[HISTORY: Adopted by the County Legislature
of the County of Ulster 6-13-2007 by L.L. No. 10-2007; amended in its entirety 2-14-2023 by L.L. No. 1-2023. Subsequent 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") and the State Energy Conservation Construction Code
(the "Energy Code") by the County of Ulster, pursuant to § 381(2)
of the Executive Law. This chapter shall also provide for administration
and enforcement of the Uniform Code with respect to County buildings,
premises and equipment as hereinafter set forth. Except as otherwise
provided in the Uniform Code, Energy 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 chapter replaces in its entirety Local Law Number 2 of 1986 of
the County of Ulster, entitled "A Local Law of the County Ulster Providing
for the Administration and Enforcement of the New York State Fire
Prevention and Building Code."
A.
The Environmental Sanitation Division of the Ulster County Department
of Health is hereby designated to administer and enforce the Uniform
Code in those localities which have properly opted out of responsibility
for enforcement of the Uniform Code, such localities being hereinafter
referred to as "properly opted out localities."
B.
The Ulster County Safety Department is hereby designated to administer
and enforce the Uniform Code with respect to buildings, premises and
equipment in the custody of, or activities related thereto, undertaken
by the County of Ulster. Said department shall maintain and be responsible
for any and all records pertaining to enforcement of the Uniform Code
with respect to County buildings, premises and equipment.
As used in this chapter, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A permit issued pursuant to § 166-5 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 166-8B of this chapter.
One or more Code Enforcement Officers appointed pursuant to § 166-4 of this chapter.
The Code Enforcement Officer and all Inspectors.
The County of Ulster.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 166-11 of this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 166-11 of this chapter. The term "Operating Permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 166-16A of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 166-7 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 166-8D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Code Enforcement Officer of the Ulster County Department
of Health, Environmental Sanitation Division, shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter in all properly opted out localities. The Code Enforcement
Officer of the Ulster County Safety Department shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter for all buildings, premises, and equipment in the custody
of, or activities related thereto, undertaken by the County of Ulster.
A.
The Code Enforcement Officer shall have the following powers and
duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include building permits, certificates of
occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates, and operating permits, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this County's Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall possess background experience
related to building construction or fire prevention and shall, with
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and the
Code Enforcement Officer shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated there under.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be named by the corresponding
department head to serve as Acting Code Enforcement Officer. The Acting
Code Enforcement Officer shall, while serving shall exercise all powers
and fulfill all duties conferred upon the Code Enforcement Officer
by this chapter.
D.
One or more Inspectors may act under the supervision and direction
of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this chapter. Each
Inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training and other
training as the State of New York shall require for code enforcement
personnel, and each Inspector shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated there under.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer. Building permits for properly opted out localities shall be applied for and obtained through the Environmental Sanitation Division of the Ulster County Department of Health. Building permits with respect to buildings, premises and equipment in the custody of, or activities related thereto, undertaken by the County of Ulster, shall be applied for and obtained through the Ulster County Safety Department.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction of temporary sets and scenery associated with motion
picture, television and theater uses;
(2)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3)
Installation of partitions or movable cases less than five feet nine
inches in height;
(4)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(5)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(6)
Replacement of any equipment provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(7)
Repairs, provided that the work does not have an impact on fire and
life safety, such as (i) any part of the structural system; (ii) the
required means of egress; or (iii) the fire protection system or the
removal from services of or any part of the fire protection system
for any period of time.
C.
Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the location, nature, extent, and scope of the proposed
work;
(2)
The tax map number and the street address of any affected building
or structure;
(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 (i) describe the location, nature, and scope of the proposed
work; (ii) show that the proposed work will conform to the applicable
provisions of the Codes; (iii) show the location, construction, size,
and character of all portions of the means of egress; (iv) show a
representation of the building thermal envelope; (v) show structural
information including but not limited to braced wall designs, the
size, section, and relative locations of structural members, design
loads, and other pertinent structural information; (vi) show the proposed
structural, electrical, plumbing, mechanical, fire-protection, and
other service systems of the building; (vii) include a written statement
indicating compliance with the Energy Code; (viii) include a site
plan, drawn to scale and drawn in accordance with an accurate boundary
survey, showing the size and location of new construction and existing
structures and appurtenances on the site, distances from lot lines,
the established street grades and the proposed finished grades, and,
as applicable, flood hazard areas, floodways, and design flood elevations;
and (ix) evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as and indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of work. The building permit shall
contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subdivision may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that (1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and (2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected made, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code, including a citation to the specific code provision
or provisions that have not been met. Work not in compliance with
any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 166-17 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
E.
Remote inspections. At the discretion of the Code Enforcement Officer
or Inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
Inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work, or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work, or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall (1) be in writing,
(2) be dated and signed by the Code Enforcement Officer, (3) state
the reason or reasons for issuance, and (4) if applicable, state the
conditions which must be satisfied before work will be permitted to
resume.
C.
Service of stop-work orders. The Code Enforcement Officer 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 Code Enforcement
Officer 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.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A 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 § 166-16 of 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.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
(1)
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance;
(1)
A written statement of structural observations and/or a final report
of special inspections,
(2)
Flood hazard certifications,
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code, and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and tax map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy ("temporary
certificate") allowing the temporary occupancy of a building or structure,
or a portion thereof, prior to completion of the work which is the
subject of a building permit. (1) However, in no event shall the Code
Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer determines (a) that the building or structure,
or the portion thereof covered by the temporary certificate, may be
occupied safely, (b) that any fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and (c) that
all required means of egress from the building or structure have been
provided. The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or further construction work
in the building and structure. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
A.
The chief of any fire department providing fire-fighting
services for a property within a properly opted out locality shall
promptly notify the Code Enforcement Officer of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
B.
The chief of any fire department providing fire-fighting
services for a property owned or leased by Ulster County shall promptly
notify the Code Enforcement Officer of the Ulster County Safety Department
of any fire or explosion involving any structural damage, fuel-burning
appliance, chimney or gas vent.
Unsafe buildings, structures, and equipment, and conditions
of imminent danger, in this County shall be identified and addressed
in accordance with the following procedures:
A.
General. When a building, structure or equipment is found to be unsafe,
or a structure is found to be unfit for human occupancy, such building,
structure or equipment shall be condemned pursuant to the provisions
of this chapter. As used in this section of this chapter, the following
terms shall have the meanings set forth below:
(1)
Unsafe buildings or structures. An unsafe building or structure is
one that is found to be dangerous to the life, health, property, or
safety of the public or the occupants of the building or structure
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such building or structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation that
partial or complete collapse is possible. Buildings or structures
which may be unsafe include but are not limited to the following:
(a)
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(b)
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(c)
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(d)
Those which have been damaged by fire, wind, or other causes
so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of the County.
(e)
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
(f)
Those having inadequate facilities for egress in cases of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(g)
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(h)
Those which, because of their condition, are unsafe, unsanitary,
or dangerous to the health, safety, or general welfare of the people
of this County.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property, or safety of the public or
occupants of the premises, building or structure.
(3)
Buildings or structures unfit for human occupancy. A building or
structure is unfit for human occupancy whenever such building or structure
is unsafe, unlawful or, because of the degree to which the building
or structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by the Uniform Code, or because the location
of the building or structure constitutes a hazard to the occupants
of the building or structure or to the public.
B.
Inspection and report. The Ulster County Safety Department or Ulster
County Department of Health, upon information and belief that a building
or structure may be unsafe or unfit for human occupancy, shall cause
an inspection thereof to be made by the Code Enforcement Officer and
shall cause a report to be made containing the following information:
(1)
A description of the premises;
(2)
A statement of the particulars, if any, in which the building or
structure is unsafe or unfit for human occupancy; and
(3)
A recommendation with respect to the repair or the demolition and
removal of the building or structure.
Said report shall be filed in the Ulster County Safety Department
or Ulster County Department of Health, respectively.
C.
Notice and hearing. Upon a finding that a building or structure is
unsafe or unfit for human occupancy, the Code Enforcement Officer
shall notify the owner of record of the building or structure, and
may notify all others having an interest therein, either personally
or by certified mail, addressed to his or her last known address as
shown by the records of the Ulster County Clerk.
(1)
Such notice shall be in writing and shall contain:
(a)
A description of the premises;
(b)
A statement of the particulars in which the building or structure
is unsafe or unfit for human occupancy;
(c)
An order requiring that the building or structure be repaired
and made safe or demolished and removed;
(d)
An order requiring that such repair or demolition and removal
be commenced within 10 days of the date of personal service or mailing
of the written notice and that repair or demolition and removal be
completed within 30 days after the date required for its commencement;
(e)
The date, time, and location of the hearing before a hearing
officer designated by the Ulster County Commissioner of Health relative
to the underlying unsafe building or structure, which hearing shall
be scheduled not less than five consecutive days from the date of
personal service or mailing of written notice;
(f)
A statement that, in the event of the failure, neglect, or refusal
to comply with the order to repair and make safe, or demolish and
remove, the unsafe building or structure, the Ulster County Safety
Department or Ulster County Department of Health is authorized to
provide for the security of the building or structure or for its demolition
and removal, to assess all expenses thereof against the land on which
it is located and to institute legal action to recover the costs of
demolition and removal of said unsafe building or structure, as well
as legal fees and expenses; and
(g)
A statement that the recipient of the notice may wish to consult
with an attorney in connection with the notice.
(2)
If such service be by certified mail, the Code Enforcement Officer
shall post a copy of such notice on the premises. A copy of such notice
may also be filed in the office of the Ulster County Clerk in the
same manner as a notice of pendency pursuant to Article 65 of the
Civil Practice Law and Rules and shall have the same effect as a notice
of pendency as therein provided, except as hereinafter provided in
this subsection. A notice so filed shall be effective for a period
of one year from the date of filing; provided, however, that it may
be vacated upon the order of a judge or justice of a court of record
or upon consent of the Ulster County Attorney. Upon presentation of
and filing of such consent or certified copy of such order in the
office of the Ulster County Clerk, the aforementioned notice and any
record or docket thereof shall be marked as canceled of record by
said County Clerk.
(3)
In the event that the one or more adult persons are residing and have a lawful interest in the unsafe building or structure at the time of the inspection referenced above in § 166-10B of this chapter a copy of the written notice provided herein shall be served upon any one such adult person if such person can reasonably be found.
(4)
In the event that the whereabouts of the owner of the unsafe building
or structure are unknown and cannot be ascertained after the exercise
of reasonable diligence by the Code Enforcement Officer, the Code
Enforcement Officer shall execute an affidavit to that effect, which
shall be filed in the Ulster County Safety Department or Ulster County
Department of Health, as applicable. In such a case, notice shall
be served by securely posting copy of said written notice on the unsafe
building or structure in a conspicuous location.
(5)
In the event that the owner of the unsafe building or structure fails
or refuses to comply with the order to make safe or demolish and remove
said unsafe building or structure, and after a hearing has been held
in accordance with this section, the Ulster County Safety Department
or Ulster County Department of Health may cause said unsafe building
or structure to be made safe or demolished and removed.
(6)
The County shall be reimbursed for all costs and expenses incurred by it in connection with the proceedings to make safe or demolish and remove any building or structure pursuant to § 166-10 of this chapter in addition to the actual cost of demolishing and removing said building or structure. Such costs and expenses may be assessed against and recovered from the land on which the building or structure was located. The County may also institute a civil action to recover said costs and expenses from the owner of the affected property.
D.
Emergency powers. In cases of an emergency which, in the opinion
of the Code Enforcement Officer, involves conditions of imminent danger
to human life or health, the Code Enforcement Officer shall promptly
cause such building or structure, or portion thereof, to be made safe
or removed. In such cases of emergency:
(1)
Posting, placarding, and condemning a building or structure may occur
immediately and the structure shall be vacated. The placard or notice
posted on the premises shall read as follows: "This structure is unsafe
and its occupancy has been prohibited by the Fire Code Official. It
shall be unlawful for any person to enter this structure except for
the purpose of securing the structure, making the required repairs,
removing the hazardous condition, or demolishing the structure." The
structure shall be cordoned off with caution tape, and all openings
on the ground level will be properly secured to prevent entry.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
[1]
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
[2]
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
[3]
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
[4]
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
[5]
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
[6]
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
[7]
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire byproducts or operating a tire rebuilding plant;
[8]
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
[10]
Chapter 56, "Explosives and Fireworks." Possessing,
manufacturing, storing, handling, selling, or using, explosives, fireworks,
or other pyrotechnic special effects materials except the outdoor
use of sparkling devices as defined by Penal Law section 270;
[11]
Section 307, "Open Burning, Recreational Fires
and Portable Outdoor Fireplaces." Conducting open burning, not including
recreational fires and portable outdoor fireplaces;
[12]
Section 308, "Open Flames." Removing paint with
a torch, or using open flames, fire, and burning in connection with
assembly areas or educational occupancies; and
[13]
Section 319, "Mobile Food Preparation Vehicles."
Operating a mobile food preparation vehicle in accordance with the
permitting requirements established by any local law as now in effect
or as hereafter amended from time to time.
(c)
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in section R327.5 of the RCNYS.
(d)
Buildings containing one or more assembly areas;
(e)
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or use hazardous production materials;
(g)
Parking garages as defined in § 139-21A of this chapter;
(h)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Ulster County Legislature; and
(i)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Ulster County Legislature.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines 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 Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an Operation Permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer 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.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 12 months for properly opted out localities under the Environmental Sanitation Division, Ulster County Department of Health, and once every 12 months for County properties performed by the Ulster County Safety Department.
B.
Inspections permitted.
(1)
In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
Receipt by the Code Enforcement Officer of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; or
(c)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer 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;
(2)
Provided, however, that nothing in this subsection shall be construed
as permitting an inspection under any circumstance under which a court
order or warrant permitting such inspection is required, unless such
court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law section 156-e and Education Law section 807-b.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 166-17 of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
E.
Remote inspections. At the discretion of the Code Enforcement Officer
or Inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized Inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a compliant shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions an/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 166-13 of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
Personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the County of Ulster, on a form prescribed
by the Secretary of State, a report of the activities of the County
of Ulster relative to administration and enforcement of the Uniform
Code.
B.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, true and complete copies of the records and related materials
this County of Ulster is required to maintain; true and complete copies
of such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Orders to remedy. The Code Enforcement Officer is authorized to order
in writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. An order of
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following:
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by [specify date], which is 30 days after the date of this order to
remedy."
(1)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy (1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or (2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail within five days after the
date of the order to remedy. The Code Enforcement Officer shall be
permitted, but not required, to cause the order to remedy, 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 being performed at the
affected property personally or by certified mail within five days
after the date of the order to remedy; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the order to remedy.
B.
Appearance tickets. The Code Enforcement Officer and each Inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Penalties. In addition to those penalties proscribed by state law,
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter, shall be punishable
by a fine of not more than $200 per day of violation; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to a civil penalty of not more than $200
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this County of Ulster.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this County of Ulster, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit, order to remedy, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this chapter. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of
any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, order to remedy or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of this County of Ulster, in the Supreme
Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Executive Officer the
County of Ulster, or, where appropriate or other required under federal,
state or local law, by the Legislature of the County of Ulster.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 166-7 (Stop-work order) 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 pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 166-7 (Stop-work order) 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 Section § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Legislature
of the County of Ulster. 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 the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter. The Ulster County Commissioner of Health
shall, for any properly opted out localities, establish, and from
time to time amend, the fees to be collected for building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections
and other actions of the Code Enforcement Officer. Such fees shall
be effective upon filing of the same with the Ulster County Clerk's
office. A schedule of such fees shall be made available upon request
to the Environmental Sanitation Division of the Ulster County Department
of Health. All requirements for payment of fees, otherwise payable
by applicants, pursuant to such fee schedule, shall be waived as they
pertain to enforcement of the Uniform Code with respect to buildings
premises and equipment in the custody of, or activities related thereto
by the County of Ulster.
The Legislature of the County of Ulster may,
by resolution, authorize a locality within Ulster County to enter
into an agreement, in the name of the County of Ulster, with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in section
304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments — general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the County, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984 and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003 and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to the date that is six months
after the effective date of this section.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the County becomes aware of any new or increased deterioration which, in the judgment of the County, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the County to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the County within 14 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended timeframe for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review condition assessment reports. The County shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the County shall, by order to remedy or such other means of enforcement as the County may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the County to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The County shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the County with a written statement attesting
to the fact that he or she has been so engaged, the County shall make
the previously prepared condition assessment reports for such parking
garage (or copies of such reports) available to such professional
engineer. The County shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the County:
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 166-12 of this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the County by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
