The provisions of this article apply to the administration and enforcement of the Uniform Code and of this Part 2.
No provision of this Part 2 shall be construed
to require any change in, alteration of or addition to a legally existing
building or structure or the premises connected therewith, unless
specifically so stated.
[Amended 12-17-2012 by L.L. No. 2-2012]
The function of the Department of Buildings and Regulatory Compliance shall consist of, but not necessarily be limited to, the review of applications and plans for building permits and the imposition and collection of the requisite fees therefor, together with all aspects of permits, licenses and inspections involving electric, plumbing, heating, ventilating and air-conditioning (HVAC) installations, elevators and all other building construction and occupancy issues and requirements under this Code and state law. The Department shall assume and be vested with all powers and duties previously exercised and performed by the Division of Buildings and Code and/or the Bureau of Buildings as set forth and established in Chapter 20, together with those enumerated in this Chapter 133 (Building Construction) and Chapter 231 (Housing) of this Code.
[Added 12-17-2012 by L.L. No. 2-2012; amended 9-23-2014 by L.L. No.
1-2014]
A.
The
Commissioner shall be the head of the Department of Buildings and
Regulatory Compliance. The Commissioner shall be either a civil engineer
of not fewer than five years' experience in such profession or a licensed
attorney of not fewer than five years' experience handling matters
dealing with state and local building codes in addition to planning
and zoning laws and regulations or an architect, a general building
contractor or a person engaged in the supervision of building construction
with at least 10 years' actual experience in such profession or occupation.
The Commissioner shall be appointed by the Mayor and serve at his
or her pleasure.
B.
Whenever
a vacancy exists in the position of Commissioner of the Department
of Buildings and Regulatory Compliance, the Mayor may appoint a Director
of the Department, subject to the advice and consent of the Common
Council, who shall have the authority to perform all such acts as
are assigned to the Commissioner of the Department pursuant to the
City Code.
[Added 12-17-2012 by L.L. No. 2-2012]
Any and all powers, duties and references in state or local
law, rule or regulation to the Department of Buildings, Bureau of
Buildings, Superintendent of Building, Commissioner of Buildings,
Deputy Commissioner of Buildings and similar, like connotations and
terms shall be hereafter interpreted and are hereby amended to mean
and read "Department of Buildings and Regulatory Compliance," "Commissioner
of the Department of Buildings and Regulatory Compliance" or his designee.
A.
The Commissioner of Buildings shall faithfully execute
all provisions of the Uniform Code and of this Part 2. He shall have
the power to make and enforce such reasonable rules and regulations
to effectuate the provisions and intent of this Part 2. He shall have
the power to establish and enforce such reasonable rules and regulations
as may be necessary for the government of his Department.
B.
The Commissioner shall have the power to enter into
and examine all buildings, structures and property to see that the
provisions of this Part 2 are enforced. The Commissioner shall have
the final authority to determine the applicability of this Part 2
with respect to the construction, alteration, maintenance and repairs
to any building and shall have the authority to stop work and prohibit
the use of any material, machinery or equipment in violation of the
provisions of law or the ordinances of this City. The Commissioner
may cause to be made such tests as may be deemed necessary to determine
the safety of any building, structure, material, machinery or equipment
which it may become his duty to inspect.
The Commissioner of Buildings shall appoint
to hold office during his pleasure two Deputies and such other subordinates
as may be prescribed by the Board of Estimate and Apportionment. In
case of the inability of the Commissioner or of a vacancy in that
office, the most senior Deputy or vacancy in both offices, the second
Deputy Commissioner shall discharge the duties of the office until
the return of either the Commissioner or more senior Deputy.
The Commissioner shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours, pursuant to the provisions of the Freedom of Information
Law of the State of New York.[1]
[1]
Editor's Note: See Public Officers Law § 85
et seq.
The Commissioner may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
of the Police or Fire Department or officers, the Corporation Counsel
and all other department personnel.
A.
Personnel of the Department of Buildings empowered
to enter upon premises for inspection purposes shall be furnished
with suitable badges bearing the Seal of the City of Albany, which
shall be individually numbered. The badges shall be worn conspicuously
by said personnel during their hours of public service. Such badges
shall be returned to the Commissioner of Buildings upon an employee's
termination of employment with the Department.
B.
Additional forms of identification may be provided,
as prescribed by the Commissioner.
The Commissioner may determine that a building
is unsafe by reason of the condition of the building or premises,
including but not limited to structural instability in whole or in
part, failure, inoperability or absence of adequate sanitary waste
disposal, water supply, electrical, plumbing, heating and ventilating
systems or facilities, vermin and insect infestation or unsanitary,
dilapidated, decaying or overcrowded conditions.
A.
Whenever the Chief Building Official finds that a
violation of this Part 2 exists which, in their opinion, requires
immediate action to abate a direct hazard or an immediate danger to
the health, safety or welfare of the occupants of a building or of
the public, the Chief Building Official may, without prior notice
or hearing, take any action authorized herein which is reasonably
necessary to abate or remove the condition.
[Amended 7-8-2021 by L.L. No. 12-2021(G-2021)]
B.
Such action may include but is not limited to demolition
of the building or structure, vacating the occupants of the premises
and of surrounding premises, closing of public or private streets
or rights-of-way, termination of utility service, erection of barricades
and other protections and the performance of physical work on the
premises.
C.
Recovery of any cost incurred with respect to the
abatement of an emergency by the Chief Building Official shall take
place pursuant to the provisions of this Part 2, and the Chief Building
Official is hereby authorized and empowered to employ such labor and
furnish such materials and take such steps as in their judgment may
be necessary to make the building safe.
[Amended 1-7-2008 by Ord. No. 68.82.07; 7-8-2021 by L.L. No. 12-2021 (G-2021)]
D.
The value of the work done and the materials furnished
in doing said work, or any part thereof, under and by direction of
the Department of Buildings, as provided for in the last section,
shall, when properly certified by the Chief Building Official, be
audited and paid by the City in the same manner as other claims against
the City are audited and paid, and the amount so paid shall constitute
a debt recoverable from the owner and a lien upon the building and
lot, and upon the rents and other income thereof, and shall be collected
by the City from the owner of such property in the same manner as
taxes are collected, and the City may institute an action at law against
such owner, owners or occupants to recover the cost thereof. The remedy
by action at law shall be in addition to the right to assess the cost
as a lien against the property.
[Added 1-7-2008 by Ord. No. 68.82.07; amended 7-8-2021 by L.L. No. 12-2021 (G-2021)]
E.
Demolition of a landmark or property located within an historic district
shall only be used as a last resort when no other method will serve
to protect the occupants or the public from a direct hazard or immediate
danger. In the event that the Commissioner shall order a demolition
under this section to a landmark or property located within an historic
district, the Commissioner shall make a reasonable attempt to notify
the property owner prior to the demolition. The notification shall
in no way impair the ability of the Commissioner to demolish the building
or structure.
[Added 3-1-2021 by Ord.
No. 21.92.20]
F.
Whenever an action is taken or proposed to be taken under this section
in relation to a landmark or property within an historic district,
the Commissioner shall provide timely notification of the order for
such action to members of the Historic Resources Commission. At the
earliest time possible, and to the extent practicable, the Commissioner
shall additionally provide the following information related to the
emergency action:
[Added 3-1-2021 by Ord.
No. 21.92.20]
(1)
A description of the premises;
(2)
A structural engineering report, which shall include a statement
of the particulars in which the condition of the building or structure
represents a serious and imminent threat to public health and safety
and whether there is any reasonable alternative to the immediate demolition
of the building or structure which would protect public health and
safety;
(3)
A detailed statement of all work to be done to comply with the order;
(4)
A timetable for completion of all phases and aspects of the work;
(5)
A site plan of the property or map indicating the area of the proposed
stabilization or demolition showing all affected buildings and/or
structures on the site;
(6)
Photographs of existing conditions, including any building facades
and architectural features visible from the public right-of-way, as
well as photographs of the adjacent parcels. Photographs should be
digital (minimum 10 megapixel resolution), clear, and include overall
photographs as well as close-up photographs of significant exterior
architectural elements;
(7)
Prior code violations and building maintenance history, to the extent
such information is available; and
(8)
A description of any salvageable historic materials within or on
the building structure to be demolished, to the extent such information
is available.
