This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(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, 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.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
137-4 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.
CITY
The City of Schenectady.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
137-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services
for a property within this City shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
electrical fire or damage, fuel-burning appliance, chimney or gas
vent.
Unsafe structures and equipment in this City shall be identified and addressed in accordance with the procedures established by Chapter
138 of the Code of the City of Schenectady, as now in effect or as hereafter amended from time to time.
[Added 1-13-2020 by Ord. No. 2020-01
A. Definitions. For the purposes of this section:
CONDITION ASSESSMENT
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.
DETERIORATION
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.
PARKING GARAGE
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:
(1)
Buildings in which the only level used for parking or storage
of motor vehicles is on grade;
(2)
An attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and
(3)
A townhouse unit with attached parking exclusively for such
unit.
PROFESSIONAL ENGINEER
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.
RESPONSIBLE PROFESSIONAL ENGINEER
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.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the 2015 edition of the International
Property Maintenance Code (a publication currently incorporated by
reference in 19 NYCRR Part 1226).
UNSAFE STRUCTURE
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. 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 of Schenectady Buildings Department (hereinafter referred to as 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:
(1) New parking garages 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) Existing parking garages 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 subdivision to 19 NYCRR 1203.3, then
prior to October 1, 2021.
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 the time period set forth in
this section. 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 timeframe 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 of 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. Retain condition assessment reports. 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. No limitation or impairment. This section shall not limit or impair
the right or the obligation of the City:
(1) To perform such construction inspections as are required by §
137-5 of this chapter;
(2) To perform such periodic fire safety and property maintenance inspections as are required by §
137-11 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.
The Code Enforcement Officer 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, ordinance 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 §
137-15, 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 fee schedule shall be established by resolution of the 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/certificates of compliance, 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 Council of this City may, by resolution, authorize the Mayor
of this City 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.