Certain words and terms used in these regulations
are defined, for the purposes thereof, as follows:
The Building Division of the Department of Building and Development.
The Department of Building and Development of the Town of Clifton Park as established by Chapter 5, Building and Development, Department of, as amended.
The Director of the Department of Building and Development, more specifically defined in Chapter 5, Building and Development, Department of, as amended.
Any government official or fire, ambulance, police or emergency
medical service personnel, while engaged in the actual legal performance
of their duties.
The Fire Prevention Bureau (Division) of the Department of
Building and Development.
An area of "public assembly" includes a building or portion
of a building used for gathering together 50 or more persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes, the entire fire
area of which it is a part and means of egress therefrom.
The New York State Uniform Fire Prevention and Building Code.
A.
All site and subdivision plans required under Article XVI of Chapter 208, Zoning, as amended, must be reviewed and approved in writing to ensure compliance with the fire prevention portions of the Uniform Code and these regulations, including but not limited to accessibility for fire apparatus and adequate water supply, prior to final action by the Planning Board/Department. This review will be accomplished by the Director, the Chief of the Fire Prevention Bureau or, if necessary, any other code enforcement officer appropriately qualified in modern methods of fire prevention and fire fighting.
[Amended 6-28-1993 by L.L. No. 11-1993]
B.
Residential house plans submitted for review must
contain the following requirements in addition to standard engineering
requirements normally found on all plans. Any omission of these requirements
can result in a disapproval of such plans.
(1)
Window schedule: show brand, type, square footage
of clear glass and ventilation.
(3)
Elevations of all sides.
(4)
Sections through all areas.
(5)
Truss specifications with bracing schedule from design
engineer.
(6)
Location and size of all headers and lintels.
(7)
Typical interior framing and finishes.
(8)
Compliance with New York State Energy Code.
(9)
Firestopping: materials and location.
(10)
Model and make for fireplace, furnace and water heater.
[Added 4-6-1998 by L.L. No. 2-1998]
C.
Coordination. One copy of all site and subdivision
plans, as well as all plans for commercial, industrial, mercantile
and storage establishments, all public buildings, all places of assembly,
multiple residences, dwellings for more than one family having a party
wall (such as condominiums and townhouses), professional office occupancies,
institutional occupancies and educational occupancies, such as public
and private schools, nursery schools and day-care centers, when submitted
to the Department for review, shall be provided to the appropriate
fire districts and emergency medical services for the purposes of
review and preemergency planning.
All changes of tenancy in all nonresidential
buildings require a permit and either a certificate of occupancy or
a certificate of tenancy as shown below.
A.
Construction. If any construction or alteration is
planned, a building permit and certificate of occupancy for that space
will be required before the space can be occupied. For a new building,
the owner will apply for a building permit for the building shell
to include general public areas. Each individual tenant will then
get a permit and certificate of occupancy for his space prior to occupying
that space.
B.
No construction/alteration. If absolutely no construction
or alteration is to be accomplished, then a tenancy permit will be
issued. The space may then be occupied. Within three business days
after occupying the space, the occupant must request an inspection
from the Department, and, when such an inspection is passed, a certificate
of tenancy will be issued.
Certificates of occupancy or tenancy for all
nonresidential space must be displayed in a prominent location where
an inspector on a routine inspection can observe them. This applies
to both tenant certificates and owner certificates for the building
shell and public areas.
Valid complaints will be investigated by the
Department. A valid complaint is one which is received in writing
and which identifies the complainant to the Department. All life-threatening
situations will be investigated as soon as possible.
[Amended 10-17-1994 by L.L. No. 8-1994]
The Director, Senior Building Inspector, Chief
of the Fire Prevention Bureau, Building Inspector, Assistant Building
Inspectors, Code Enforcement Officers, Zoning Inspector, Fire Code
Enforcement Officers, town security officers and parking enforcement
aides shall have the special authority to serve appearance tickets
pursuant to § 150.20, Subdivision 3, of the Criminal Procedure
Law.
A.
Decisions or determinations by the Director or his duly appointed representative(s) made in carrying out the provisions of these regulations are subject to administrative review, either by the Zoning Board of Appeals as provided in § 208-109 of Chapter 208, Zoning, as amended, or the Fire Prevention Appeals Board established by these regulations. Notwithstanding the above, variances and appeals from any provision of the Uniform Code can only be granted by a Regional Board of Review established under 19 NYCRR 440. The authority of the Town Zoning Board of Appeals or the Fire Prevention Appeals Board is strictly limited to local procedures and determinations or local conditions outside the purview of the Uniform Code.
B.
Any appeal of a decision or determination related to Article II, Fire Prevention, of these regulations shall first be sent to the Emergency Services Advisory Board and the appropriate fire districts for their respective advice and counsel to be provided to the Zoning Board of Appeals or the Fire Prevention Appeals Board, that determination to be made by the Director or his assigned representative(s). The appropriate fire districts shall be notified of all proceedings dealing with such appeals and shall be notified, in writing, of the decision of the Zoning Board of Appeals or the Fire Prevention Appeals Board on such matters.
C.
The Fire Prevention Appeals Board of the Town of Clifton
Park is hereby established. The Board shall consist of a Chairman
and six members. The Board and the Chairman shall be appointed by
the Town Board. All members of the Board shall be residents of the
Town of Clifton Park. All members, including the Chairman, shall be
appointed for terms of three years. The Town Board shall seek recommendations
for appointments to the Fire Prevention Appeals Board from the Emergency
Services Advisory Board. All reappointments shall be for three-year
terms. The Fire Prevention Appeals Board shall have the power to grant
variances from the fire prevention section of the building and fire
prevention regulations of the Town of Clifton Park and shall function
as an appeals board in accordance with this section.
Except as provided in § 73-2A above, duties of Department personnel will be as delineated in their respective job descriptions and as assigned by the Director. These duties shall be commensurate with the respective level of training and experience of each individual and in furtherance of the basic mission of code enforcement and will be performed under the direction and supervision of the Director.
