code. The criteria to be so determined shall
include, but shall not necessarily be limited to, the following:
(1)
Design criteria to include ground snow
load; wind design loads; seismic category; potential damage from weathering,
frost, and termite; winter design temperature; whether ice barrier
underlayment is required; the air freezing index; and the mean annual
temperature;
(2)
Heating and cooling equipment design criteria
for structures within the scope of the RCNYS. The design criteria
shall include the data identified in the Design Criteria Table found
in Chapter 3 of the RCNYS; and
(3)
Flood hazard areas, flood hazard maps,
and supporting data. The flood hazard map shall include, at a minimum,
special flood hazard areas as identified by the Federal Emergency
Management Agency in the Flood Insurance Study for the community,
as amended or revised with:
(4)
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.
All Code Enforcement Officers shall keep permanent official records
of all transactions and activities conducted by them, including records
of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, temporary certificates,
stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(10)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
Code Enforcement Officers shall annually prepare for submittal to the Common Council a written report and summary of all business conducted by them, including a report and summary of all transactions and activities described in § 109-18, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Administrator shall annually submit to the Secretary
of State, on behalf of this City, on a form prescribed by the Secretary
of State, a report of the activities of this City relative to administration
and enforcement of the Uniform Code.
C.
Code Enforcement officers shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
from the records and related materials this City is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this City in connection with administration
and enforcement of the Uniform Code.
A.
Orders to remedy. The Code Enforcement Officer is authorized to order,
in writing, the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. An order to
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter; which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following:
|
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _____ [specify date], which is 30 days after the date of this Order
to Remedy."
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B.
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property, personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
C.
Appearance tickets. Code Enforcement Officers and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
D.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this chapter, shall
be liable to a civil penalty of not more than $200 for each day or
part thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this City.
E.
Injunctive relief. An action or proceeding may be instituted in the
name of this City, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of, the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit, order to
remedy, or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter. In particular, but not
by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, order to remedy
or other order obtained under the Uniform Code, the Energy Code or
this chapter, an action or proceeding may be commenced in the name
of this City, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Common Council of this City.
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 109-10, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 109-10, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
G.
Appeals. A person or entity served with an order to remedy may, for
an extension of time, in a timely fashion make written appeal to the
Code Enforcement Officer should performance be hindered by acts of
God, weather, legal hardship or other such factors that the Code Enforcement
Officer, in his sole discretion, shall deem valid.
H.
Violations.
(1)
It shall be unlawful for any person, firm or corporation to construct,
alter, remove, demolish, equip, use, occupy or maintain any building,
structure or premises, or any portion thereof, in violation of any
of the provisions of this chapter, or to fail in any manner to comply
with the lawful notice, directive or order of the Code Enforcement
Officer or his or her designees.
(2)
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building, structure or premises, or any part thereof, in a manner
not permitted by the approved building permit or certificate of occupancy.
(3)
Any and all persons or entities constructing, operating, owning,
occupying, maintaining, using or permitting the use of any building,
property or premises, as well as any builder, design professional,
contractor, subcontractor or agent of any such person or entity, who
commits or takes part in or assists in a violation of the Uniform
Code or this chapter may be charged as provided in this chapter.
I.
Penalties for offenses.
(1)
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building, structure or portion thereof in violation of any provision
of this chapter or to fail in any manner to comply with a notice,
directive or order of the Code Enforcement Officer or to construct,
alter or use and occupy any building or structure or part thereof
in a manner not permitted by an approved building permit or certificate
of occupancy.
(2)
Any person who shall fail to comply with a written order of the Code
Enforcement Officer within the time fixed for compliance therewith
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Building Inspector made thereunder shall be punishable by a fine of
not more than $1,000 or imprisonment for a term not to exceed one
year, or both. Each day that a violation continues shall be deemed
a separate offense.
(3)
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed, for any purpose, a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise of any person convicted thereof.
(4)
This section shall not apply to violations of the provisions of the
State Uniform Fire Prevention and Building Code punishable under § 382
of the Executive Law of the State of New York nor to violations of
the Multiple Residence Law punishable under § 304 of the
Multiple Residence Law of the State of New York.
(5)
A penalty for violation of that portion of § 109-13 of the Building Code of the City of Glens Falls regarding unsafe buildings and specifically those rendered unsafe, unsanitary and hazardous in the judgment of the Code Enforcement Officer due to failure of the owner to remove trash and garbage from the premises shall be $100 for each violation and a like amount for each day's continuance in violation of the provisions of this chapter relating to actions by a landowner rendering a premises unsafe, unsanitary and hazardous due to failure of the owner to remove trash and garbage from the premises shall constitute disorderly conduct and the person violating the same shall be a disorderly person. This penalty shall be specific to the violation herein described and shall not alter or affect the preexisting penalties described in the Building Code of the City of Glens Falls. All costs and disbursements incurred by the City of Glens Falls relating to the pickup and removal of trash, refuse and garbage on a violator's premises shall become a lien against the real property which is in the subject matter of the litigation, and, in addition thereto, if said costs and disbursements are not paid by the violator to the City, then said amount can be added to the real property taxes owed by the violator at the discretion of the Common Council.
J.
State law option. Nothing in this chapter shall preclude prosecution
of the Uniform Code pursuant to the New York State Executive Law or
the imposition of fines or penalties contained in the New York State
Executive Law or any other general law.
A fee schedule shall be established by resolution of the Common
Council of this City. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
The Common Council of this City may, by resolution, authorize
the Mayor to enter into an agreement, in the name of this City, with
other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform
Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any
other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
