It is the purpose of this chapter to establish,
pursuant to Article 3-A of the Town Law, a new department entitled
"Department of Building and Development" in order to provide effective
and efficient administration and enforcement of laws relating to zoning,
fire prevention and building construction.
The Department of Building and Development of
the Town of Clifton Park is hereby established.
[Amended 9-21-1987 by L.L. No. 9-1987; 4-18-1988 by L.L. No. 4-1988; 4-6-1998 by L.L. No. 2-1998]
A. Department head. The head of the Department of Building and Development shall be known as the "Director of Building and Development," hereafter in Chapter
5 referred to as "the Director," and shall be appointed by the Town Board, and serve at the pleasure of the Town Board.
[Amended 12-12-2022 by L.L. No. 3-2022]
D. Salary. The salary of the Director shall be determined
in the same manner as is provided in the annual budget for the salaries
of other town officers.
[Amended 12-12-2022 by L.L. No. 3-2022]
E. Duties and authority.
(1) The Director shall be the principal executive officer
of the Department.
[Amended 12-12-2022 by L.L. No. 3-2022]
(2) The Director shall have the duty to oversee the enforcement,
administration of and compliance with the laws relating to zoning,
firesafety, fire prevention and building construction, including but
not limited to Local Law No. 2-1967, entitled "A Local Law Relating
to Zoning for the Town of Clifton Park," as amended or as may be amended; Local Law No. 24-1975, entitled "A Local Law adopting
a Fire Prevention Code, prescribing regulations governing conditions
hazardous to life and property from fire and explosion and establishing
a Bureau of Fire Prevention and providing officers therefor and defining
their powers and duties," as amended or as may be amended; and the New York State Uniform Fire Prevention and Building
Code Act, as amended or as may be amended.
(3) The Director shall be subject to the supervision and
direction of the Town Board and the Town Supervisor.
[Amended 12-12-2022 by L.L. No. 3-2022]
[Amended 4-6-1998 by L.L. No. 2-1998; 12-12-2022 by L.L. No.
3-2022]
The Department of Building and Development shall
consist of the Bureau of Fire Prevention, and the Building Department
and the Bureau of Zoning Administration.
A. Bureau of Fire Prevention. The Bureau of Fire Prevention,
heretofore established pursuant to Local Law No. 24-1975, shall continue,
except that the Chief of the Bureau of Fire Prevention shall be subject
to the supervision and direction of the Director of Building and Development
and to the Town Supervisor; and to the extent that Section 2(c) of
Local Law No. 24-1975 is inconsistent herewith, it is repealed.
B. Building and Development Department.
(1) The Department of Building and Development shall consist
of a Senior Building Inspectors, Code Enforcement Officers, and such
deputy building inspectors, administrative staff, and clerks as the
Town Board may appoint.
(2) The Senior Building Inspectors, Code Enforcement Officers
and deputies, administrative staff, and clerks shall be subject to
the supervision and direction of the Director of the Department.
[Amended 4-18-1988 by L.L. No. 4-1988; 4-6-1998 by L.L. No. 2-1998; 12-12-2022 by L.L. No. 3-2022]
The Director, the Chief of the Bureau of Fire
Prevention, the Senior Building Inspector, and deputies thereto and
clerks thereto shall he appointed by the Town Board on the basis of
a civil service competitive examination and shall not be removed except
in accordance with the Civil Service Law of the State of New York.
[Added 3-6-1989 by L.L. No. 7-1989; amended 12-16-1996 by L.L. No. 13-1996; 4-6-1998 by L.L. No. 2-1998; 8-6-2018 by L.L. No. 4-2018; 12-12-2022 by L.L. No. 3-2022]
The Emergency Services Advisory Board (ESAB)
of the Town of Clifton Park is hereby established. The Board shall
consist of one member from each of the six fire districts and one
member from each of the ambulance corps in the Town of Clifton Park
and a Chairman appointed at large. The members shall be appointed
by the Town Board as follows upon December 31: two members shall be
appointed for one year, two members shall be appointed for two years,
and two members shall be appointed for three years. All reappointments
or subsequent appointments shall be for three-year terms. The Town
Board shall seek recommendations for appointments to the Emergency
Services Advisory Board from the respective fire district officials
and ambulance services. The Emergency Services Advisory Board shall
consider matters concerning fire prevention and protection on a town-wide
basis. It shall make recommendations concerning these matters to the
Director and the Town Board. The Advisory Board shall meet at least
every three months at the direction of the Chairman or more often,
at the call of the Chair, if necessary. The Town Board may seek the
advice of the Emergency Services Advisory Board when considering candidates
for the position of Chief of the Bureau of Fire Prevention.
[Added 3-6-1989 by L.L No. 7-1989; amended 12-12-2022 by L.L. No.
3-2022]
The Town Board may adopt such further rules
and regulations as it deems necessary to carry out the provisions
of this chapter. The Town Board shall consider recommendations of
the Director regarding such rules and regulations, and the adoption,
amendment or repeal thereof, as relate to efficient administration
and enforcement of the provisions of the New York State Uniform Fire
Prevention and Building Code. Such proposed rules and regulations
shall not conflict with the Uniform Code, any local law or any other
provision of law.