[Adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 24 of the 1984 Code; amended in its entirety 4-4-2023 by L.L. No. 4-2023,
approved 4-17-2023]
The Common Council of the City of Kingston hereby accepts the
applicability of Chapter B of the New York State Uniform Fire Prevention
and Building Code for the City of Kingston in accordance with the
provisions of Article 18 of the Executive Law.
The City Clerk of the City of Kingston be and hereby is instructed
to file a certified copy of this article in the principal office of
the State Fire Prevention and Building Code Council and in the office
of the Secretary of State at Albany, New York.
[Adopted 3-6-2007 by L.L. No. 1-2007, approved 3-27-2007; amended in its entirety 4-4-2023 by L.L. No. 4-2023, approved 4-17-2023]
As used in this article, the following terms shall have the
meanings indicated:
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 permit issued pursuant to §
172-5 of this article. The term "building permit" shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the performance of work and shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this local law.
CERTIFICATE OF COMPLIANCE
Document issued by the City stating that work was done in
compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
Document issued by the City certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, the City,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
CITY
The City of Kingston.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Stretch Energy Code and those portions
of the New York State Energy Conservation Construction Code not amended
by NYS Stretch Code, as currently in effect and as hereafter amended
from time to time.
FCNYS
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.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
172-11 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to §
172-16A of this article, which is also known as a "compliance order."
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing firefighting services
for a property within this City shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this City shall be identified and addressed in accordance with the procedures established by Local Law No. 1 of 1989 (Ch.
178, Art.
I, in the Code of the City of Kingston), as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall 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 article,
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 to be 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 §
172-16, Violations and enforcement; penalties for offenses, of this article;
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 Common
Council of this City. 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 this article.
The Common Council of this City may, by resolution, authorize
the Mayor of this City to enter into an agreement, in the name of
this City, with other governments to carry out the terms of this article,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.
This local law shall take effect immediately upon filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.