1.2 1.2
LOCAL LAWS\ENACTMENPChapter 88—Repeal and Replace With 88A and 88B—5-1-2023
RESOLUTION ADOPTING LOCAL LAW NO.: _OF 2023 AND
LOCAL LAW NO.: OF 2023 REPEALING QUEENSBURY TOWN
CODE CHAPTER 88 AND REPLACING IT WITH
CHAPTER 88A AND CHAPTER 88B
RESOLUTION NO. ,2023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Chapter 88 of the Queensbury Town Code currently recognizes the offices
of the Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator and
establishes the process by which these offices are filled and the method by which others are
appointed to assist such Officials in their duties, and
WHEREAS, Chapter 88 also sets forth certain substantive requirements pertaining to
enforcement of the New York State Uniform Fire Prevention and Building Code and the State
Energy Conservation Construction Code, and
WHEREAS, the New York State Department of State has adopted certain regulatory
changes that impact the substantive requirements applicable to local Code Enforcement
programs, and
WHEREAS, these regulatory changes necessitate amendment of Chapter 88, and
WHEREAS, to best facilitate these changes, the Queensbury Town Board wishes to
replace Chapter 88 with a new Chapter 88A continuing the establishment of Enforcement
Officials and other personnel, and Chapter 88B which complies with the State regulatory
changes concerning the Town's Code Enforcement program, and
WHEREAS, the Town Board has conducted a Public Hearing on Monday, May 1, 2023,
concerning Local Law of 2023 which, if adopted, would replace current Chapter 88 with
Chapter 88A, and Local Law of 2023, which, if adopted, would enact Chapter 88B, and
WHEREAS, at that time, the Town Board heard from all members of the public present
that wished to be heard on the issue of adoption of these Local Laws, and
WHEREAS, the Town Board has reviewed the draft Local Laws and considered any
comments provided at the Public Hearing, and finds that it would be appropriate and desirable to
adopt the Local Laws,
NOW, THEREFORE, BE IT
RESOLVED, that adoption of these Local Laws constitute a Type II Action pursuant to
the State Environmental Quality Review Act (SEQRA) and therefore no SEQRA review is
warranted, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. of
2023 replacing Chapter 88 with new Chapter 88A, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. of
2023 enacting new Chapter 88B, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file
such Local Laws with the New York Department of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Counsel to execute any required documents and take any and all
actions necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby directs the Town Supervisor, Town Clerk
and/or Town Counsel to share these Local Laws with the Adirondack Park Agency.
Duly adopted this I"day of May, 2023, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapter 88B Fire Prevention and Building Construction — May 1 2023
LOCAL LAW NO.. OF 2023
A LOCAL LAW ADOPTING NEW CHAPTER 88B ENTITLED "FIRE
PREVENTION AND BUILDING CONSTRUCTION"
BE IT ENACTED BY THE QUEENSB URY TOWN BOARD AS FOLLOWS:
ARTICLE 1. This Local Law 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) in the Town of Queensbury. This Local
Law is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy 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 this Local Law.
ARTICLE 2. Chapter 88B of the Queensbury Town Code, entitled "Fire Prevention and
Building Construction" is hereby enacted as follows:
§ 8813-I Title.
This Chapter shall be known as "Fire Prevention and Building Construction".
§ 8813-2. Intent
It is the intent of the Town Board of the Town of Queensbury through adoption of this Chapter
to continue to provide for the administration and enforcement of the provisions of the Uniform
Code and Energy Code of the State of New York.
4
§ 88B-3. Definitions
In this Chapter, the following terms shall have the meanings set forth in this section:
"Assembly Area" shall mean an area in any building, or in any portion of a building, that is
primarily used or intended to be used for gathering fifty 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.
"Building Permit" shall mean a building permit, construction permit, demolition permit, or
other permit that authorizes the performance of work. The term "Building Permit" shall also
include a Building Permit which is renewed, amended, or extended pursuant to any provision
of this Chapter.
"Certificate of Compliance" shall mean a document issued by the Town of Queensbury stating
that work was done in compliance with approved construction documents and the Codes.
"Cera"rfcate of Occupancy" shall mean a document issued by the Town of Queensbury certifying
that the building or structure, or portion thereof, complies with the approved construction
documents that have been submitted to and approved by the Town of Queensbury and indicating
that the building or structure, or portion thereof, is in a condition suitable for occupancy.
"Code Enforcement Office?" shall mean the Code Enforcement Officer appointed pursuant to
section 88B-5 of this Chapter. When exercising his/her authority under section 88B-5{C}, this
term shall also include the Fire Marshal and/or Deputy Fire Marshals appointed by the Town
Board.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors
nnd, in certain circumstances, the Fire Marshal and all Deputy Fire Marshals.
"Codes" shall mean the Uniform Code and Energy Code.
"Energy Code" shall mean the New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the Energy Law.
"FCNYS" shall mean the 2020 Fire Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1225.
"Fire Safety and Property Maintenance Inspection". shall mean 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.
"Hazardous Production Materials" shall mean 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.
"Inspector" shall mean an inspector appointed pursuant to section 88B-5 of this Chapter.
"Operating Permit" shall mean a permit issued pursuant to section 88B- 12 of this Chapter and
shall include any Operating Permit which is renewed, amended, or extended pursuant to any
provision of this Chapter.
"Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 88B- 19 of this Chapter.
"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include 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.
"PMCNYS" shall mean the 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
"RCIVYS ' shall mean the 2020 Residential Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1220.
"Repair" shall mean the reconstruction, replacement, or renewal of any part of an existing
building for the purpose of its maintenance or to correct damage.
"Stop Work Order" shall mean an order issued pursuant to section 8811-8 of this Chapter.
"Sugarhouse" shall mean a building used, in whole or in part, for the collection, storage or
processing. of maple sap into maple syrup and/or maple sugar.
"Temporary Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision
(D) of section 888-9 of this Chapter.
"Town" shall mean the Town of Queensbury.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIIi of Title 19 of the NYCRR, adopted pursuant to Article 18 of
the Executive Law.
§ 888-4 Applicability of standards.
The provisions of this Chapter relating to maintenance, housekeeping and behavior regulations
so as to protect life and property against the hazards of Lire, 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.
§88B-5. Authority to enforce the Uniform Code and. Energy Code of the State of New
York.
A. In addition to authority otherwise delegated to such officials by law, rule, regulation or
order, the Town Director of Code Enforcement and all Assistant Building Inspectors/Code
Enforcement Officers thereunder, shall have the following authority:
1 ) To receive, review, and approve or disapprove applications for Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy,
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 of Occupancy, and Operating Permits, and
to include in terms and conditions as the Code Enforcement Officer may determine to be
appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance,
Temporary Certificates of Occupancy, and Operating Permits;
3) To conduct construction inspections; inspections to be made prior to the issuance of
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, 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;
6) To issue orders pursuant to subdivision (A) of section 8$8-19 (Violations) of this
Chapter;
7) To maintain records;
8) To collect fees as set by the Town Board of the Town of Queensbury;
9) To pursue administrative enforcement actions and proceedings;
10) In consultation with the Town's Legal Counsel, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this
Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the
Energy Code or this Chapter; and
11 ) To exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this Chapter.
B. Prior to exercising the authority set forth in this Section, each such official or employee
must, within the time prescribed by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall require for code
enforcement personnel, and each such person shall obtain certification from the Department of
State pursuant to the Executive Law and the regulations promulgated thereunder.
C. The Fire Marshal and all those appointed to serve under him/her who obtains the necessary
qualifications shall exercise concurrent jurisdiction and shall also have the authority set forth in
this Section, provided, however, that the authority of the Fire Marshal and Deputy Fire Marshals
is limited to conditions which relate to fire prevention and fire/life safety.
D. The Director of Building and Code Enforcement and Fire Marshal shall have the authority to
permit the continuance of existing conditions within their respective areas of authority, not in
strict compliance with the terms of this Chapter where the exceptions do not constitute a distinct
hazard to life or property.
§8$B-6. Building Permits,
A. Building Permits Required. Except as otherwise provided in subdivision (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 Town of Queensbury.
B. Exemptions. No Building Permit shall be required for work in any of the following
categories:
1 ) Any work that falls within the exemptions contained in 19 NYCRR 21 Q3 .3(a)( 1 ); and
2) 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.
C. Exemptions are 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
subdivision (B) of this section shall not be deemed an authorization far 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 2 sets of construction documents (drawings and/or specifications) which (i)
describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed
work -wilt_w.ill 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 paragraph (5)
of subdivision (D) 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 an indication that a Building Permit will be issued. No work shall be
commenced until and unless a Building Permit is issued.
P. 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 and the Zoning Law of the Town of Queensbury. 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 and Town Zoning Law.
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 in 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 the 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 12 months following the date of issuance. Building Permits shall expire 12
months from 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,
the Energy Code of Town Zoning Law, the Code Enforcement Officer has the absolute authority
to 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, the Energy Code and Town Zoning Law; and (2) all work then
proposed to be performed shall be in compliance with all applicable provisions of the Uniform
Code, the Energy Code and Town Zoning. Law.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in section
88-B-20 (Fees) of this Chapter must be paid at the time of submission of an application for a
Building Permit, for an amended Building Permit, or for renewal of a Building Permit.
§88B-7. Construction Inspections.
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 subdivision (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, where applicable:
1 ) Work site prior to the issuance of a Building Permit;
2) Footing and foundation;
3) Preparation for concrete slab;
4) Framing;
S) 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;
1 D) 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. 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 to 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.
D. 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 the manner in which 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.
E. Pee. The fee specified in or determined in accordance with the provisions set forth in
section 88B-20 (Fees) of this Chapter must be paid prior to or at the time of each inspection
performed pursuant to this section.
§8811-8. Stop Work Orders.
A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work
Orders pursuant to this section. The Code Enforcement Officer has the authority to issue a
Stop Work Orders 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;
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 have authority to
cause a 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
registered or 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 registered or 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
Girder, 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 subdivision (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 section 88B- 19 (Violations) of this Chapter or under any other applicable local law or
State law. Any 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.
§88B-9. Certificates of Occupancy and Certificates of Compliance.
A. Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance is 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. 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, Energy Code, Town Zoning Laws and all
applicable land use approvals 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, Energy Code, Town Zoning
Laws and all applicable land use approvals. 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:
I ) 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�1 If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire
structure, a description of that portion of the structure for which the Certificate of Occupancy or
Certificate of Compliance is issued;
S) The use and occupancy classification of the structure;
6) The type of construction of the structure;
7) The occupant load of the assembly areas in the structure, if any;
8) Any special conditions imposed in connection with the issuance of the Building Permit; and
9) The signature of the Code Enforcement Officer issuing the Certificate of Occupancy or
Certificate of Compliance and the date of issuance.
U. Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to
issue a Temporary Certificate of Occupancy 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. However, in no event shall the Code Enforcement Officer issue a Temporary
Certificate of Occupancy unless the Code Enforcement Officer determines ( 1) that the building
or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be
occupied safely, (2) that any required 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 (3) that all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a Temporary Certificate of Occupancy 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 performing further
construction work in the building or structure. A Temporary Certificate of Occupancy may
also be made subject to terms and conditions intended to address ongoing obligations to
comply with Town Zoning Laws and/or land use approvals. A Temporary Certificate of
Occupancy shall be effective for a period of time, not to exceed 12 months, which shall be
determined by the Code Enforcement Officer based upon the particular circumstances
presented and such term shall be specified in the Temporary Certificate of Occupancy. During
the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit
Holder shall undertake to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code, Energy Code, Town Zoning Laws and all applicable land use
approvals.
E. Revocation or suspension of Certificates. If the Code Enforcement Officer determines that a
Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of
Occupancy was issued in error or on the basis of incorrect 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 have the absolute discretion to revoke or suspend such certificate.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 88B-20 (Fees) of this Chapter must be paid at the time of submission of an application
for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of
Occupancy.
§ 88840. Notification Regarding Fire or Explosion.
The chief of any fire department providing firefighting services for a property within the Town
of Queensbury shall promptly notify the Code Enforcement Officer and Town Fire Marshal of
any tyre or explosion involving any structural damage, fuel burning appliance, chimney or gas
vent.
§ 88B-11. Unsafe Buildings, Structures and Equipment, and conditions of imminent
clanger.
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Town of
Queensbury shall be identified and addressed in accordance with the procedures established by
Chapter 60 of the Town Code of the Town of Queensbury.
§ 88B-12 Operating Permits.
A.. Operation Permits required. Operating Permits shall be required for conducting any
process or activity or for operating any type of building, structure, or facility listed below;
1) 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;
2) 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:
a) Chapter 22, "Combustible Dust-Producing. Operations." Facilities where the operation
produces combustible dust;
b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids,
or the application of combustible powders regulated by Chapter 24 of the FCNYS;
c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or
conducting a fruit-ripening process using ethylene gas;
d) 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;
e) 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;
f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities
with more than 500 square feet (including aisles) of high-piled storage;
g) Chapter 34, "Tirc 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;
h) 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;
i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative
activity at a sugarhouse;
j) 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;
k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces."
Conducting open burning, not including recreational fires and portable outdoor fireplaces; and
1) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire,
and burning in connection with assembly areas or educational occupancies.
3) 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;
4) Buildings containing one or more assembly areas;
5) Outdoor events where the planned attendance exceeds 1 ,000 persons;
6) Facilities that store, handle or use hazardous production materials;
7) Parking garages as defined in subdivision (A) of section 88B- 15 of this Chapter;
8) 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; and
9) Other processes or activities or for operating any type of building, structure, or facility as
determined by Resolution adopted by the Town Board of the Town of Queensbury.
Any person who proposes to undertake any activity or to operate any type of building listed in
this subdivision shall be required to obtain an Operating Permit prior to commencing such
activity or operation.'
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. Exemptions. Operating Permits shall not be required for processes or activities, or the
buildings, structures, or facilities listed in paragraphs ( 1 ) through (7) of subdivision (A) of this
section, provided that the use is expressly authorized by a certificate of occupancy or certificate
of compliance, fire safety and property maintenance inspections are performed in accordance
with section 888- 13 (Fire -Safety and Property Maintenance Inspections) of this Chapter, and
condition assessments are performed in compliance with section 8813-15 (Condition
Assessments of Parking Garages) of this Chapter, as applicable.
D. 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 Operating
Permit. Such inspections shall be performed either in-person or remotely. Remote inspections
in lieu of in-person inspections may be performed when, at the discretion of the Code
Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, 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 Inspector
authorized by the Code Enforcement Officer that the premises conform with the applicable
requirements of the Uniform Code and the code enforcement program. Should a remote
inspection not afford the Town of Qiueensbury sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the premises shall be noted as
satisfactory and the operating permit shall be issued, or the operating permit holder shall be
notified as to the manner in which the premises fail to comply with either or both of the
Uniform Code and the code enforcement program, including a citation to the specific provision
or provisions that have not been met.
E. Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (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 their discretion, issue a single Operating Permit to apply to all such activities.
F. Duration of Operating Permits. Operating permits shall be issued for a specified period of
time consistent with local conditions, but in no event to exceed as follows:
I ) 180 days for tents, special event structures, and other membrane structures;
2) 60 days for alternative activities at a sugarhouse;
3) 3 years for the activities, structures, and operations determined per paragraph (9) of
subdivision (A) of this section, and
4) 1 year for all other activities, structures, and operations identified in subdivision (A) of this
section.
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.
G. 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 or conflicts with the Town Zoning
Law, such Operating Permit may be revoked or suspended.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid at the time that an application for an
Operating Permit, for an amended Operating Permit or for reissue or renewal of an Operating
Permit is submitted.
§$8B-13. Fire Safety and Property Maintenance Inspections
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 ) At least once every 12 months for buildings which contain an assembly area;
2) At least once every 12 months for public and private schools and colleges, including
any buildings of such schools or colleges containing classrooms, dormitories, fraternities,
sororities, laboratories, physical education, dining or recreational facilities; and
3) At least once every 36 months for multiple dwellings and all nonresidential occupancies.
B. 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 mare a
determination, an in-person inspection shall be performed.
C. Inspections permitted. In addition to the inspections required by subdivision (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 authorized to perform fire safety and property maintenance inspections at any
time upon:
1 ) The request of the owner of the property to be inspected or an authorized agent of such
owner;
2) 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
3) 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;
provided, however, that nothing in this subdivision shall be construed as permitting an
inspection under any circumstances under which a Court Order or Warrant permitting such
inspection is required, unless such Court Order or Warrant shall have been obtained.
D. OFPC Inspections.
1 ) 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 or other authorized entity
under Executive Law section 156-e and Education Law section 807-b.
2) Notwithstanding any other provision of this section to the contrary, the Code Enforcement
Officer may accept an inspection performed by the Office of Fire Prevention and Control or other
authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of
the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the
Code Enforcement Officer or by an Inspector, provided that:
a) The Code Enforcement Officer is satisfied that the individual performing such inspection
satisfies the requirements set forth in 19 NYCRR section 1203 .2(e);
b) The Code Enforcement Officer is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
c) Such inspections are performed no less frequently than once a year;
d) A true and complete copy of the report of each such inspection is provided to the Code
Enforcement Officer; and
e) Upon receipt of each such report, the Code Enforcement Officer takes any such
appropriate action prescribed by section 888-19 (Violations) of this Chapter that he or she deems
appropriate.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid prior to or at the time each inspection is
performed pursuant to this section. This subdivision shall not apply to inspections performed by
OFPC.
§8813-14. Complaints.
The Code Enforcement Officer shall have the power and authority to 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 complaint shall include such of the following steps as the Code
Enforcement Officer may deem appropriate:
A. Performing an inspection of the conditions and/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 section
88B- 19 (Violations) 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.
F8$B45. Condition Assessments of Parking Garages,
A. Definitions. For the purposes of this section:
1 ) The term "condition assessment" means 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;
2) The term "deterioration" means 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;
3) The term "parking garage" means 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:
a) Buildings in which the only level used for parking or storage of motor vehicles is on
grade;
o) An attached or accessory structure providing parking exclusively for a detached one-
or two-family dwelling; and
c) A townhouse unit with attached parking exclusively for such unit;
4) The term "professional engineer" means 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;
5) The term "responsible professional engineer" means 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 with being the responsible
professional engineer for such condition assessment;
6) The term "unsafe condition" includes the conditions identified as "unsafe" in section
304. 1 . 1 , section 305. 1 . 1 , and section 306. 1 . 1 of the PMCNYS; and
7) The term "unsafe structure" means 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 subdivision (C) of this section, periodic condition assessments as described in subdivision (D)
of this section, and such additional condition assessments as may be required under subdivision
(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 Town in accordance with the requirements of subdivision (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
ga"ge.
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 this Chapter that has not
undergone an initial condition assessment shall undergo an initial condition assessment prior to
June 1 , 2023.
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 3 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 subdivision (D) 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 Town becomes aware of any new or increased deterioration which, in the judgment
of the Town, 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 subdivision (D) 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 Town to be appropriate under the circumstances.
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 Town within the time directed to do so. 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 Town shall take such enforcement action or
actions in response to the information in such condition assessment report as may be deemed
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 Town may,
by Order to Remedy or such other means of enforcement as the Town 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 subdivision (F). 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 Town 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 Town 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 Town with a written statement attesting
to the fact that he or she has been so engaged, the Town shall make the previously prepared
condition assessment reports for such parking garage (or copies of such reports) available to
such professional engineer. The Town 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.
1) This section shall not limit or impair the right or the obligation of the Town:
a) To perform such construction inspections as set forth in section 88B-7 (Construction
Inspections) of this Chapter;
b) To perform such periodic fire safety and property maintenance inspections as set forth in
section 8813-13 (Fire Safety and Property Maintenance Inspections) of this Chapter; and/or
c) 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 Town 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.
§88B-16. Climatic and Geographic Design Criteria.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria
for buildings and structures constructed within the Town of Queensbury as required by the
Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code
using, where applicable, the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily be limited to, the
following:
1 ) Design criteria to include ground snow load; wind design loads; seismic category; potential
damage from weathering, frost, and termite; winter design temperature; whether ice barrier
underlayment is required; the air freezing index; and the mean annual temperature;
2) Heating and cooling equipment design criteria for structures within the scope of the
RCNYS. The design criteria shall include the data identified in the Design Criteria Table found
in Chapter 3 of the RCNYS; and
3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall
include, at a minimum, special flood hazard areas as identified by the Federal Emergency
Management Agency in the Flood Insurance Study for the community, as amended or revised
with:
a) The accompanying Flood Insurance Rate Map (FIRM);
b) Flood Boundary and Floodway Map (FBFM); and
c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and
geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain
such record within the office of the Code Enforcement Officer, and shall make such record
readily available to the public.
§88B-17. Record Keeping.
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
10) All other features and activities specified in or contemplated by sections 8813-6 through
88B-16, inclusive, of this Chapter.
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.
§8813-18. Program Review and Reporting.
A. The Code Enforcement Officer shall annually submit to the Town Board of the Town of
Queensbury a written report and summary of all business conducted by the Code Enforcement
Officer and the Inspectors, including a report and summary of all transactions and activities
described in section 88B- 16 (Record Keeping) of this Chapter and a report and summary of all
appeals or litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf
of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town
relative to administration and enforcement of the Uniform Code.
C. 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 the Town 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.
§881349. Violations.
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 to
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 the 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 thirty (30)
days after the date of this Order to Remedy."
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 thirty (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 thirty (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. When an Order to Remedy is issued, to be effective, the Code Enforcement
Officer must cause the Order to remedy, or a copy thereof, to be served on the owner of the
affected property personally or by registered mail or certified mail within five (5) 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
registered mail or certified mail within five (5) 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 Compliance Order.
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 such other penalties as may be prescribed 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
no*_ more than $50 per day of violation, or imprisonment not exceeding 15 days, or both; 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 pay a civil penalty of not more than $50 for each day or part thereof during which such
violation continues. The civil penalties provided by this paragraph shall be recoverable in an
action instituted in the name of the Town of Queensbury.
D. injunctive Relief An action or proceeding may be instituted in the name of the Town of
Queensbury, 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 the
Town of Queensbury 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.
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 Chapter, 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 section 88B-8 (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 -section 8813-8 (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 section 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.
§88B-20. Fees.
A fee schedule shall be established by Resolution of the Town Board of the Town of
Queensbury. 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 Chapter.
§88B-21. Intermunieipal Agreements.
The Town Board of the Town of Queensbury may, by Resolution, authorize the Town Supervisor
to enter into an Agreement in the name of the Town of Queensbury with any other governments
to carry out the terms of this Local Law, provided that such Agreement does not violate any
provision of the Uniform Code, the Energy Code, Fart 12-3 of Title 19 of the NYCRR or any
other applicable law.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict
with-any-part of this Local Law are hereby repealed.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
LOCAL LAWS\Chapter 88A Enforcement Officials and Personnel — May 1 2023
LOCAL LAW NO. c OF 2023
A LOCAL LAW REPEALING AND REPLACING TOWN CODE
CHAPTER 88 ENTITLED "FIRE PREVENTION AND BUILDING
CONSTRUCTION" WITH NEW CHAPTER 88A ENTITLED
"ENFORCEMENT OFFICIALS AND PERSONNEL"
BE IT ENACTED BY THE QUEENSB URY TOWN BOARD AS FOLLOWS:
ARTICLE 1, Intent; Authority —Prior to adoption of this Local Law, Chapter 88 set forth the
various officials responsible for enforcing the various provisions of Local and State laws and
regulations and also established certain substantive obligations pertaining to the New York State
Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy
Conservation Construction Code (the Energy Code). Certain State Regulatory changes to 19
NYCRR Part 1203 have necessitated revisions to local provisions concerning such matters. As a
result, it became necessary to divide prior Chapter 88 into Chapter 88A (addressing provisions
pertaining to enforcement officials) and Chapter 88B to {addressing specific changes to
enforcement of the State Uniform Code and Energy Code.
ARTICLE 2. Chapter 88 of the Town Code entitled "Fire Prevention and Building Construction
is hereby repealed and Chapter 88A of the Queensbury Town Code, entitled "Enforcement
Officials and Personnel" is hereby enacted as follows:
§ 88A-1. Title.
This Chapter shall be known as "Enforcement Officials and Personnel"."
§ 88A-2. Intent.
It is the intent of this Chapter to provide for the continuation of administration and enforcement
of the provisions of all applicable laws, codes, ordinances, regulations
§ 88A-3. Department of Building and Code Enforcement; Director.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation of the Department 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 Code Enforcement shall continue to
be charged with the duty to enforce said Chapter 179 (Zoning), Chapter A, 183 (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.
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, to the Town Board.
3) Other employees. The Town Board may appoint such other employees as may be
deemed necessary or desirable 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 or her 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 Director of Building
and Conde Enforcement and to exercise all the powers conferred upon him or her by
this Chapter.
§ 88A-5. Fire Marshal.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation of 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 the 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. One or more Deputy Fire Marshals may be appointed by the
Town Board at an annual salary to be determined by the Town Board. These
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. Each Deputy Fire Marshal shall
report to the Fire Marshal and, when requested, to the Town Board.
3) Other employees. The Town Board may appoint such other employees as may be
deemed necessary or desirable to carry out the functions of this 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 or her
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
Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this
Chapter:
§ 88A-6. Zoning Administrator.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation 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.
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 otherwise 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 or her by this Chapter.
§ 8$A-7. Powers and duties of Director, Fire Marshal and Zoning Administrator.
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 have
the authority to 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 New York State Town Law § 138 and shall have the authority set
forth in Town Code Chapter 88B.
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 and shall have the
authority set forth in Town Code Chapter 88B.
C. .Zoning Administrator. Except as otherwise provided by law, ordinance, rule or regulation,
the Zoning Administrator shall administer and enforce Chapter 179 (Zoning), Chapter
A 183 (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:
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 Al83 (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.
S) Attending meetings of the Zoning Board, Planning Board and Town Board when
appropriate.
6) Making site visits when appropriate.
D. .Point 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, as set forth in Chapter 88B.
E. Other duties.
1 ) The Director of Building and Code Enforcement and/or the Fire Marshal, as may be
appropriate, shall have the authority to 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 have the authority to
perform such other duties as may be assigned by the Town Board by Local Law or
Ordinance.
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.
§ 88A-8. Powers and duties of assistants and deputies; notification of fire or explosion.
A. All Assistant Building Inspectors, Code Enforcement Officers and Deputy Fire Marshals
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 or Ordinance.
B. The chief of any fire department or volunteer fire company providing fire-fighting services
for properties within the Town of Queensbury 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 dent.
§ 88A-9. Cooperation of other departments.
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.
§ 88-10. Applicability of standards.
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator, as
may be appropriate, shall have the discretion to permit the continuance of existing conditions
within their respective areas- of authority, not in strict compliance with the terms of this Chapter
or other provisions of this Town Code where the exceptions do not constitute a distinct hazard to
life or property.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any bather clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict
with any part of this Local Law are hereby repealed, including Town Code Chapter 88.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State.