[HISTORY: Adopted by the Common Council of the City of Lockport 5-8-1963. Sections 68-9A, 68-9E and 68-17 amended during codification; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 66.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION FOR DEMOLITION
The application for a permit to demolish a building or structure.
BASEMENT
That portion of a building that is partly below grade and which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BUILDING
A combination of any materials, whether portable or fixed, as a structure wholly or partially enclosed within exterior walls or within exterior or party walls and having a roof, affording shelter to persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof."
CELLAR
That portion of a building that is partly or entirely below grade, which has more than half its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
DEMOLITION AND DEMOLISH
The alteration of an existing building or structure, the purpose of such alteration being the discontinuance of the existing building or structure or a portion thereof. "Demolition" shall not include the repairing, remodeling or extending of an existing building or structure where such is incidental to the improvement of that building or structure and the primary intent is shown to be that of repairing, remodeling or extending the existing building or structure.
DEMOLITION PERMIT
The permit for demolition of existing building or structure.
LOCATION
The actual confines of the demolition. The "location" as described in the application for permit and as approved by the Building Inspector therein shall be the only area approved for the demolition.
PUBLIC WAY
A street, alley, sidewalk or other thoroughfare or easement permanently established for passage of persons or vehicles. The term "public way" shall be construed, when used herein, as though followed by the words "or part thereof."
STRUCTURE
A combination of materials, other than a building, to form a construction that is safe and stable, and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.
No person shall demolish an existing building or structure within the City without first obtaining a demolition permit, signed by the Building Inspector, allowing such demolition.
The applicant, who shall be the owner or authorized agent of the owner of the location affected, shall file with the Building Inspector an application for a permit to demolish a building or structure, substantially in the following form:
OFFICE OF THE BUILDING INSPECTOR
Lockport, N.Y.
APPLICATION FOR PERMIT TO DEMOLISH BUILDING OR STRUCTURE
Application is hereby made for a permit to demolish a building or structure as described herein. The information which follows, together with the diagram attached, is made as a part of the application for permit.
Type of building or structure to be demolished _______________
Location __________ Owner__________
Size: Width __________ Length__________
Height__________ Material__________
Any party walls? __________ Is any adjacent property affected? __________
Reason for removal, or use of property __________
Basement or cellar to be filled in and graded? __________
_________________________
Are public ways involved? __________ An application must be made for permit to use any portion of public way and approval granted in writing.
Insurance __________ (Required where use of public way in involved.)
Public liability policy No. __________
Company __________ Agent __________
Property damaged policy No. __________
Company __________ Agent __________
Performance bond No. __________
Company __________ Agent __________
Cutoff of unused sewer and water services at street mains is to be done in accordance with § C-370A of the City Charter. An application for street opening must be filed with this application.
Name of applicant for street opening permit __________
Street opening bond No. __________
Company __________ Agent __________
Estimated completion date __________
It is understood and agreed by this applicant that any error, misstatement or misrepresentation of material fact or expression of material fact, either with or without intention on the part of this applicant, such as might or would operate to cause a refusal of this application, or any change in the proposed work or manner of accomplishing the same without the approval of the Building Inspector, shall constitute sufficient ground for the revocation of such permit and for taking such legal action as may be appropriate to enforce the provisions of the Building Code and demolition regulation of the City of Lockport, New York, and Rule 23 of the New York State Industrial Code.
I hereby subscribe to the accuracy of the above statements.
Fee paid $_____ Date _____
Signed _____
Above application for a permit to demolish the building or structure described above is hereby approved.
Date _____
______________________
Building Inspector
A. 
An application fee, in accordance with the following schedule, shall be deposited with the Building Inspector at the time of filing the application for demolition. All fees shall be deposited in the general fund of the City:
(1) 
For accessory buildings or structures, such as detached private garages, toolsheds, workshops, playhouses, barns not over two stories high, with no sewer or water facilities and not exceeding 600 square feet in area: $2.
(2) 
For a portion of a building or structure, such as an ell, wing, lean-to, bay window, porch, dormer or other designation not exceeding 25% of the total building: $2.
(3) 
For any principal building or structure on a lot, including any additions, portions or projections of any description: $5.
B. 
This fee may include both principal and accessory buildings and structures to be removed at the same time.
C. 
The fee shall be considered an application fee and is not returnable in the event the permit is denied.
In the event that a demolition permit is granted to the applicant, the permit shall refer to this chapter and shall read, in form, as follows:
PERMIT FOR DEMOLITION OF EXISTING BUILDING OR STRUCTURE
Permission is hereby granted to __________, whose residence or principal place of business is __________, to proceed as set forth and represented in an application for demolition which is on file with the Building Inspector, and at the particular location therein described which is known as __________, in accordance with details of work hereto attached and pursuant to Chapter 68 of the Code of the City of Lockport and any special conditions hereinafter set forth, all forming a part hereof, to wit:
SPECIAL CONDITIONS
Dated __________ Lockport, New York
Building Inspector, by __________
In consideration of the granting of the within demolition permit, the undersigned hereby accepts the same, subject to the restrictions and regulations therein described.
Dated __________ Lockport, New York
Applicant ____________________
Work under a demolition permit shall be commenced within 10 days from date of issuance of the permit and shall be continued in an expeditious manner and completed within the time indicated upon the application for demolition, unless an extension of this period is approved by the Building Inspector or his authorized representative. The estimated time for completion of the work authorized shall not exceed 60 days from the granting of the permit. Demolition performed pursuant to contract with the City of Lockport may be authorized for a period not to exceed 120 days. The completion date may be extended by a written statement of the Building Inspector stating the reasons therefor and setting a new completion date.
All locations shall be approved by the Building Inspector or his representative. The location shall not exceed that set forth in the application for demolition and demolition permit. The area used by the permittee for work under the permit, which shall include the storage of salvaged materials, machinery and debris, shall not exceed the location as determined and approved in the application for demolition and demolition permit.
A. 
Application for permit to close. In the event that the location as approved by the Building Inspector shall include a public way within the City of Lockport, the applicant, at the time of filing the application for demolition, shall file with the Building Inspector an application to close off a public way, in form as follows[1]:
APPLICATION TO CLOSE OFF PUBLIC WAY
Permission is hereby requested to close off space __________ (width), (length) on __________ (public way) in __________ (front, rear or side) of premises located on the __________ side of __________ Street for the following purpose:__________.
Permission is requested for __________ days from __________ 20 _____ to __________ 20 _____.
Public liability policy __________ (policy No.), (company), (expires).
Property damage __________ (policy No.) (company), (expires).
Signed __________
NOTE: Public liability minimum must be $100,000/$300,000 coverage, and property damage, $100,000/$300,000. An insurance company rider must be furnished co-insuring the City of Lockport for the length of time permit is requested and must be approved by the Corporation Counsel.
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
B. 
Permit required. In the event that the location as approved by the Building Inspector shall include a portion of a public way within the City, the permittee shall not demolish any building or structure within the location without first obtaining a permit to close off a public way, approved by the Building Inspector and Superintendent of Streets and bearing their signatures, allowing such closing of a public way.
C. 
Issuance of permit.
(1) 
The Building Inspector and Superintendent of Streets shall jointly review the application to close off a public way and either grant or deny a permit. The permit to close off a public way shall issue only upon the approval of both the Building Inspector and the Superintendent of Streets, which approval shall be evidenced by their written signatures upon a permit to close off a public way. The written approval of the Building Inspector and the Superintendent of Streets, so evidenced, shall be suffient authority to allow the closing of a public way, notwithstanding the provisions contained in Chapter 158, Streets and Sidewalks, Article I, of this Code.
(2) 
Upon approval of an application, a written permit to close off a public way shall be issued to the applicant, signed by both the Superintendent of Streets and the Building Inspector, and shall be in a form substantially as follows:
PERMIT TO CLOSE OFF A PUBLIC WAY
Permission is hereby granted to close off a __________ space on the __________ of premises located on the __________ side of __________ Street for the following purpose: ____________________
This permit is conditional upon the grantee adhering in full to the following requirements: __________ and is valid to and including __________ 20 __________
__________
Building Inspector
__________
Superintendent of Streets
D. 
Protection of public. In the event that the location as approved by the Building Inspector shall include a public way within the City of Lockport, the permittee shall erect and maintain suitable guardrails or barricades for the protection of the public where the location extends over the public way. All such guardrails and barricades shall be lighted by flares or red or amber lights during all hours of darkness.
E. 
Liability bond. Unless expressly waived by the Building Inspector, the applicant shall furnish with the application to close off a public way a policy of protective liability insurance, issued to and covering the liability of the City of Lockport with respect to all operations under the permits herein, insofar as they allow operations upon a public way maintained by the City of Lockport, by the permittee or anyone acting by, through or for the permittee, including omissions and supervisory acts of the City. The limits of the liability on such policy shall be not less than $100,000/$300,000 for bodily injuries and $100,000/$300,000 for property damage.[2]
[2]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
A. 
Information. The applicant shall inform the Building Inspector at the time of filing the application for demolition if the building or structure is serviced by sewer or water facilities connected to those maintained by the City of Lockport.
B. 
Discontinuance. In the event that the building or structure to be demolished is serviced by sewer or water facilities and it is the intent of the permittee, as shown by the application to demolish, to cause the location, for any period, to be vacant of buildings or structures which could utilize such facilities, then the sewer and/or water services shall be terminated at the junction of the service with the City main, in accordance with § C-370A of the Charter of the City of Lockport and the plumbing regulations of the City of Lockport.[1]
[1]
Editor's Note: See Ch. A192, Plumbing Rules and Regulations.
C. 
Continuance. The Building Inspector may allow the permittee to terminate such sewer or water service at a point other than the aforementioned junction upon a showing by the permittee that it is his intent to cause a building or structure to be erected upon the location within a reasonable time which will require these services, or upon a showing that the structure remaining after demolition will require these services.
D. 
Deposit, continuing service. The Building Inspector shall require of the permittee, prior to the giving of a consent set forth in Subsection C, a bond or certified check of not less than $200 nor more than $500 which shall provide that in the event that upon the completion date set forth in the demolition permit, or as extended, the Building Inspector shall find that no building or structure is in the process of being erected upon the location, or the building or structure then existing does not require the sewer and/or water facilities then existing, then the City of Lockport shall be authorized to cut off such services at their junction with the City main, and the expense thereof shall be paid from such bond or certified check.
Upon completion of all work set forth in the aforementioned applications and permits, and upon determination by the officials of the City of Lockport that all requirements of this chapter and all applicable codes, statutes, rules and regulations have been complied with in all respects, a certificate of completion shall be issued to the permittee, and any bond or deposit of funds required shall be returned to the permittee. The certificate of completion shall read substantially as follows:
CERTIFICATE OF COMPLETION OF DEMOLITION
This certificate declares that of this date the demolition of __________ located at __________ and done under permit No. _____ dated __________ has been satisfactorily completed.
Inspected for compliance with Plumbing Code and rules and regulations set forth in permit and for compliance with regulations and conditions affecting sewer and water services.
____________________
Plumbing Inspector
Inspected for compliance with regulations and conditions affecting streets and thoroughfares and public ways.
____________________
Superintendent of Streets
Inspected for compliance with regulations and conditions affecting demolition of structures.
____________________
Building Inspector
Dated at Lockport, New York __________
A. 
The demolition contractor and the owner shall be required to provide and maintain such protectives as are herein specified, in addition to and not in the place of the requirements of Rule No. 23 of the Industrial Code, New York State Department of Labor.
B. 
The location upon which demolition is to be affected and upon which salvaged material may fall or be stored and which shall be used for equipment or handling of materials shall be protected in such manner as may be necessary to prevent intrusion by unauthorized persons.
C. 
Open excavations for basements, cellars, service trenches, piers, footings and foundation walls shall be adequately protected, of more than 24 inches in depth, either by barricades or protective covering.
D. 
The Building Inspector shall consider the type or kind of material proposed to be used by the contractor or owner to effect the protection required in Subsections B and C above and may approve or disapprove the same. He shall direct the contractor and owner to use satisfactory materials in an approved manner.
(1) 
Satisfactory materials for vertical barricades may be of woven wood lath, such as snow fence, or of steel wire, either woven or welded, with a minimum of four-by-six-inch open weave, not less than 42 inches in height, supported by driven stakes not over 12 feet apart, or of other materials affording equal or greater protection.
(2) 
Satisfactory materials for trench excavations may be of not less than two-by-eight-inch lumber supported by and secured to two-by-six-inch supports across the trench at intervals of not less than eight feet apart, or by steel plates not less than 1/2 inch in thickness.
E. 
All glass shall be removed from the building prior to the start of demolition, then removed from the location at once or stored and protected by a secure covering of three-fourths-inch-thick lumber or the equivalent.
F. 
All metals with cutting edges, such as metal roofing, metal flashings, metal siding, metal pipes or ducts, shall be removed from the location without delay or may be permitted to remain only if so protected or arranged as to present no hazard.
G. 
Materials removed in the process of demolition shall be so placed and arranged as to prevent any collapse of a pile of such material. Protruding nails, spikes and bolts shall be removed or bent over flush with the surface of the material in which they are embedded. Assemblies of material, such as window frames, door frames, staircases and sections or panels, shall be laid flat or so braced, if left on edge, as to prevent falling.
H. 
All protectives required by this chapter shall remain in place as long as demolition is taking place or any hazardous condition exists, being removed only as necessary and for the time required for progress of the work.
I. 
In addition to the protectives required, during all hours of darkness any excavations, stored materials, piles of debris and/or equipment shall be lighted with lanterns, flares, flashers or other warning devices if within 10 feet of any public way. Such lighting shall not be required if a solid board fence is erected along the public way.
J. 
An appropriate placard, provided by the Building Inspector, shall be posted prominently upon the location, building or enclosing barricade and shall remain in place until its removal is directed by the Building Inspector and shall be in form as follows:
THIS BUILDING IS IN PROCESS OF DEMOLITION
Such demolition has been approved by the City of Lockport, New York, and a permit issued therefor.
WARNING
Only those persons authorized by the provisions of Lockport Municipal Code regulating demolitions are permitted to enter a protected area of demolition.
K. 
For the purposes of this chapter, authorized personnel shall be the owner, the contractor and his employees and subcontractors and employees actually engaged in the work of demolition; the employees of any utility engaged in performing any work connected with any service facilities; the Building Inspector or his authorized representative or any other engineer, inspector or duly appointed representative of the City; the representatives of the New York State Department of Labor serving in their respective capacities; any other person or persons who may have been granted temporary permission by the Building Inspector; and any person who for just reasons may accompany any of the aforementioned authorized persons.
The permittee shall, prior to the issuance of a certificate of completion, cause all cellars and basements of demolished buildings or structures to be filled in and made safe by filling such basement or cellar with noncombustible materials and causing the surface of the location to be on a level with the surrounding premises. No materials will be permitted as fill which may corrode, rot, decay or collapse. All barricades, guardrails and temporary structures erected during demolition shall be removed prior to the issuance of a certificate of completion.
In the event that the owner refuses or neglects to fill in and make safe such cellar or basement, or refuses or neglects to dismantle and remove any barricades, guardrails or temporary structures erected during demolition, the City of Lockport may do the necessary work involved, either with City employees or outside contractors, and the cost of making the location safe shall be assessed against such property and shall be a lien thereon, as well as a claim against the owner of such property. The Building Inspector may institute a suit to recover such costs against the permittee.
The Building Inspector reserves the right, at any time, to revoke or annul a demolition permit should the permittee fail to comply with the terms and conditions upon which it was granted.
The enumeration in a permit of the kind and amount of insurance shall not abridge, diminish or affect the permittee's legal responsibilities for the consequences of accidents arising out of or resulting from the operations of the permittee under this permit.
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Amended during codification; see Ch. I, General Provisions, Art. II.