[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 (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, 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:
ASSEMBLY AREA
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.
BUILDING PERMIT
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.
CERTIFICATE OF COMPLIANCE
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.
CERTIFICATE OF OCCUPANCY
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.
CITY
The City of Glens Falls.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code,
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
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.
HAZARDOUS PRODUCTION MATERIALS
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.
INSPECTOR
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.
MOBILE FOOD PREPARATION VEHICLES
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.
OPERATING PERMIT
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.
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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
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.
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.
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.
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.
[Added 12-13-2022 by L.L. No. 1-2023]
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:
(a)
The accompanying Flood Insurance
Rate Map (FIRM);
(b)
Flood Boundary and Floodway Map (FBFM);
and
(c)
Related supporting data along with
any revisions thereto.
(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 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.