This chapter shall be known as "Fire Prevention and Building
Construction."
It is the intent of the Town Board of the Town of Queensbury
through adoption of this chapter to continue to provide for the administration
and enforcement of the provisions of the Uniform Code and Energy Code
of the State of New York.
In this chapter, the following terms shall have the meanings
set forth in this section:
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. 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 Town of Queensbury stating that
work was done in compliance with approved construction documents and
the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town of Queensbury certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to and approved by
the Town of Queensbury and indicating that the building or structure,
or portion thereof, is in a condition suitable for occupancy.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
88B-5 of this chapter. When exercising his/her authority under §
88B-5C, this term shall also include the Fire Marshal and/or Deputy Fire Marshals appointed by the Town Board.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer and all Inspectors and, in certain
circumstances, the Fire Marshal and all Deputy Fire Marshals.
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.
OPERATING PERMIT
A permit issued pursuant to §
88B-12 of this chapter and shall include any 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.
TOWN
The Town of Queensbury.
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.
The provisions of this chapter relating to maintenance, housekeeping
and behavior regulations so as to protect life and property against
the hazards of fire, explosion and the release of toxic gases arising
from the storage, handling or use of combustible or hazardous substances,
materials or devices shall apply equally to new and existing buildings
and conditions.
The chief of any fire department providing firefighting services
for a property within the Town of Queensbury shall promptly notify
the Code Enforcement Officer and Town Fire Marshal of any fire or
explosion involving any structural damage, fuel-burning appliance,
chimney or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Town of Queensbury shall be identified and addressed in accordance with the procedures established by Chapter
60 of the Town Code of the Town of Queensbury.
The Code Enforcement Officer shall have the power and authority
to 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 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 §
88B-19 (Violations) 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 Town
Board of the Town of Queensbury. 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, fire safety
and property maintenance inspections and other actions of the Code
Enforcement Officer described in or contemplated by Chapter.
The Town Board of the Town of Queensbury may, by resolution,
authorize the Town Supervisor to enter into an agreement in the name
of the Town of Queensbury with any 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 12-3 of Title
19 of the NYCRR or any other applicable law.