Town of Queensbury, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Queensbury 8-20-1990 by L.L. No. 10-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 60.
Electrical standards — See Ch. 80.
Fire Hydrants — See Ch. 85.
Construction in flood hazard areas — See Ch. 91.
Freshwater wetlands — See Ch. 94.
Review of building permit applications — See Ch. 105.
Mobile homes — See Ch. 113.
Stormwater management — See Ch. 147.
Zoning — See Ch. 179.
Subdivision of land — See Ch. A183.
[Amended 11-4-2002 by L.L. No. 5-2002]
This chapter shall be known as "A Local Law Providing for the Administration and Enforcement of the Building Code of New York State and Related Laws, Codes, Ordinances and Regulations."
It is the intent of this chapter to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to:
A. 
The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures, appurtenances and property located in the Town of Queensbury.
[Amended 4-1-1991 by L.L. No. 3-1991]
B. 
Fire prevention and firesafety regulations, consistent with nationally recognized good practice, for the safeguarding of life and property from the hazards of fire and explosions arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.
[Amended 11-4-2002 by L.L. No. 5-2002; 5-16-2005 by L.L. No. 2-2005; 6-4-2007 by L.L. No. 2-2007[1]]
The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code (henceforth collectively referred to as the "Building Code" or the "Uniform Code"), if any, and all subsequent amendments thereto. In the event of conflict between the Uniform Code and the Town Code, the more stringent standard shall apply.
[1]
Editor's Note: Section 1 of this local law, Purpose and intent, stated that it provides for updates and amendments to Chapter 88 of the Code of the Town of Queensbury, titled "Fire Prevention and Building Construction." These updates are made in accordance with recent changes to New York State laws and regulations related to the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York (the Uniform Code). This local law 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 local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this local law and Chapter 88 of the Code of the Town of Queensbury.
A. 
The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment of the department to be known as the "Department of Building and Code Enforcement," hereinafter referred to as "Department."
B. 
Purpose. The purpose of this Department is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town, with the exception of administration and enforcement of Chapter 179, Zoning, Chapter A183, Subdivision of Land, and Chapter 140, Signs, of the Code of the Town of Queensbury, which shall be administered and enforced by an officer or employee who is designated by the Town Board of the Town of Queensbury as the Zoning Administrator, as provided for herein. The Department of Building and Codes shall continue to be charged with the duty to enforce said Chapter 179, Zoning, Chapter A183, Subdivision of Land, and Chapter 140, Signs, but shall not otherwise assume the duties assigned to the Zoning Administrator, other than as expressly set forth herein. Nothing herein shall be deemed to prevent the assignment or delegation of the duties, responsibilities and/or authority of the Zoning Administrator to any officer or employee of the Department of Building and Codes.
[Amended 4-1-1991 by L.L. No. 3-1991; 7-15-1992 by L.L. No. 7-1992; 8-31-1992 by L.L. No. 9-1992]
C. 
Personnel.
(1) 
Director of Building and Code Enforcement. The Department shall be headed by a Town official designated as the "Director of Building and Code Enforcement." The Director of Building and Code Enforcement shall be appointed by the Town Board at a compensation to be fixed by it. The Director of Building and Code Enforcement shall report directly to the Town Board and Town Supervisor and shall not be under the jurisdiction of any other Town department.
(2) 
Assistant Building Inspectors and Code Enforcement Officers. The Town Board may appoint one or more Assistant Building Inspectors and Code Enforcement Officers as the need may appear, at a compensation to be fixed by it. The Assistant Building Inspectors and Code Enforcement Officers shall report to the Director of Building and Code Enforcement and, when requested, directly to the Town Board.
(3) 
Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the functions of the Department. The compensation of such employees shall be fixed by the Town Board.
(4) 
Acting Director of Building and Code Enforcement. In the absence of the Director of Building and Code Enforcement, or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Director of Building and Code Enforcement and to exercise all the powers conferred upon him by this chapter.
A. 
The Town Board of the Town of Queensbury does hereby establish the office to be known as the "Office of the Fire Marshal."
B. 
Purpose. The purpose of this Office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to fire prevention and fire-/life safety.
C. 
Personnel.
(1) 
Fire Marshal. The Office shall be headed by a Town official designated as the "Fire Marshal." The Fire Marshal shall be appointed by the Town Board and shall hold office at its pleasure at an annual salary to be determined by said Town Board. The Fire Marshal shall report directly to the Town Board and Town Supervisor and shall not be under the jurisdiction of any other Town department.
(2) 
Deputy Fire Marshal. The Deputy Fire Marshal(s) may be appointed by the Town Board at an annual salary to be determined by said Town Board. Their appointments shall continue at the pleasure of the Town Board. Each Deputy Fire Marshal shall have the authority to make fire prevention inspections under the Fire Code of New York State. A copy of any inspection report or other report of other official action shall be filed with the Fire Marshal. The Deputy Fire Marshal shall report to the Fire Marshal and, when requested, directly to the Town Board.
[Amended 11-4-2002 by L.L. No. 5-2002]
(3) 
Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the functions of the Office. The compensation of such employees shall be fixed by the Town Board.
(4) 
Acting Fire Marshal. In the absence of the Fire Marshal or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this chapter.
[Added 4-1-1991 by L.L. No. 3-1991;[1] amended 7-15-1992 by L.L. No. 7-1992]
A. 
The Town Board of the Town of Queensbury does hereby acknowledge establishment of the position of Zoning Administrator, which administrator has and shall continue to have the duty and responsibility of administrating and enforcing Chapter 179, Zoning, of the Code of the Town of Queensbury and making such orders, requirements, decisions or determinations as may be necessary to carry out said duties and responsibilities. The Zoning Administrator shall also have the duty, responsibility and authority to administer and enforce Chapter A183, Subdivision of Land, and Chapter 140, Signs, of the Code of the Town of Queensbury.
[Amended 8-31-1992 by L.L. No. 9-1992]
B. 
The position and duties, responsibilities and authority of Zoning Administrator may be assigned or delegated by the Town Board of the Town of Queensbury to any qualified employee or officer of the Town. The position of Zoning Administrator and accompanying duties, responsibilities and authority may be assigned or delegated to any Town officer or employee simultaneously with or in addition to any other duties and responsibilities or authority that that individual officer or employee may hold. The Town Board may, but shall not be obligated to, grant additional compensation or alter or change the affected officer's or employee's duties or responsibilities as a result of the additional zoning administration duties, responsibilities or authority delegated or assigned to the officer or employee. In addition to the foregoing, in the event that the Town Board determines that it shall be necessary, the position and duties, responsibilities and authority of Zoning Administrator may be assigned to an officer or employee or a person whose sole duties will be that of full-time or part-time Zoning Administrator. The Town Board may also appoint such other employees as may be deemed necessary to assist in carrying out the functions of the Zoning Administrator. Compensation of such other and further additional employees shall be fixed by the Town Board.
C. 
The position of Zoning Administrator and the duties, responsibilities and authority incidental thereto shall be vested in any particular officer or employee at the pleasure of the Town Board and such position of Zoning Administrator may be revoked or reassigned to other officers or employees as deemed appropriate by the Town Board.
D. 
In the absence of the Zoning Administrator or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of a majority of the Town Board, to designate a person to act on behalf of the Zoning Administrator and to exercise all of the power conferred upon him by this chapter.
[1]
Editor's Note: This local law also provided for the renumbering of the remaining sections of this chapter.
A. 
Director of Building and Code Enforcement. Except as otherwise provided by law, ordinance, rule or regulation, the Director of Building and Code Enforcement shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereto; receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications, and, upon approval of such applications, issue building permits, certificates of occupancy, temporary certificates and operating permits, and include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates and operating permits, property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter not specifically delegated as responsibilities of the Fire Marshal, except that the administration of the Zoning Ordinance shall be vested in the Zoning Administrator as herein provided. Further, the Director of Building and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under Town Law § 138.
[Amended 4-1-1991 by L.L. No. 3-1991; 6-4-2007 by L.L. No. 2-2007]
B. 
Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and fire/life safety. The Fire Marshal shall administer and enforce the Building Code and Fire Code of New York State.
[Amended 11-4-2002 by L.L. No. 5-2002]
C. 
Zoning Administrator. Except as otherwise provided by law, ordinance, rule or regulation, the Zoning Administrator shall administer and enforce Chapter 179, Zoning, Chapter A183, Subdivision of Land, and Chapter 140, Signs, of the Code of the Town of Queensbury. The Zoning Administrator's duties and responsibilities shall consist of the following:
[Added 4-1-1991 by L.L. No. 3-1991[1]; amended 7-15-1992 by L.L. No. 7-1992; 8-31-1992 by L.L. No. 9-1992]
(1) 
Reviewing all applications for variances, permits or other types of approvals requested of or required by the Town of Queensbury, the Zoning Board of Appeals and/or the Planning Board of the Town of Queensbury.
(2) 
Reviewing all building permits and sign permits to determine compliance with the Chapter 179, Zoning, of the Code of the Town of Queensbury.
(3) 
Making decisions, orders, requirements or determinations as to the applicability of Chapter 179, Zoning, Chapter A183, Subdivision of Land, and Chapter 140, Signs, of the Code of the Town of Queensbury.
(4) 
Keeping appropriate records of any orders, requirements, determinations or decisions made.
(5) 
Attending meetings of the Zoning Board, Planning Board and Town Board when appropriate.
(6) 
Making site visits when appropriate.
[1]
Editor's Note: This local law also provided for former Subsections C and D to be redesignated as Subsections D and E.
D. 
Joint responsibilities on the Building Code. The Director of Building and Code Enforcement and the Fire Marshal shall jointly administer and enforce those provisions of the Building Code dealing with building construction related to fire prevention and fire/life safety.
[Amended 11-4-2002 by L.L. No. 5-2002]
E. 
Other duties.
(1) 
The Director of Building and Code Enforcement and/or the Fire Marshal, as may be appropriate, shall issue notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations.
(2) 
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall keep official records of all transactions and activities of their respective offices, including records of all applications received, all permits and certificates issued, inspections conducted and notices and orders issued.
(3) 
In addition to duties specified in this chapter, the Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall perform such other duties as may be assigned by the Town Board by local law.
(4) 
In accordance with the Labor Law of the State of New York, the Town Board of the Town of Queensbury may, by resolution, cause the Town of Queensbury to assume full responsibility for enforcing the provisions of Article 17 of the Labor Law of the State of New York, titled "Public Safety," and rules adopted thereunder. In the event that the Town Board of the Town of Queensbury adopts said resolution, the Director of Building and Code Enforcement, his assistants, employees and department may be assigned and/or delegated any inspection and enforcement duties required by said Article 17 of the Labor Law by the Town Board of the Town of Queensbury.
[Added 6-3-1991 by L.L. No. 7-1991]
[Amended 7-15-1992 by L.L. No. 7-1992; 6-4-2007 by L.L. No. 2-2007]
A. 
The Assistant Building Inspectors, Code Enforcement Officers and Deputy Fire Marshal(s) provided for herein shall have any or all of the authority, powers, duties and responsibilities of the Director of Building and Code Enforcement or Fire Marshal, as may be assigned or delegated by the respective Director or Fire Marshal and with the consent of the Town Board when required herein or by the Town Board by local law.
B. 
The chief of any fire department or volunteer fire company providing fire-fighting services for a property within this Town shall promptly notify the Director of Building and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
[Amended 4-1-1991 by L.L. No. 3-1991]
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator may request and shall receive, so far as may be necessary in the discharge of their duties, the assistance and cooperation of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
The provisions of the Building Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.
[Amended 11-4-2002 by L.L. No. 5-2002]
B. 
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator, as may be appropriate, shall have the authority to permit the continuance of existing conditions within their respective areas of authority, not in strict compliance with the terms of this chapter where the exceptions do not constitute a distinct hazard to life or property.
[Amended 4-1-1991 by L.L. No. 3-1991]
A. 
Whenever the Director of Building and Code Enforcement or Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Building Code do not apply or that the intent and meaning of this chapter have been misconstrued or misinterpreted, the person affected may apply for a variance under the provisions of the Building Code of New York State or take such other and further legal action as allowed or provided by law.
[Amended 11-4-2002 by L.L. No. 5-2002]
B. 
The procedures set forth herein for a variance or legal action shall not prohibit the Director of Building and Code Enforcement or Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this chapter has been corrected when such hazard or existence of such violation constitutes a distinct hazard to life or public safety, unless otherwise provided by law or a court of law.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building or structure or component thereof, or change in use or occupancy of any building or structure, or component thereof, without first obtaining appropriate required permits from the Director of Building and Code Enforcement or Fire Marshal. In addition to the exemptions contained in 19 NYCRR 2103.3(a)(1), no permit shall be required for construction work which is not structural in nature and does not entail the installation of plumbing, heating or ventilation systems or components in addition to such systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this chapter. The exemption from the requirement to obtain a building permit for work in any category set forth herein shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
[Amended 6-4-2007 by L.L. No. 2-2007]
B. 
Application for a permit shall be made, on forms provided by the Town and approved by the Town Board, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work. The forms shall require, at a minimum, that the following information be submitted:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
[Amended 6-4-2007 by L.L. No. 2-2007]
C. 
Each application for a permit shall be accompanied by duplicate copies of plans and specifications, including plot plans, drawn to scale, showing the location and size of all proposed new construction as well as the location of all existing structures on the site; distances from lot lines; the relationship of structures on adjacent property; widths and grades of adjoining streets, walks and alleys; watercourses; easements; and utilities on the property. Said plans and specifications shall show the size of all proposed new construction, describe the nature and character of the work to be performed and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data.
D. 
The aforementioned requirements of this section may be waived by the Director of Building and Code Enforcement or, where appropriate, the Fire Marshal where it appears that strict application of this section would create an undue hardship and where it further appears that the strict application of this section would not result in a violation by the applicant of any of the other sections of this chapter or of any other ordinance, rule or regulation.
E. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.
F. 
In addition to other permits authorized by law or regulation or hereunder, the Fire Marshal shall issue all permits for solid-fuel-burning appliances, chimneys and/or flues and such other permits as may be provided for hereunder. It will still be necessary to obtain a permit from the Department of Building and Code Enforcement, but a joint permit may be employed and inspections joined as may be provided for by the Director of Building and Code Enforcement and Fire Marshal.
G. 
Amendments to any application, plan or specification may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to the approval of the Director of Building and Code Enforcement and/or Fire Marshal, as may be appropriate.
A. 
The Director of Building and Code Enforcement and/or Fire Marshal, as may be appropriate, shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith.
B. 
Upon the payment of the required fee and upon satisfactory proof being given that the applicant is in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Director of Building and Code Enforcement or Fire Marshal, as may be appropriate.
C. 
Any permit granted hereunder shall be limited only to the activity authorized on said permit, and its continued validity shall be subject to the conditions set forth on said permit.
D. 
Any permit granted hereunder shall not be transferable, except when transfer is approved by the appropriate official, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.
E. 
Permits shall continue until revoked as provided for herein or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, as provided for under § 88-15, provided that satisfactory justification can be shown for failure to start or complete the work or activity authorized within the required time period.
F. 
Any application for or acceptance of any permit issued or requested pursuant to this chapter constitutes agreement and consent by the person making application or accepting the permit to allow the Director of Building and Code Enforcement and/or Fire Marshal to enter upon the premises at any time to conduct inspections as required by this chapter. Refusal to allow the Director of Building and Code Enforcement or Fire Marshal to conduct said inspections of the premises and the records related to such permit or required to be maintained by this chapter shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Director of Building and Code Enforcement or Fire Marshal deem it necessary, either may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
A schedule of fees currently in effect as an amendment to Ordinance No. 30 of the Town of Queensbury shall be the effective schedule of fees, unless further amended or modified by the Town Board as provided herein.[1] The Town Board is hereby authorized to amend said schedule of fees, to vary the fees assessed or to establish additional fees, by resolution adopted after the holding of a public hearing at which any person interested in the subject matter of the fee schedule may be heard relative to the proposed amendment to the schedule of fees. Notice of the public hearing shall set forth each inspection, matter or item for which a fee is to be amended or a new fee to be established, and the amount of the fee. The notice of public hearing shall be posted on the Town Clerk's signboard, provided in accordance with the Town Law of the State of New York, and published in the official newspaper of the Town of Queensbury at least 10 days but not more than 20 days prior to the public hearing.
[1]
Editor's Note: The current fee schedule is on file in the office of the Town Clerk.
[Amended 6-4-2001 by L.L. No. 4-2001]
A. 
A building permit or permit issued by the Fire Marshal shall be effective to authorize the commencing and continuance of work authorized by that particular permit in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of issuance. Provided that the project for which a permit was issued did not require the granting of an area or use variance, the Director of Building and Code Enforcement or, where appropriate, the Fire Marshal may in their discretion allow any number of extensions each for a period not exceeding one year, provided that only that the appropriate fees be paid. If the project did require a use or area variance, then for good cause shown, the Director of Building and Code Enforcement or, where appropriate, the Fire Marshal may allow a maximum of two extensions for commencement of such work for periods not exceeding six months each. Other permits shall be effective as stated in other sections of this chapter.
B. 
The issuance of a permit shall constitute authority to the applicant to proceed with the work in accordance with all applicable laws, codes, ordinances, rules and/or regulations.
C. 
A building permit or permit issued by the Fire Marshal shall become void if construction does not commence within one year after the date of its issuance, unless extended as provided in Subsection A above.
D. 
Permits issued by the Director of Building and Code Enforcement and Fire Marshal shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Such permits issued by the Fire Marshal shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefor and the payment of the applicable permit fee.
A. 
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall have the authority to revoke permits issued by them as follows:
[Amended 8-31-1992 by L.L. No. 9-1992]
(1) 
Where it is found that there have been false statements or misrepresentations as to a material fact in the application, plans or specifications upon which the permit was granted.
(2) 
Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable laws, codes, ordinances, rules or regulations.
(3) 
Where the person to whom the permit has been issued fails or refuses to comply with a stop-work order duly issued by the Director of Building and Code Enforcement.
B. 
In the event of a violation of the code, the Fire Marshal may, in addition to the other penalties provided for herein, suspend said permit until such time as the violation is corrected. Should the Fire Marshal determine that the violation constitutes a distinct hazard to life or public safety, he may order the premises secured immediately until said violation is corrected.
[Amended 8-31-1992 by L.L. No. 9-1992; 6-4-2007 by L.L. No. 2-2007]
A. 
Whenever the Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator has reasonable grounds to believe that the work on any building or structure is proceeding without a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, which falls under his respective jurisdiction, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Town Board of the Town of Queensbury and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Director of Building and Code Enforcement or, in the appropriate case, the Zoning Administrator or that of an assistant and shall be prominently posted at the worksite. The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator, as the case may be, shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
C. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A or B of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A. 
A schedule of required inspections shall be made available to all applicants for permits, which schedule shall require, at a minimum, inspections upon the following, where applicable: work site prior to the issuance of a building permit: footing and foundation; preparation for concrete slab; framing; plumbing, electrical and firestopping, including underground and rough-in; fire-resistant construction; fire-resistant penetrations; solid-fuel-burning heating appliances, chimneys, flues or gas vents; Energy Code compliance; and a final inspection after all work authorized by the building permit has been completed, and at such other intervals as may be determined by the Director of Building and Code Enforcement and/or the Fire Marshal.
[Amended 6-4-2007 by L.L. No. 2-2007]
B. 
It shall be the responsibility of the owner or his agent to notify the Director of Building and Code Enforcement and/or Fire Marshal when work is ready for each required inspection.
C. 
Inspections of all work authorized by a building works permit shall be requested by notification to the Department of Building and Code Enforcement not less than one working day prior to the time the inspection is to be scheduled unless otherwise approved by the Director of Building and Code Enforcement. All inspections shall be scheduled on regular working days during normal working hours.
D. 
For all other inspections, the points of construction and times when such construction shall be required, the specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be by the discretion of the Director of Building and Code Enforcement and/or Fire Marshal or in accordance with the established procedures and rules and regulations.
E. 
Failure to request a required inspection shall be cause for rejection of the work or an order to expose the work for inspection.
F. 
Where permits are required, the Director of Building and Code Enforcement and/or Fire Marshal may at all reasonable hours enter any building or premises within the Town of Queensbury for the purpose of making the required inspections.
G. 
The Fire Marshal may, at any reasonable hour, enter any building, with the exception of a dwelling, for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter and the Uniform Code.
H. 
Should entrance to make an inspection be refused or permission to enter be unable to be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
A. 
Certificate of occupancy required.
(1) 
A certificate of occupancy shall be required for any building, structure or portion thereof containing habitable space. A certificate of occupancy shall include, at a minimum, the following:
(a) 
The building permit number, if any;
(b) 
The date of issuance of the building permit, if any;
(c) 
The name, address and tax map number of the property;
(d) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(e) 
The use and occupancy classification of the structure;
(f) 
The type of construction of the structure;
(g) 
The assembly occupant load of the structure, if any;
(h) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(i) 
Any special conditions imposed in connection with the issuance of the building permit; and
(j) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.
(2) 
A certificate of compliance shall be required for any structure, building or portion thereof for which a certificate of occupancy is not provided.
B. 
No building hereafter erected shall be used or occupied, in whole or in part, until the appropriate certificate of occupancy or certificate of compliance shall have been duly issued by the Director of Building and Code Enforcement.
C. 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless the appropriate certificate of occupancy or certificate of compliance shall have been issued by the Director of Building and Code Enforcement.
A. 
When, after final inspection, it is found that the proposed work has been fully completed in accordance with all applicable building laws, ordinances, rules and regulations, and also in full accordance with the application, plans and specifications filed in connection with the issuance of the permit, the Director of Building and Code Enforcement shall issue the appropriate certificate of occupancy or certificate of compliance upon the form provided by his Department. In the event that it is found that all proposed work has not been properly completed, the Director of Building and Code Enforcement shall refuse to issue the appropriate certificate of occupancy or certificate of compliance and shall order the work completed in conformity with the applicable building regulations.
B. 
The appropriate certificate of occupancy or certificate of compliance shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
C. 
The owner or his agent may be required to submit to the Department an instrument survey map showing the true location of the new building or additions in reference to all the property lines and existing structures. The Director of Building and Code Enforcement may waive this requirement for minor additions or instances where the Director feels that the same is unnecessary.
Upon request, the Director of Building and Code Enforcement may issue a temporary certificate of occupancy or certificate of compliance for a building or structure, or parts thereof, before the entire work covered by the permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare. A temporary certificate of occupancy or certificate of compliance shall remain effective for a period not exceeding 30 days from its date of issuance. For good cause, the Director of Building and Code Enforcement may allow a maximum of three extensions for periods not exceeding 30 days each.
[Added 5-16-2005 by L.L. No. 2-2005]
A. 
The Fire Marshal shall maintain a schedule of required inspections consistent with the Uniform Code.
B. 
The Fire Marshal shall establish the schedules of required inspections which shall provide for inspections of all buildings containing areas of public assembly, and all dormitory buildings, at minimum once per year and all multiple dwellings and nonresidential buildings at minimum once every three years.
C. 
The Fire Marshal, Deputy Fire Marshal and/or their authorized assistants or deputies shall provide written notice to a property owner or occupant of the requirement of an inspection. Such notice may be hand delivered to the occupant or property owner, or posted on the property and mailed to the last known address of the property owner by regular mail.
D. 
No property owner or occupant shall refuse to allow a required inspection within a reasonable period of time. For purposes of this section, 10 business days shall be deemed a reasonable period of time.
E. 
Should a property owner or occupant refuse to allow a required inspection within ten days of receipt of notice, the Fire Marshal may notify the Director of Building and Code Enforcement of the refusal and request the revocation of the certificate of occupancy for the premises. A notice of intent to revoke the certificate of occupancy may then be hand delivered to the occupant or property owner, or posted on the property and mailed to the last known address of the property owner by regular mail; the notice of intent shall include direction for the owner or occupant to schedule an inspection. If the required inspection has not been completed within five business days of the notice of intent, the certificate of occupancy may be revoked without further notice or proceedings.
F. 
Where a certificate of occupancy has been issued for a building, structure or portion thereof containing habitable space, there shall be no change of commercial use based on change of ownership, tenancy, leaseholder or occupancy unless and until the Fire Marshal, Deputy Fire Marshal and/or their authorized assistants or deputies shall cause an inspection to be made and a new certificate of occupancy to be issued. If a prior business has operated without a certificate of occupancy, this shall not excuse the new owner, occupant, tenant or leaseholder from obtaining a certificate of occupancy.
[1]
Editor's Note: Former § 88-22, Permits for special occupancies or storage of hazardous materials, was repealed 11-4-2002 by L.L. No. 5-2002.
[Added 6-4-2007 by L.L. No. 2-2007]
A. 
Operating permits required.
[Amended 12-17-2018 by L.L. No. 3-2018]
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable tables of the latest edition of the International Fire Code (incorporated by reference in 19 NYCRR Part 1225);
(b) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;
(e) 
Parking garages as defined in 19 NYCRR Section 1203.3(j)(2)(iv); and
(f) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Queensbury.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation and to comply with any and all related requirements incorporated into this chapter pursuant to § 88-3. In the case of parking garages, the owner and/or operator must demonstrate compliance with the provisions of 19 NYCRR Section 1203.3(j), including, but not limited to, the timely submission of condition assessments.
B. 
An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Director of Building and Code Enforcement and the Fire Marshal. The application shall include such information as the Director of Building and Code Enforcement and the Fire Marshal deem sufficient to permit a determination by the Director of Building and Code Enforcement and the Fire Marshal that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Director of Building and Code Enforcement or the Fire Marshal determine that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Director of Building and Code Enforcement or the Fire Marshal, at the expense of the applicant.
C. 
The Director of Building and Code Enforcement and/or the Fire Marshal or an inspector authorized by the Director of Building and Code Enforcement and/or the Fire Marshal shall inspect the subject premises prior to the issuance of an operating permit.
D. 
In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Director of Building and Code Enforcement and/or the Fire Marshal may require a separate operating permit for each such activity, or the Director of Building and Code Enforcement and/or the Fire Marshal may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued hereunder. An operating permit may be reissued or renewed upon application to the Director of Building and Code Enforcement and/or the Fire Marshal, payment of the applicable fee, and approval of such application by the Director of Building and Code Enforcement and/or the Fire Marshal.
F. 
If the Director of Building and Code Enforcement and/or the Fire Marshal determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
The fee specified in or determined in accordance with the provisions set forth by resolution of the Town Board in § 88-14 of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
H. 
Nothing contained in this § 88-23 shall be construed to authorize or permit an activity in a zoning district which is not authorized by Chapter 179 of the Code of the Town of Queensbury, or any other applicable provision of the Code of the Town of Queensbury, or any other applicable local law or state or federal law or regulation.
[1]
Editor's Note: Former § 88-23, Supplementary administrative procedures and regulations established, as amended, was repealed 11-4-2002 by L.L. No. 5-2002.
[Amended 4-1-1991 by L.L. No. 3-1991; 5-24-1991 by L.L. No. 6-1991; 7-15-1992 by L.L. No. 7-1992]
A. 
Violations; procedures for correction; appearance tickets; summons and complaints; fire lane and parking violations.
(1) 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this chapter or fail in any manner to comply with any notice, directive or order of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, use permit, plumbing permit or certificate of occupancy.
(2) 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Building Code or this chapter shall comply with all the provisions of the Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
[Amended 11-4-2002 by L.L. No. 5-2002]
(3) 
Whenever it is found that there has been a violation of the Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket or summons and complaint may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
[Amended 11-4-2002 by L.L. No. 5-2002]
(4) 
Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed for in this chapter.
(5) 
Violation notices and other orders or notices referred to in this chapter shall be served on the owner or one of the owner's executors, legal representatives, agents or lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other persons have a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.
(6) 
Appearance tickets/summons and complaints. The Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket or summons and complaint, subscribed by him, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.
B. 
Penalties. Any person who shall fail to comply with a written order of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies within the time fixed for compliance therewith and any owner, "builder, architect, tenant, contractor, subcontractor, plumber or construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies made thereunder or any person who shall violate any provision of this chapter, the Building Code or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, or who shall refuse to allow a required inspection, or fail to comply with the requirements of the New York State property maintenance code, in addition to other penalties provided for in this chapter shall be guilty of an offense punishable in the following manner:
[Amended 11-4-2002 by L.L. No. 5-2002; 5-16-2005 by L.L. No. 2-2005; 10-15-2007 by L.L. No. 7-2007]
(1) 
A fine of not more than $950 for the first offense, by a fine of not more than $950 or by imprisonment for not more than one year, or both, for the second offense.
(2) 
If the violation requires the abatement or maintenance be performed by the Town or by its designee, or agent, including a private contractor lawfully engaged and authorized by the Town, such expense shall be assessed against the record owner of the property. The expense so assessed shall constitute a lien in charge on real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other Town charges. Such assessments shall be made in accordance with Article 15 of the Town Law.
(3) 
The imposition of such penalties shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
C. 
A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter or a violation of any order to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies with the consent of a majority of the Town Board.
D. 
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 88-17, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 88-17, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[Added 6-4-2007 by L.L. No. 2-2007]
[Amended 4-1-1991 by L.L. No. 3-1991]
This chapter shall not be construed to hold any code enforcement officer of the Town of Queensbury or the Town of Queensbury responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect, as required by any permits under this chapter, nor shall the Town be liable for any damage to persons or property by reason of the Director of Building and Code Enforcement's, Fire Marshal's and/or Zoning Administrator's exercising their discretion as provided in this chapter.
In the event that the provisions of this chapter shall be in conflict with any other law, rule or regulation, the more stringent provisions shall govern.
[Amended 11-4-2002 by L.L. No. 5-2002]
This chapter shall apply, upon its effective date, to all buildings, structures or appurtenances thereto or portions thereof in the Town of Queensbury. This chapter, upon its effective date, shall also apply to all departments of the Town of Queensbury, all residents, citizens and businesses, and all permits or certificates of occupancy or compliance issued or to be issued and all actions of the Town of Queensbury, its offices and employees in carrying out and enforcing the Building Code of New York State and related laws, codes, ordinances and regulations, as more fully set forth herein.