[HISTORY: Adopted by the Town Board of the Town of Niskayuna 5-11-2017 by L.L. No. 6-2017. Amendments noted where applicable.]
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) in the Town of Niskayuna. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
This code is designed to supplement and expand upon the requirements of the New York State Uniform Fire Prevention and Building Code. Should there be any discrepancy between this code and the New York State Uniform Code, the more restrictive provision shall apply.
The Fire Chief or any inspector duly authorized to conduct firesafety inspections may, at all reasonable hours, enter any building or premises, vehicle or conveyance, within the Town of Niskayuna, for the purpose of making any inspection or investigation which he or she or they may deem necessary to be made under the provisions of this chapter.
Inspections required. The Code Enforcement Officer, or any properly certified fire inspector designated by the Town of Niskayuna, shall perform firesafety inspections of buildings and structures at the following intervals:
Firesafety inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
Inspections permitted. In addition to the inspections required by this section, a firesafety inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by a fire inspector or a properly certified designee at any time upon:
The request of the owner of the property to be inspected or an authorized agent of such owner;
Receipt by the code enforcement official or designee of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
Receipt by the code enforcement official or designee of any other information, reasonably believed to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
It shall be unlawful for a person to prohibit or impede the Code Enforcement Officer, or properly certified fire inspector designated by the Town of Niskayuna, from effectuating a firesafety inspection pursuant to this chapter.
Fees. The fee specified in or determined in accordance with the provisions set forth in § 105-5, Fees, of this chapter shall be invoiced to the business owner and/or property owner as applicable. Thereupon, the Town of Niskayuna shall mail an invoice to said owner or operator to pay such cost, which shall become due and payable within 30 days from the mailing. If such cost is not paid within such time and interest is not paid by December 31 of the year in which it is incurred, such cost and interest, with a late fee of 20% of the total bill, shall be added to the Town tax chargeable to said property and shall be collected in the manner as any unpaid Town tax. This subsection shall not be applicable to any properties within Fire District No. 1.
Every person convicted of an offense against this code shall be punishable by a fine of not more than $500 or by imprisonment for not more than 60 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
Appropriate actions and proceedings may be taken at law or in equity by the Building Inspector or the Town Board to correct or abate a violation or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to any penalties or actions prescribed in this chapter.
A fee schedule shall be established by resolution of the Town Board of the Town of Niskayuna. 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 firesafety inspections, and other actions of the Code Enforcement Officer, or Town-approved designee described in or contemplated by this chapter.
The Town Board of the Town of Niskayuna may, by resolution, authorize the Town Supervisor of this Town to enter into an agreement, in the name of the Town, with other governments or entities to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code or any other applicable law.
The Town of Niskayuna shall not be liable under this Code for any damage to persons or property by reason of the inspection or reinspection of buildings, structures or equipment authorized herein or the failure to inspect or reinspect such buildings, structures or equipment or by reason of the approval or disapproval of any building, structure or equipment authorized herein.