This Common Council hereby finds and declares
that there exist in the City of Albany structures or premises used
for commercial, business or industrial use which are, or may become
in the future, substandard with respect to structure, equipment or
maintenance, or further that such conditions, including but not limited
to structural deterioration, lack of maintenance and appearance of
exterior of premises, infestation, plumbing, lack of maintenance or
upkeep of essential facilities and utilities, existence of the hazards,
inadequate provisions for light and air and insanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the City of Albany. It
is further found and declared that if the same are not curtailed and
removed, the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained, the growth of slums and blight may
be prevented, and the desirability and amenities of neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
This chapter shall be known as the "Commercial
Business and Industrial Building Condition and Use Code of the City
of Albany" and may be referred to in this chapter in the short form
as the "Commercial Code" or as "this code."
The scope of this chapter is as follows:
A.
Lots, plots or parcels of land in which commercial,
business or industrial buildings of mixed occupancy or accessory structures
may be or are located.
B.
Commercial, business or industrial buildings.
C.
Commercial, business or industrial occupancies in
buildings of mixed occupancy.
D.
Structures accessory to commercial, business or industrial
occupancies.
Every commercial, business or industrial establishment
and the premises on which it is situated in the City used or intended
to be used for commercial, business or industrial occupancy shall
comply with the provisions of this code, whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this code, and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building
or premises for the construction or repair of the building, or for
the installation or repair of equipment or facilities prior to the
effective date of this code. This code establishes minimum standards
for the initial and continued occupancy and use of all such buildings
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the building, equipment
or facilities contained therein.
A.
Except as provided in §§ 151-77C and 151-99, the provisions of this code shall supplement local laws, ordinances, codes or regulations. When a provision of this code is found to be inconsistent with any provision of a local law, ordinance, code or regulations, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.
B.
Notwithstanding the availability of other remedies for enforcement of the provisions contained in the Building Code, Plumbing Code, Electrical Code, Sanitary Code of the Albany County Health District and Zoning Ordinances of the City of Albany, the remedies and enforcement procedures as set forth in this code are made available to enforce the provisions of the aforesaid enumerated City codes and ordinances and shall be deemed cumulative to other procedures and remedies, subject, however, to the provisions of §§ 151-77C and 151-99 of this code.
C.
After the date of enactment hereof, all licenses and
permits shall be issued upon compliance with this code as well as
compliance with the ordinance under which such licenses and permits
are granted.
D.
No license or permit or other certification of compliance
with this code shall constitute a defense against any violation of
any other ordinance of the City applicable to any structure or premises,
nor shall any provision herein relieve any owner or operator from
complying with any such other provision or any official of the City
from forcing any such other provision.
If a chapter, part, provision, section, subdivision
or paragraph or term of this code shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall
not be deemed to invalidate the remaining chapters, parts, provisions,
sections, subdivisions, paragraphs or terms.
The following definitions shall be used in the
interpretation and construction of this code. Words used in the present
tense include the future; words used in the masculine gender include
the feminine and neuter; the singular number shall include the plural,
and the plural the singular; the word "shall" is mandatory and not
optional; the word "building," "structure" or "premises" includes
the words "or any part thereof." Words and terms used in this code
shall have the following meanings:
A structure, the use of which customarily is incidental to
that of a commercial, business or industrial building, and which is
located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a commercial, business or industrial
building.
Approved by the administrative officer under the regulations
of this code, or approved by an authority designated by law or this
code.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories, or
fixtures serving similar purposes. See definition of "toilet room."
Any structure having a roof supported by columns or walls,
either wholly or partially enclosed within exterior walls or within
exterior or party walls, intended to be used for the shelter or enclosure
of persons, animals or property.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, excessive
use or lack of maintenance.
A safe and unobstructed way of departure from the interior
of a building or structure to the exterior at street or grade, including
doorways, passageways, hallways, corridors, stairways, ramps, fire
escapes, and all other elements necessary for egress or escape.
Any premises, or any part thereof, or any building, or any
part thereof, which may be lawfully viewed by the public, or any member
thereof, from a sidewalk, street, alleyway, licensed open air parking
lot or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Control and elimination of insects, rodents and vermin by
eliminating their harborage places; by removing or poisoning, spraying,
fumigating or trapping; or by any other approved means of pest elimination.
The Fire Chief of the City of Albany.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service with the duty
and responsibility of preventing, suppressing, or extinguishing fire;
or which may obstruct, delay or hinder, or may become the cause of
an obstruction, a delay, a hazard or a hindrance to, the prevention,
suppression or extinguishment of fire.
The animal, vegetable and mineral waste resulting from handling,
preparation, cooking and consumption of food.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Commissioner of the Albany County Department of Health.
The presence of insects, rodents, birds, plants, vermin or
other pests on the premises which constitute a health or safety hazard.
Occupancy of a building in part for residential use, in part
for some other use not accessory thereto.
Any public nuisance known at common law or in
equity jurisprudence, or as provided by the statues of the State of
New York, or the ordinances of the City of Albany.
Any attractive nuisance which may prove detrimental
to the health or safety of children whether in a building, on the
premises of a building or upon an unoccupied lot. This includes, but
is not limited to, abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris or vegetation,
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the condition exists.
Insanitary conditions or anything offensive
to the senses or dangerous to health, in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
That person or persons charged and authorized by the owner
for specific responsibilities involving the care, maintenance and
operation of the building or premises.
That person or persons in whom is vested ownership, dominion
or title of property.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clotheswashing machines, catch basins,
vents and any other similar supplied fixtures, together with all connections
to water, sewer or gas lines, and water pipes and lines utilized in
conjunction with air-conditioning equipment.
Water which is approved for drinking, culinary, and domestic
purposes.
A lot, plot, or parcel of land, including the building or
structure thereon.
All combustible and noncombustible waste, except garbage.
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
A space between the level of one finished floor and the level
of the next higher finished floor or, if the top story, the space
between the level of the highest finished floor and the top of the
highest roof beams or, if the first story, the space between the level
of the finished floor and the finished ceiling immediately above;
for the purpose of measuring height by stories of structures erected
on or after July 1, 1952, one additional story shall be added for
each 12 feet or fraction thereof that the first story exceeds 15 feet
in height and for each 12 feet or fraction thereof that any story
above the first story exceeds 12 feet in height.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
That person or persons who is given possession of real estate
for a fixed period or at will.
Enclosed space, containing one or more water closets, and
one or more lavatories, which may also contain urinals, and other
plumbing fixtures. See definition of "bathroom."
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices, other than wind-driven.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
Deterioration, decay or damage caused by exposure to the
elements.
