The purpose of this Article is to designate the personnel and
procedures within the Bureau of Code Enforcement to implement, administer
and enforce Subchapters C and F of Title 9, Volume B of the Official
Compilation of Codes, Rules and Regulations of the State of New York,
herein after referred to as the "Code," in accordance with 19 NYCRR
Part 444.3.
The Fire Chief, after consultation with the Board of Fire and
Police Commissioners, shall designate a member of the Fire Department
as the Fire Marshal for the City of Fulton. It shall be the duty of
said Fire Marshal to inspect or cause to be inspected, on a regular
basis and in accordance with the provisions of the Code, all buildings
other than those used exclusively for residential purposes. The Fire
Marshal and the Deputy Fire Marshal shall report to the Bureau Chief
for the purpose of this Article.
The Fire Marshal shall also inspect or cause to be inspected
any private dwelling or any other building upon receiving a bona fide
complaint indicating possible fire or safety hazard. The complaint
need not be generated by an owner or occupant of the dwelling or building.
The Fire Chief, after consultation with the Board of Fire and
Police Commissioners, shall designate a member of the Fire Department
as the Deputy Fire Marshal for the City of Fulton.
It shall be the responsibility of business occupants and/or
operators and/or owners to notify the Bureau of Code Enforcement,
in writing, of any change of location for the respective business
so that the required firesafety inspection can be performed. It shall
be the responsibility of property owners to notify the said Bureau,
in writing, of a change of occupancy or tenancy in properties which
they own other than those used exclusively for residential use.
In accordance with 19 NYCRR Part 444.3(d) 3, 4 and 5, periodic
firesafety inspections of existing buildings, structures and premises
for compliance with the provisions of the Code shall be conducted
pursuant to the following schedule:
A. All areas in existing buildings or structures defined as an area
of public assembly in Title 9, Volume B NYCRR Part 606 shall be inspected
at least once per year.
B. All city-owned buildings shall be inspected at least once per year.
C. All other properties classified in Title 9, Volume B NYCRR Part 701
as Group C occupancies shall be inspected pursuant to the schedule
established by the Bureau Chief.
D. All other occupancies which are frequented by the public shall be
inspected pursuant to the schedule established by the Bureau Chief.
These types of occupancies shall include, but are not limited to home
businesses open to the public, and including home occupations as defined
in the Zoning Ordinance. The private parts of the buildings or structures shall
not be inspected except for those parts of the electrical, heating,
cooling and plumbing systems which serve the public or business areas
of the buildings or structures.
E. No regular periodic inspections by the Bureau shall be performed
for one- or two-family residences; however, inspections will be conducted
at the invitation of the owners and/or occupant or if, in the opinion
of the Bureau, the conditions of the premises threaten or present
a hazard to public health, safety or welfare.
F. Upon receiving a bona fide complaint regarding conditions or activities
allegedly failing to comply with the Code, an inspection will be performed
immediately regardless of the type or use of property or premises.
G. The owner, lessee, tenant, manager or operator of any building or
premises will permit the Bureau to enter and inspect the building
or premises, upon notice that is reasonable under the circumstances.
H. If entrance to make an inspection is refused or cannot be obtained,
the Bureau Chief may apply to any court of competent jurisdiction
for a warrant to make an inspection.
I. In the case of an emergency, the Bureau Chief or his designee may,
without warrant, enter any building or part of any premises to inspect
the same at any time without the permission of the person in possession
or occupancy.
[Amended 12-7-1995 by L.L. No. 1-1995]
In the event that a violation of the Code is found in an existing
building or structure, a notice and order, containing a description
of each violation, the specific section of how violated and the time
within which each violation must be corrected, shall be sent to the
assessed property owner. The owner shall have the right to request
an administrative hearing before the Bureau Chief to address any question
he or she may have concerning the violation notice or to request additional
time to correct the violation(s). Such hearing must be requested within
the shortest time period that the owner has been given to correct
any violation.
A reinspection of the property will be conducted upon the expiration
of the time given to comply. If the violation(s) has not been corrected,
the matter shall be referred to the City Attorney's office for litigation
and/or an appearance ticket will be issued by the Bureau Chief.
No officer, agent or employee of the City of Fulton shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under the local law.
[Amended 12-6-2005 by L.L. No. 8-2005]
In the absence of the Bureau Chief, any and all duties of the
Bureau Chief may be delegated by the Mayor, in writing, to a qualified
successor.