3.04 3.4
LOCAL LAWS\Set Public Hearing\Chapter 88—Parking Garages—Incorporate New DOS Regs—12-3-18
REVISED
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: OF 2018 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION"
TO INCORPORATE AND REFERENCE NEW DEPARTMENT OF STATE
REGULATIONS AFFECTING PARKING GARAGES
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2018 to amend Queensbury Town Code Chapter 88 "Fire Prevention and Building
Construction," to incorporate and reference new New York State Department of State
regulations affecting parking garages, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law,
WHEREAS, the Town Board therefore wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday,
December 17* Y4, 2018 to consider proposed Local Law No.: of 2018 in substantially the form
presented at this meeting and to hear all interested persons, and at that time may take any other actions
authorized by law concerning proposed Local Law No.: of 2018, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public
Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public
Hearing.
Duly adopted this 3rd day of December, 2018,by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapter 88—Parking Garage Inspections LL— 12-17-18
LOCAL LAW OF 2018
AMENDING QUEENSBURY TOWN CODE SECTION 88-23 TO
INCORPORATE AND REFERENCE NEW DEPARTMENT OF
STATE REGULATIONS AFFECTING PARKING GARAGES
BE IT ENACTED by the Queensbury Town Board as follo►vs:
ARTICLE 1. The Queensbury Town Code is hereby amended as set forth below.
A. Queensbury Town Code § 88-23 (A) is amended as follows:
A. Operating permits required.
(1) Operating permits shall be required for conducting the activities or using the
categories of buildings listed below:
(a) Manufacturing, storing or handling hazardous materials in quantities exceeding
those listed in the applicable Ttables 2703�-,-�-,-2703. _ _ _
ei-
2703.1.10) in the pablication—€-nt fled -'FiFe COcie NeNV i vni State!:—E'
ineet--Faf-at-d- by i-et€atenee in P N1 R I—�� of the latest edition of the
International fire Code (incorporated by reference in 19 NYCRR Part 1225)•
(b) Hazardous processes and activities, including, but not limited to, commercial
and industrial operations which produce combustible dust as a by-product, fruit
and crop ripening, and waste handling;
(c) Use of pyrotechnic devices in assembly occupancies;
(d) Buildings containing one or more areas of public assembly with an occupant
load of 100 persons or more; a-ad
(e) Parkin. <_=araaes as defined in 19 NYCRR Section 1203.3 (i)(2)(iv): and
b
(� Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted by the
Town Board of the Town of Queensbury.
(2) Any person who proposes to undertake any activity or to operate any type of
building listed in this Subsection A shall be required to obtain an operating permit
prior to commencing such activity or operation and to comply "\-ith anv and all
related requirements incorporated into this Law pursuant to Section 88-3. In the
case of parking garages. the owner and/or operator must demonstrate compliance
with the provisions of 19 NYCRR Section 1203.3 (i) including. but not limited to,
the timely submission of Condition Assessments.
ARTICLE 2. 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 3. 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 4. This Local Law shall take effect upon filing in the office of the New York
State Secretary of State.
D
LOCAL LAWS\Chapter 88—Parking Garage Inspections LL—FINAL—12-17-18
LOCAL LAW OF 2018
AMENDING QUEENSBURY TOWN CODE SECTION 88-23 TO
INCORPORATE AND REFERENCE NEW DEPARTMENT OF
STATE REGULATIONS AFFECTING PARKING GARAGES
BE IT ENACTED by the Queensbury Town Board as follows:
ARTICLE 1. The Queensbury Town Code is hereby amended as set forth below.
A. Queensbury Town Code § 88-23 (A) is amended as follows:
A. Operating permits required.
(1) Operating permits shall be required for conducting the activities or using the
categories of buildings listed below:
(a) Manufacturing, storing or handling hazardous materials in quantities exceeding
those listed in the applicable tables of the latest edition of the International Fire
Code (incorporated by reference in 19 NYCRR Part 1225);
(b) Hazardous processes and activities, including, but not limited to, commercial
and industrial operations which produce combustible dust as a by-product, fruit
and crop ripening, and waste handling;
(c) Use of pyrotechnic devices in assembly occupancies;
(d) Buildings containing one or more areas of public assembly with an occupant
load of 100 persons or more;
(e) Parking garages as defined in 19 NYCRR Section 1203.3 0)(2)(iv); and
(f) Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted by the
Town Board of the Town of Queensbury.
(2) Any person who proposes to undertake any activity or to operate any type of
building listed in this Subsection A shall be required to obtain an operating permit
prior to commencing such activity or operation and to comply with any and all
related requirements incorporated into this Law pursuant to Section 88-3. In the
case of parking garages, the owner and/or operator must demonstrate compliance
with the provisions of 19 NYCRR Section 1203.3 0) including, but not limited to,
the timely submission of Condition Assessments.
ARTICLE 2. 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 3. 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 4. This Local Law shall take effect upon filing in the office of the New York
State Secretary of State.