[HISTORY: Adopted by the Common Council of the City of Peekskill 5-23-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
The purpose of this chapter is to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code"). This chapter is adopted pursuant to New York State Executive Law Article 18 Sections 370-383. 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. This chapter authorizes the City of Peekskill Building Department or their designees to administer the fire safety and property maintenance program.
A. 
The provisions of this chapter shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Building Inspector or his/her designee.
B. 
Nothing contained in this chapter shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the United States Department of Transportation nor as applying to the military forces of the United States.
C. 
This chapter is subject to all other chapters of the City Code of the City of Peekskill and all ordinances and local laws of the City of Peekskill and any amendments thereto.
All matters within the intent of this chapter not covered in detail by this chapter shall comply with nationally recognized good practice.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this chapter:
APPROVED
Accepted by the Building Inspector or his/her designee, as a result of his/her investigation and experience or by reason of test, listing approval by the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing agencies.
ASSISTANT BUILDING INSPECTOR
The Assistant Building Inspector appointed by the City of Peekskill.
BUILDING
Any structure having a roof supported by columns, poles or walls, used or intended to be used for the shelter or enclosure of persons, animals or property and used for residential, business or industrial purposes.
BUILDING INSPECTOR
The Building Inspector appointed by the City of Peekskill.
CODE ENFORCEMENT PERSONNEL
The Building Inspector and all Building Department Inspectors appointed by the City of Peekskill or their designees.
FIRE INSPECTOR
The Fire Inspector appointed by the City of Peekskill.
FIRE-RESISTANCE RATING
The time in hours that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the Standard Methods of Fire Tests of Building Construction and Materials, ASTM E119, of the American Society for Testing Materials.
MULTIPLE FAMILY DWELLING
A building or portion thereof containing three or more dwelling units.
NONRESIDENTIAL BUILDING
Any building where a business or a service is provided or conducted.
OPERATING PERMIT
A permit issued pursuant to § 278-8 of this Code. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
OWNER
Includes any duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question.
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.
PUBLIC ASSEMBLY
Any building or place that has an occupancy of 50 persons or more.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
A. 
In the performance of their duties, Code Enforcement Personnel or their designees shall be authorized to enter upon any nonpublic premises, or portions of premises, that are not the subject of an application for permit or certificate or temporary certificate, at such times and in such manner as such personnel may deem necessary, with the consent of the person in possession or occupancy.
B. 
In the performance of their duties, Code Enforcement Personnel or their designees shall be authorized to enter upon any public premises, or portions of premises, during business hours or at an agreed upon time by the occupant, tenant, or property owner to make an inspection.
C. 
If entry onto any such premises, or portions of premises, is refused or cannot be obtained from a person in possession or occupancy, Code Enforcement Personnel shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
D. 
In exigent circumstances, Code Enforcement Personnel may, without a warrant, enter upon any such premises, or portions of premises, to inspect the same at any time without the permission of the person in possession or occupancy.
This chapter shall not be construed to hold any official of the City of Peekskill responsible for any damage to persons or property arising from the inspection or reinspection of premises, or a portion of premises, or failure to inspect or reinspect as required by any permits or as part of any inspection program. Nor shall such personnel be liable for any damage to persons or property by reason of the exercise of discretion by Code Enforcement Personnel as provided in this chapter.
A. 
All places of public assembly, multiple family dwellings and nonresidential buildings shall be subject to a regular and periodic fire safety and property maintenance inspection program by Building Department Personnel at intervals not to exceed that required in 19 NYCRR Part 1203.
B. 
The Building Department shall send written notice scheduling the inspection to the owner of record on file. The owner shall pay the requisite fee prior to the inspection date. Failure to pay the inspection fee and confirm the inspection date shall be a violation and subject the owner of record to penalties as set forth in this chapter.
C. 
In the event that the premises inspected are in compliance, the Building Department shall issue a certificate of compliance and/or operating permit, a copy of which shall be prominently displayed on the premises and in effect so long as the premises remain in compliance and pending the next scheduled inspection under the program.
D. 
In the event that the premises inspected are not in compliance, the Building Department shall give notice to the owner of record, in writing, personally or posted and mailed to the address shown on record. The owner shall have the time specified in the notice to remedy the violations noted and, in the event that same are not corrected after reinspection, the owner shall be subject to enforcement and the penalties set forth in this chapter.
E. 
In addition to the inspection required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed 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 of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist; or
(3) 
Receipt of any other information giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
F. 
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.
A. 
An operating permit shall be required for conducting the activities or using the categories of buildings listed below:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 5003.1.1(1), 5003.1.1(2), 5003.1.1(3) or 5003.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR Section 1225.1;
(2) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling or storage.
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Building Department.
(6) 
Any building whose use or occupancy may be used for an entertainment venue, or other uses not described in the certificate of occupancy.
[Added 10-15-2024 by L.L. No. 2-2024]
B. 
An operating permit shall be issued upon a complied fire/safety inspection.
C. 
The Building Inspector or his/her designee shall cause the subject premises to be inspected prior to the issuance of an operating permit to determine quantities, storage, and compliance with the Uniform Code. If the Building Inspector or his/her designee determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided at the expense of the applicant.
D. 
In any circumstance in which more than one activity listed in this section is to be conducted at a location, the Building Inspector or his/her designee may require a separate operating permit for each such activity or the Building Inspector may, in the exercise of his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Operating permits shall be issued for such period of time not to exceed one year, in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Building Inspector or his/her designee to be consistent with local conditions. The effective period of each operating permit shall be specified on the face of the permit. An operating permit may be reissued or renewed upon application to the Building Department, payment of the applicable fee and approval of such application by the Building Inspector.
F. 
If the Building Inspector or his/her designee subsequently determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Code, such operating permit shall be revoked or suspended.
There shall be no open burning, bonfires, or outdoor rubbish fires within the City limits of the City of Peekskill, except where a property contains a minimum of one acre of land or pursuant to an approved fire pit for recreation or food preparation.
A. 
A permit is required to kindle or maintain any open burning, bonfire or rubbish fire or to authorize any such fire to be kindled or maintained anywhere in the City of Peekskill.
(1) 
Permits required under this section will be issued by the City Building Inspector and/or his or her designee.
B. 
No person shall kindle or maintain any open burning, bonfire or rubbish fire, or authorize any such fire to be kindled or maintained, on any private land unless:
(1) 
The location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure; or
(2) 
The fire is contained in an approved waste burner located safely not less than 25 feet from any structure.
C. 
The Building Inspector, and/or his/her designee may prohibit any or all open burning, bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fire hazardous.
D. 
Supervision. All persons permitted to maintain a fire under this chapter shall remain at the location of the fire until all embers are extinguished.
E. 
No person shall kindle or maintain a fire under this section on Sundays, national holidays or between the hours of sunset and sunrise.
F. 
Prior to the commencement of burning under this section, the permit holder shall notify the City of Peekskill Police Department and Fire Department.
G. 
There shall be no permits issued to any person to kindle or maintain any bonfire or rubbish fire or to authorize any such fire to be kindled or maintained in the City of Peekskill for the following activities:
(1) 
No leaf burning (6 NYCRR Part 215);
(2) 
No treated wood, varnished, stained, sealed, glued or otherwise adulterated wood. No pressure-treated, plywood, particle board, fiberboard or oriented strand board (OSB);
(3) 
No downed limbs or branches (including branches with attached leaves or needles) larger than six inches in diameter and more than eight feet long;
(4) 
No open burning will be allowed nor any burn permits issued from March 5 to May 15 of each year.
H. 
Any permit issued shall be valid for a period of three months in accordance with the New York State DEC regulations.
I. 
The permit fee shall be set forth in the Consolidated Fee Scheduled maintained by the office of the City Clerk.
All mobile food preparation vehicles operating in the City of Peekskill shall be subject to an annual inspection. Such annual inspection will adhere to the requirements set forth in the New York State Fire Code. There shall be a fee for such inspection as set forth in the Consolidated Fee Scheduled maintained by the office of the City Clerk.
A. 
The City of Peekskill shall keep official records of all transactions and activities, 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;
(8) 
All other features and activities specified in or contemplated by this chapter, including all fees charged and collected.
B. 
Records that are public records shall be open for FOIL requests through the City of Peekskill City Clerk's Office, under the New York Freedom of Information Law. 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 and likewise be available for disclosure and/or reproduction pursuant to the Freedom of Information Law.
Nothing in this chapter 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. Notwithstanding any other provision of this section to the contrary:
A. 
The Building Inspector or his/her designee shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
B. 
The Building Inspector or his/her shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
C. 
The Building Inspector or his/her designee shall not perform fire safety and property maintenance inspections of a multiple family dwelling not included in Subsection B of this section if OFPC performs fire safety and property maintenance inspections of such multiple family dwelling at intervals not exceeding the interval specified in Subsection C.
D. 
The Building Inspector or his/her designee shall not perform fire safety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsections A or B of this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection C.
Unsafe buildings or structures shall be identified and addressed in accordance with the following procedures of Chapter 332 of the Code of the City of Peekskill.
The Chief of the Fire Department or his/her designee shall promptly notify the Building Department of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
A. 
Every owner of property to which this chapter applies shall follow the procedures for property registration of Chapter 435 of the Code of the City of Peekskill.
B. 
Every new rental of a property to which this chapter applies shall require a fire/safety and/or certificate of occupancy inspection to ensure compliance with all City of Peekskill and New York State Building and Fire Codes.
A. 
Every new commercial or mixed use property shall be required to provide a Knox-Box® on the exterior of the building to allow access by the City Fire Department in the event of an emergency. The installation of the Knox-Box® shall not exceed six feet in height.
B. 
Every existing commercial or mixed use property in the City shall be required to provide a Knox-Box® on the exterior of the building if 50% of the building is renovated to allow access by the City Fire Department in the event of an emergency. The installation of the Knox-Box® shall not exceed six feet in height.
C. 
Every new or existing commercial or mixed use property in the City shall be required to provide standardized fire service keys for any elevator located on the property to allow the City Fire Department access, and safe usage of the elevator in the event of an emergency.
Every property owner to which this chapter applies shall provide up to date contact information to the Building Department including the name, telephone number, email address and property address of a person who can be reached in the event of an emergency.
A. 
Any person, owner, lessee, tenant, occupant, builder or agent of any of the foregoing who violates or who is an accessory to the violations of this chapter shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000. Each day or part thereof, of such violation shall constitute a separate and distinct offense.
B. 
Building Department Personnel shall enforce the provisions of this chapter and are 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 or this chapter. Upon finding that any such condition or activity exists, Code Enforcement Personnel shall issue an order to remedy, or violation.
(1) 
The order of remedy or violation shall:
(a) 
Be in writing;
(b) 
Be dated and signed by Building Department Personnel;
(c) 
Specify the condition or activity that violates the Uniform Code or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code or this chapter which is/are violated by the specified condition or activity;
(e) 
Specify the period of time which Building Department Personnel deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
Building Department Personnel shall cause the order to remedy or violation, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail. Building Department Personnel shall be permitted, but not required, to cause the order of remedy or violation, 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/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C. 
Building Department Personnel are authorized to issue appearance tickets for any violation of this chapter.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.