2.1 2.1
LOCAL LAWS&ORDINANCESTNACTMENIThapter 88—Parking Garages—Incororate New DOS Regs—12-17-18
RESOLUTION ENACTING 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, this legislation is authorized in accordance with New York State Municipal Home
Rule Law §10 and Town Law Article 16, and
WHEREAS, the Town Board duly held a public hearing on Monday, December 17ffi, 2018 and
heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: of 2018 to
amend Queensbury Town Code Chapter 88 "Fire Prevention and Building Construction," as
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State.
Duly adopted this 17ffi day of December, 2018,by the following vote:
AYES
NOES
ABSENT:
1p
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.