Certain words and terms used in these regulations are defined, for the purposes thereof, as follows:
- BUILDING DIVISION
- 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.
- EMERGENCY PERSONNEL
- Any government official or fire, ambulance, police or emergency medical service personnel, while engaged in the actual legal performance of their duties.
- EMERGENCY SERVICES ADVISORY BOARD
- The advisory board established under the provisions of § 5-6 of Chapter 5, Building and Development, Department of.
- FIRE PREVENTION BUREAU
- The Fire Prevention Bureau (Division) of the Department of Building and Development.
- PUBLIC ASSEMBLY
- 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.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code.
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]
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.
Window schedule: show brand, type, square footage of clear glass and ventilation.
Elevations of all sides.
Sections through all areas.
Truss specifications with bracing schedule from design engineer.
Location and size of all headers and lintels.
Typical interior framing and finishes.
Compliance with New York State Energy Code.
Firestopping: materials and location.
Model and make for fireplace, furnace and water heater.
[Added 4-6-1998 by L.L. No. 2-1998]
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.
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.
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.
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.
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.
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.