LL 10 Admin/ Enforcement/ Fire / Building & Codes • °lease Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended.Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
SAW
of .. .Queensbury. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
Town
1�{e�
Local Law No. . . . .10 . . . . . . . . . . . . . . . . . . of the year 19 .gq. . . . . . .
A local law Providing for the Administration and Enforcemgr}1i of,the.State.UuifQrm.Fire. . . . . . . . . .
. . . . . . . . . . . . . . .. . . .
(Insert tit )
Prevention and Building Code and Related Laws, odes, Ordinances and Regulations
Be it enacted by the . . . .Town Board. .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . of the
(Name of Legislative Body)
of . . . . . . %ueensburY. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as follows:
a�7 X
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS:-
SECTION 1: Title.
This Local Law shall be known as "A Local Law Providing for the Administration
f and Enforcement of the State Uniform Fire Prevention and Building Code and Related
Laws, Codes, Ordinance, and Regulations."
SECTION 2: Intent.
It is the intent of this Local Law to provide for the administration and
enforcement of the provisions of all laws, codes, ordinances, regulations and orders
applicable to:
A. The location, design, materials, construction, alteration, repair, equipment,
maintenance, use, occupancy, removal and demolition of buildings,
structures and appurtenances located in the Town of Queensbury.
B. Fire prevention and fire safety regulations consistent with nationally
recognized good practice for the safeguarding of life and property from
the hazards of fire and explosions arising from hazardous conditions in
the use or occupancy of buildings or premises and from the storage and
use of hazardous substances, materials and devices.
SECTION 3: Adoption of Standards.
The Town Board of the Town of Queensbury hereby adopts and ratifies any
previous adoption of the New York State Uniform Fire Prevention and Building Code,
if any, (henceforth referred to as the Uniform Code) and all subsequent amendments
thereto.
SECTION 4: Department of Building and Codes.
(it additional space is needed,please attach sheets of the same size as this and member each)
(1)
y y
a ,
A. The Town Board of the Town of Queensbury does hereby acknowledge
and ratify the establishment of the department to be known as the
"Department of Building and Code Enforcement" hereinafter referred
to as "Department."
B. Purpose.
The purpose of this Department is for the administration and enforcement
of the provisions of all laws, ordinances, rules, regulations and orders
applicable to the location, design, materials, construction, alteration, repair,
equipment, maintenance, use, occupancy, removal and demolition of
buildings, structures and appurtenances located in the Town.
C. Personnel.
(1) Director of Building & Code Enforcement: The Department shall
be headed by a Town Official designated as the "Director of Building
& Code Enforcement." The Director of Building & Code Enforcement
shall be appointed by the Town Board at a compensation to be fixed
by it. The Director of Building & 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 (1) or more "Assistant Building Inspectors
and Code Enforcement Officers" as the need may appear, at a
compensation to be fixed by it. The Assistant Building Inspectors and
Code Enforcement Officers shall report to the Director of Building
and Code Enforcement and when requested, directly to the Town Board.
(3) Other employees. The Town Board may appoint such other employees
as may be deemed necessary to carry out the functions of the
Department. The compensation of such employees shall be fixed by
the Town Board.
(4) Acting Director of Building & Code Enforcement. In the absence of
the Director of Building & Code Enforcement, or in the case of his
inability to act for any reason, the Town Supervisor shall have the power,
with the consent of the Town Board, to designate a person to act on
behalf of the Director of Building & Code Enforcement and to exercise
all the powers conferred upon him by this Local Law.
SECTION 5: Office of Fire Marshal
A. The Town Board of the Town of Queensbury does hereby establish the
office to be known as the "Office of the Fire Marshal."
B. Purpose. The purpose of this Office is for the administration and
(2)
e
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 and at an annual salary to
be determined by said Town Board. The Fire Marshal shall report directly
to the Town Board and Town Supervisor and shall not be under the
jurisdiction of any other Town Department.
(2) Deputy Fire Marshal. The Deputy Fire Marshal(s) may be appointed
by the Town Board at an annual salary to be determined by said Town
Board. Their appointments shall continue at the pleasure of the Town
Board. Each Deputy Fire Marshal shall have the authority to make
fire prevention inspections under Chapter C of the Uniform Code.
A copy of any inspection report or other report of other official action
shall be filed with the Fire Marshal. The Deputy Fire Marshal shall
report to the Fire Marshal and when requested, directly to the Town
Board.
(3) Other employees. The Town Board may appoint such other employees
as may be deemed necessary to carry out the functions of the Office.
The compensation of such employees shall be fixed by the Town Board.
(4) Acting Fire Marshal. In the absence of the Fire Marshal or in the case
of his inability to act for any reason, the Town Supervisor shall have
the power, with the consent of the Town Board, to designate a person
to act on behalf of the Fire Marshal and to exercise all the powers
conferred upon the Fire Marshal by this Local Law.
SECTION 6: Powers and Duties of Building Inspector and Fire Marshal.
A. Director of Building & Code Enforcement. Except as otherwise provided
by law, ordinance, rule or regulation, the Director of Building & Code
Enforcement shall administer and enforce all provisions of laws, codes,
ordinances, rules, regulations and orders applicable to the location, design,
materials, construction, alteration, repair, equipment, maintenance, use,
occupancy, removal, and demolition of buildings, structures, and
appurtenances thereof not specifically delegated as responsibilities of
the Fire Marshal. Further, the Director of Building & Code Enforcement
shall have all authority, powers, duties, and responsibilities, provided
the Building Inspector as such position, is defined and provided for under
Town Law §138.
B. Fire Marshal. Except as otherwise provided by law, ordinance, rule, or
regulation, the Fire Marshal shall administer and enforce all laws, codes,
(3)
ordinances, rules, regulations and orders applicable to fire prevention and
fire/life safety. The Fire Marshal shall administer and enforce Chapter
B, Parts 790-794, and Chapter C, Parts 1150-1197, of the Uniform Code.
C. Joint responsibilities on Uniform Code. The Director of Building & Code
Enforcement and the Fire Marshal shall jointly administer and enforce
those provisions of the Uniform Code dealing with building construction
related to fire prevention and fire/life safety.
D. Other duties.
(1) The Director of Building & Code Enforcement and/or the Fire Marshal,
as may be appropriate, shall issue notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during
construction or demolition and to assure compliance with all applicable
laws, codes, ordinances, rules and regulations.
(2) The Director of Building & Code Enforcement and Fire Marshal 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 local law, the Director of Building
& Code Enforcement and Fire Marshal shall perform such other duties
as may be assigned by the Town Board by Local Law.
SECTION 7: Assistant Building Inspector and Code Enforcement Officers,
and Deputy Fire Marshal.
The Assistant Building Inspectors and Code Enforcement Officers, and Deputy
Fire Marshal(s) provided for herein, shall have any or all of the authority, powers, duties,
and responsibilities of the Director of Building & Code Enforcement or Fire Marshal,
as may be assigned or delegated by the said respective Director or Fire Marshal or the
Town Board by Local Law.
SECTION 8: Cooperation of Other Departments with Director of Building
do Code Enforcement and Fire Marshal.
The Director of Building & Code Enforcement and Fire Marshal 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.
SECTION 9: Applicability of Standards.
A. The provisions of the Uniform Code relating to maintenance, housekeeping
and behavior regulations so as to protect life and property against the
hazards of fire, explosion and the release of toxic gases arising from the
(4)
storage, handling or use of combustible or hazardous substances, materials
or devices shall apply equally to new and existing buildings and conditions.
B. The Director of Building & Code Enforcement and/or Fire Marshal, as may
be appropriate, shall have the authority to permit the continuance of existing
conditions not in strict compliance with the terms of this Local Law where
the exceptions do not constitute a distinct hazard to life or property.
SECTION 10: Variances; Immediate Removal of Hazards.
A. Whenever the Director of Building & Code Enforcement or Fire Marshal
shall disapprove an application or refuse to grant a permit applied for
or when it is claimed that the provisions of the Uniform Code do not apply
or that the intent and meaning of this Local Law have been misconstrued
or misinterpreted, the person affected may apply for a variance under
the provisions of the New York State Uniform Fire Prevention and Building
Code or take such other and further legal action as allowed or provided
by law.
B. The procedures set forth herein for a variance or legal action shall not
prohibit the Director of Building & Code Enforcement or Fire Marshal
from immediately removing a hazard or ordering the immediate closing
of a building or premises until a violation of this Local Law has been
corrected when such hazard or existence of such violation constitutes a
distinct hazard to life or public safety, unless otherwise provided by law
or a court of law.
SECTION 11: Permits Required in Certain Cases; Applications.
A. No person, firm or corporation shall commence erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion
or installation therein of any building, structure, or component thereof,
or change in use or occupancy of any building, structure, or component
thereof, without first obtaining appropriate required permits from the
Director of Building & Code Enforcement or Fire Marshal. No permit
shall be required for construction work which is not structural in nature
and does not entail installation of plumbing, electrical, heating or
ventilation systems or components in addition to such systems already
in use. No permit shall be required for work of an ordinary replacement
or maintenance nature, except as otherwise stated in this Local Law.
B. Application for a permit shall be made, on forms provided by the Town
and approved by the Town Board, by the owner or lessee or the agent of
either or by the architect, engineer or builder employed in connection with
the proposed work.
C. Each application for a permit shall be accompanied by duplicate copies
of plans and specifications, including plot plans, drawn to scale, showing
the location and size of all proposed new construction, as well as the
location of all existing structures on the site, distances from lot lines,
the relationship of structures on adjacent property, widths and grades
(5)
of adjoining streets, walks and alleys, watercourses, easements, and utilities
on the property. Said plans and specifications shall show the size of all
proposed new construction, describe the nature and character of the work
to be performed and all materials to be incorporated and, where required
by the Building Inspector, details of structural, plumbing, mechanical
and electrical work, including computations, stress diagrams and other
essential data.
D. The aforementioned requirements of this section may be waived by the
Director of Building & Code Enforcement or where appropriate, the Fire
Marshal, where it appears that strict application of this section would
create an undue hardship and where it further appears that the strict
application of this section would not result in a violation by the applicant
of any of the other sections of this Local Law or of any other ordinance,
rule, or regulation.
E. Plans and specifications shall bear the signature of the person responsible
for the design and drawings and, where required by §7302, as amended,
of Article 147 of the Education Law of the State of New York, the seal
of a licensed architect or a licensed professional engineer.
F. In addition to other permits authorized by law or regulation or hereunder,
the Fire Marshal shall issue all permits for solid fuel-burning appliances,
chimneys and/or flues, and such other permits as may be provided for,
hereunder. It will still be necessary to obtain a permit from the Department
of Building and Code Enforcement but a joint permit may be employed
and inspections joined as may be provided for by the Director of Building
and Codes and Fire Marshal.
G. Amendments to any application, plan or specification may be filed at
any time prior to commencement of the work. Such amendments shall
likewise be subject to the approval of the Director of Building & Code
Enforcement and/or Fire Marshal, as may be appropriate.
SECTION 12: Issuance or Denial of Permits; Nontransferability; Extensions;
Authorization of Inspections; Consolidated Permits.
A. The Director of Building & Code Enforcement and/or Fire Marshal, as
may be appropriate, shall review or cause to be reviewed applications
for permits, together with the plans, specifications and documents filed
therewith.
B. Upon the payment of the required fee and upon satisfactory proof being
given that the applicant is in compliance with the applicable provisions,
rules and regulations of this Local Law, a permit may be issued by and
bear the name and signature of the Director of Building & Code Enforcement
or Fire Marshal, as may be appropriate.
C. Any permit granted hereunder shall be limited only to the activity
authorized on said permit, and its continued validity shall be subject to
the conditions set forth on said permit.
(6)
D. Any permit granted hereunder shall not be transferable, except when
transfer is approved by the appropriate official, and any change in
the activity, size, extent, or type of operation, location, ownership,
or use shall require a new permit.
E. Permits shall continue until revoked as provided for herein or for a period
Of time designated at the time of issuance. An extension of the permit
time period may be granted, as provided for under Section 14, provided
that satisfactory justification can be shown for failure to start or complete
the work or activity authorized within the required time period.
F. Any application for or acceptance of any permit issued or requested pursuant
to this Local Law constitutes agreement and consent by the person making
application or accepting the permit to allow the Director of Building &
Code Enforcement and/or Fire Marshal to enter upon the premises at any
time to conduct inspections as required by this Local Law. Refusal to
allow the Director of Building & Code Enforcement or Fire Marshal to
conduct said inspections of the premises and their records related to such
permit or required to be maintained by this Local Law shall constitute
sufficient justification for the summary and immediate revocation or
suspension of said permit. In addition, should the Director of Building &
Code Enforcement or Fire Marshal deem it necessary, either may make
an application to any court of competent jurisdiction to obtain a warrant
authorizing an inspection of the premises in question.
SECTION 13: Fees.
A schedule of fees currently in effect as an amendment to Ordinance #30
of the Town of Queensbury shall be the effective schedule of fees, unless further amended
or modified, by the Town Board as provided herein. The Town Board is hereby authorized
to amend said schedule of fees to vary the fees assessed or establish additional fees by
resolution adopted after the holding of a public hearing, at which any person interested
in the subject matter of the fee schedule, may be heard, relative to the proposed
amendment to the schedule of fees. Notice of the public hearing shall set forth each
inspection, matter, or item for which a fee is to be amended or a new fee to be established,
and the amount of the fee. The notice of public hearing shall be posted on the Town
Clerk's sign board, provided in accordance with the Town Law of the State of New York,
and published in the official newspaper of the Town of Queensbury, at least ten (10) days,
but not more than twenty (20) days prior to the public hearing.
SECTION 14: Commencement and Performance of Work; Posting of Permits.
A. A building permit or permit issued by the Fire Marshal, shall be effective
to authorize the commencing and continuance of work authorized by that
particular permit in accordance with the application, plans and
specifications on which it is based for a period of twelve (12) months after
the date of issuance. For good cause shown, the Director of Building
& Code Enforcement, or where appropriate, the Fire Marshal, may allow
a maximum of two (2) extensions for commencement of such work for
periods not exceeding six (6) months each. Other permits shall be effective
as stated in other sections of this law.
(7)
B. The issuance of a permit shall constitute authority to the applicant to
proceed with the work in accordance with all applicable laws, codes,
ordinances, rules and/or regulations.
C. A building permit or permit issued by the Fire Marshal shall become void
if construction does not commence within one (1) year after the date
of its issuance, unless extended as provided in Subsection A above.
D. Permits issued by the Director of Building & Code Enforcement and Fire
Marshal shall be kept posted in a conspicuous place on the property or
premises covered by the permit for as long a period of time as the permitted
activity continues. Such permits issued by the Fire Marshal shall be valid
for the period so stated on said permit and shall be renewed as required
upon the application therefor and the payment of the applicable permit
f ee.
SECTION 15: Revocation or Suspension of Permits.
A. The Director of Building & Code Enforcement and Fire Marshal shall have
the authority to revoke permits issued by them as follows:
(1) Where it is found that there have been false statements or
misrepresentations as to a material fact in the application, plans, or
specifications upon which the permit was granted.
(2) Where it is found that the permit was issued in error and should not
have been issued in accordance with the applicable laws, codes,
ordinances, rules, or regulations.
(3) Where the person to whom the permit has been issued fails or refuses
to comply with a stop-work order duly issued by the Director of Building
& Code Enforcement.
B. In the event of a violation of the code, the Fire Marshal may, in addition
to the other penalties provided for herein, suspend said permit until such
time as the violation is corrected. Should the Fire Marshal determine that
the violation constitutes a distinct hazard to life or public safety, he may
order the premises secured immediately until said violation is corrected.
SECTION 16: Stop-Work Orders.
A. Whenever the Director of Building & Code Enforcement has reasonable
grounds to believe that the work on any building or structure is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance, rule or regulation or is not in conformity
with any of the provisions of the application, plans, or specifications on
the basis of which a permit was issued or is being conducted in an unsafe
or dangerous manner, he shall notify either the owner of the property
or the owner's agent or the person, firm, or corporation performing the
work to immediately suspend all work. In such instance, any and all persons
shall immediately suspend all related activities until the stop-work order
(8)
has been duly rescinded.
B. Such stop-work order shall be in writing on a form prescribed by the Town
Board of the Town of Queensbury and shall state the reason for the stop-work
order, together with the date of issuance. The stop-work order shall bear
the signature of the Director of Building & Code Enforcement or that of
an assistant and shall be prominently posted at the work site.
SECTION 17: Inspections.
A. A schedule of required inspections shall be made available to all applicants
for permits.
B. It shall be the responsibility of the owner or his agent to notify the Director
of Building & Code Enforcement and/or Fire Marshal when work is ready
for each required inspection.
C. Inspections of all work authorized by a building works permit shall be
requested by notification to the Department of Building & Code
Enforcement in not less than one (1) working day prior to the time the
inspection is to be scheduled unless otherwise approved by the Director
of Building & Code Enforcement. All inspections shall be scheduled on
regular working days during normal working hours.
D. For all other inspections, the points of construction and times when such
construction shall be required, the specific requirements as to the advance
time for inspection requests and the acceptable means of notification
shall be by the discretion of the Director of Building & Code Enforcement
and/or Fire Marshal or in accordance with the established procedures
and rules and regulations.
E. Failure to request a required inspection shall be cause for rejection of
the work or an order to expose the work for inspection.
F. Where permits are required, the Director of Building & Code Enforcement
and/or Fire Marshal may at all reasonable hours enter any building or
premises within the Town of Queensbury for the purpose of making the
required inspections.
G. The Fire Marshal may at any reasonable hour enter any building, with
the exception of a dwelling, for the purpose of making any inspection
or investigation to ensure compliance with the provisions of this Local
Law and the Uniform Code.
H. Should entrance to make an inspection be refused or permission to enter
be unable to be obtained, application may be made for a warrant to make
such inspection to any court of competent jurisdiction.
SECTION 18: Certificates of Occupancy and/or Certificate of Compliance
Required.
A. A certificate of occupancy shall be required for any building, structure,
(9)
or portion thereof containing habitable space. A certificate of compliance
shall be required for any structure, building, or portion thereof for which
a certificate of occupancy is not provided.
B. No building hereafter erected shall be used or occupied in whole or in part
until the appropriate certificate of occupancy or certificate of compliance
shall have been duly issued by the Director of Building & Code Enforcement.
C. No building hereafter enlarged, extended or altered, or upon which work
has been performed which required the issuance of a permit, shall continue
to be occupied or used for more than thirty (30) days after the completion
of the alteration or work unless the appropriate certificate of occupancy
or certificate of compliance shall have been issued by the Director of
Building & Code Enforcement.
SECTION 19: Issuance of Certificates of Occupancy or Certificate of
Compliance.
A. When, after final inspection, it is found that the proposed work has been
fully completed in accordance with all applicable building laws, ordinances,
rules and regulations, and also in full accordance with the application,
plans and specifications filed in connection with the issuance of the permit,
the Director of Building & Code Enforcement shall issue the appropriate
certificate of occupancy or certificate of compliance upon the form
provided by his Department. In the event that it is found that all proposed
work has not been properly completed, the Director of Building & Code
Enforcement shall refuse to issue the appropriate certificate of occupancy
or certificate of compliance and shall order the work completed in
conformity with the applicable building regulations.
B. The appropriate certificate of occupancy or certificate of compliance
shall certify that the work has been completed and that the proposed use
and occupancy are in conformity with the provisions of the applicable building
laws, ordinances and regulations, and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts may
be put.
C. The owner or his agent may be required to submit to the Department
an instrument survey map showing the true location of the new building
or additions in reference to all the property lines and existing structures.
The Director of Building & Code Enforcement may waive this requirement
for minor additions or instances where the Director feels the same is
unnecessary.
SECTION 20: Temporary Certificates of Occupancy/Certificates of Compliance.
Upon request, the Director of Building & Code Enforcement may issue a
temporary certificate of occupancy or certificate of compliance for a building or structure,
(10)
r
or parts thereof, before the entire work covered by the permit shall have been completed,
provided that such portion or portions as have been completed may be occupied safely
without endangering life or public welfare. A temporary certificate of occupancy or
certificate of compliance shall remain effective for a period not exceeding thirty (30)
days from its date of issuance. For good cause the Director of Building & Code
Enforcement may allow a maximum of three (3) extensions for periods not exceeding
thirty (30) days each.
SECTION 21: Permits for Special Occupancy or Storage of Hazardous Materials.
A. Permits shall be obtained from the Fire Marshal, in addition to any other
required approvals, for the following:
(1) Combustible fibers. To store, handle or use combustible fibers in
quantities in excess of one hundred (100) cubic feet, except for
agricultural products on a farm.
(2) Combustible materials. To store combustible materials, including but
not limited to empty combustible packing cases, boxes, barrels or similar
containers, rubber tires, baled cotton, rubber, cork or other similar
materials, in excess of three thousand five hundred (3,500) cubic feet
gross volume, on any premises.
(3) Compressed gases.
(a) To store, handle, or use at normal temperatures and at pressures more
than:
[11 Two thousand (2,000) cubic feet of flammable compressed gas, or
[21 Six thousand (6,000) cubic feet of nonflammable compressed gas.
(b) To store, handle or use any quantity of liquefied hydrogen gas.
,(4) Explosives, ammunition, pyrotechnics, and blasting agents.
(a) To manufacture, possess, store, sell, or otherwise dispose of
explosives and blasting agents.
(b) To use explosives or blasting agents.
(c) To operate a terminal for handling explosives or blasting agents.
(5) Flammable and combustible liquids.
(a) For processing, blending or refining of flammable or combustible liquids.
(b) To install, alter, or replace any underground or aboveground tank, pump,
piping, and other equipment relating to the storage of flammable and
combustible liquids.
(6) Flammable finishing. For spraying, coating, or dipping operations utilizing
flammable or combustible liquids.
(7) Hazardous materials and/or chemicals. To store, handle or use more than
fifty-five (55) gallons of corrosive liquids; or more than fifty (50) pounds of
oxidizing materials; or more than ten (10) pounds of organic peroxides; or more
(11)
than fifty (50) pounds of nitromethane; or one thousand (1,000) pounds or more
ammonium nitrate fertilizers and fertilizer mixtures containing fifty percent
(50%) or more of ammonium or any amount of toxic materials or poisonous
gas or poisons, irritants, radioactive, etiologic, dangerous when wet, or unstable
chemicals/materials.
(8) Liquefied petroleum gas. For each installation of liquefied petroleum
gas employing a container or an aggregate of interconnected containers
of five hundred (500) gallons or more water capacity, and for each
permanent installation, irrespective of the size of containers, made
at buildings in which twenty (20) or more persons congregate for civic,
political, educational, religious, social, or recreational purposes.
Installers shall maintain a record of all installations and replacements
of portable cylinders, and shall have it available for inspection.
(9) Waste oil heater. To operate, maintain or use a waste oil heater in
any service station, self-service station or repair garage.
B. All such permits as herein required shall be valid for a period of one (1)
year and shall be renewed yearly upon application therefor and the payment
of the permit fee as herein required.
SECTION 22: Supplementary Administrative Procedures Established.
Whereas the New York State Uniform Fire Prevention and Building Code makes
reference to various subjects dealing with fire protection and fire prevention practices
and provides only general procedures for administering said Code, it is hereby deemed
necessary and appropriate to set forth additional administrative and enforcement
procedures for the Town of Queensbury to enable the Director of Building & Code
Enforcement and/or the Fire Marshal to effectively enforce the provisions of this Local
Law. The specific areas of fire protection and/or fire prevention which are the subject
of these additional administrative provisions are set forth herein and each subject is
referenced to the applicable section of the Uniform Code where such subject is addressed.
SECTION 23: Emergency Access.
Reference: Part 1161, Uniform Code.
A. All premises and buildings in the Town of Queensbury which a fire
department may be called upon to protect in case of fire, shall be provided
with suitable access roads and fire lanes so that all buildings on the premises
are accessible. Where new construction or additions to existing structures
are proposed, the Fire Marshal shall recommend to the Planning Board
or other agency or board responsible for the approval of such new
construction or addition, the location of access roads and fire lanes. During
construction and until such time as permanent roads and/or fire lanes
are in place, suitable access roads shall be constructed and maintained
so as to provide access for fire-fighting equipment, emergency vehicles
(12)
and others who may be required to enter upon the premises for the purpose
of making required inspections or for other purposes.
B. Fire lanes shall be a minimum of twenty-five (25) feet in width. The Fire
Marshal shall have the authority to modify the width requirements of fire
lanes where such widths may be in conflict with other requirements of
law.
C. Fire lanes shall be clearly designated by suitable signs to be provided
by the owners or occupants of the premises. Failure to replace or repair
damaged, rusted or faded signs within thirty (30) days after written notice
shall have been served upon the owner or occupant shall constitute a
violation of this Local Law.
D. The signs required to be posted by this Local Law shall conform to the
size and color requirements for parking signs as set forth in the Manual
of Uniform Traffic Control Devices of the New York State Department
of Transportation. In addition, said signs shall also:
(1) Have arrows pointing in the direction of the area designated as a fire
lane.
(2) Be posted not more than fifty (50) feet apart.
(3) Be of a permanent nature, not portable or removable, except where otherwise
directed by the Fire Marshal.
E. No person shall park or stand a vehicle in a designated fire lane, except
in obedience to direction of a police officer or stop sign, nor shall any person,
in any manner, obstruct any fire lane or other access to a building or
premises, or otherwise obstruct a source of water or other service necessary
for firefighting purposes.
(1) Whenever the Fire Marshal, police officer, or a duly authorized assistant
deems that an obstruction to or on a fire lane or other means of access
to a building or premises, or that an obstruction to a source of water
or other service necessary for fire-fighting purposes, is such that it
constitutes a distinct hazard to life or public safety or is interfering
with the operation of the Fire Department during an emergency, he
may order the obstruction removed immediately at the owner's expense.
(2) In addition to the foregoing penalties, any vehicle or other obstruction found
standing, parked or left in a fire lane, or parked, standing, or left within fifteen
(15) feet of a fire hydrant, shall be subject to being ticketed for a parking
violation, as necessary, or may be removed, towed away and/or stored by or
at the discretion of any police officer, Fire Marshal or Deputy Fire Marshal.
Any such removal, towing and storage, as herein provided, may be performed
by a private towing contractor, and any and all expenses related thereto shall
(13)
be the responsibility of the owner or person entitled to possession of said vehicle
or obstructing article.
SECTION 24: Means of Egress
Reference: Uniform Code Part 1162. Whenever any special security methods
or security devices deemed necessary by the owner or person in charge of the premises
affect the means of egress, such security methods or security devices shall not be used
or installed without first obtaining the written consent of the Director of Building &
Code Enforcement or Fire Marshal. Also, all required exit signs shall be illuminated
and of the self-contained battery back-up type except when self luminous signs are
provided or where an acceptable emergency power source is provided.
SECTION 25: Water Supply.
A. Reference: Uniform Code Part 1163.13a
(1) Fire Department connections for standpipe and sprinkler systems shall
be accessible to emergency use at all times. No obstructions of any
type other than protective guards (barriers) shall be placed within ten
(10) feet of said connections. The same requirements shall apply to
snow removal and plowing.
(2) Fire hydrants.
(a) No person shall cause any obstruction to be placed within fifteen (15) feet
of any public or private fire hydrant except those officially authorized
to do so.
(b) Privately owned water mains and fire hydrants on property devoted
to public use, including but not limited to multiple dwelling complexes,
churches, commercial buildings, schools, places of assembly and
shopping centers, shall be regularly maintained and annually serviced
by the owner or person generally in charge of the subject premises.
Such maintenance and annual servicing shall be conducted in
accordance with generally accepted standards and records of such
annual maintenance shall be kept on the premises so that same is
available for examination.
B. Sprinkler systems; Reference: Uniform Code, Part 1163.13b. All commercial
sprinkler systems shall be semi-annually inspected, tested, and repaired as
necessary in compliance with the applicable nationally recognized standards
referenced in this Local Law or the Uniform Code. A copy of the inspection
and testing shall be kept on the premises so that same is available for
examination.
SECTION 26: Fire Alarm Systems.
Reference: Uniform Code Part 1163.13f. All fire alarm systems that transmit
a signal to any emergency dispatch center, whether directly or indirectly, shall be approved
(14)
by the Fire Marshal prior to the time of their installation.
SECTION 27: Service Stations and Garages.
Reference: Uniform Code, part 1164.3.
A. Storage and handling of motor vehicle fuel.
(1) Underground storage tanks containing gasoline, oil, or other liquid that
generate flammable vapors at normal temperatures shall be limited
to a maximum of twelve thousand (12,000) gallons per tank.
(2) The Fire Marshal or his duly authorized representative may order the owner
or occupants of premises having liquid storage tanks to have such tanks or
associated piping tested by methods prescribed by the Fire Marshal when the
Fire Marshal has reasonable cause to believe that such tanks or piping may
contain a leak.
(3) Leaking tanks containing any flammable or combustible liquid or any pump
or piping used in connection therewith which may be defective or in need of
repair shall be repaired or replaced immediately, and the Fire Marshal, in
his sole discretion, shall determine whether the station or facility must cease
any or all operations while such repairs or replacements are being done.
(4) No installation, alteration, or replacement of underground or aboveground
tanks, pumps, piping, and other equipment relating to the storage of
flammable or combustible liquids shall be permitted without prior
notification to the Fire Marshal, nor shall any pressure test or other
test for leaks be conducted without giving at least twenty-four hour
prior notification to the Fire Marshal.
(5) No more than one (1) gasoline tank truck shall be permitted to deliver flammable
liquids on the premises of a gasoline service facility at any one time. Before
making any deliveries to underground tanks, the driver or other authorized
person shall set the brakes of the truck and shall turn off the engine of the
vehicle. Evertite or O.P.W. fill couplings, or equivalent, must be used when
unloading flammable liquids from tank truck to storage tank. THE DRIVER
SHALL REMAIN AT THE POINT OF DELIVERY TO PREVENT SPILLAGE
AND OVERFLOW. IN CASE OF SPILLAGE OR OVERFLOW OF MORE THAN
5 GALLONS OR WHENEVER THERE IS A RISK OF FIRE, THE FIRE
DEPARTMENT SHALL BE NOTIFIED IMMEDIATELY.
(6) All accidental spillage or leakage of a flammable liquid in quantities
of five (5) United States gallons or greater shall be immediately reported
to the Fire Department.
(7) A sufficient quantity of Stay Dry Absorbent, or equivalent, must be kept on
the premises at all times for flammable liquid spills and should be used for
(15)
the purpose whenever possible instead of flushing with water.
(8) The telephone number of the owner, lessee or station operator shall be posted
on the door in a conspicuous location so that proper notification can be made
in the event of an emergency.
B. Self-service stations. Self-service station shall mean that portion of the
property where Class I liquids used as motor vehicle fuels are dispensed
from fixed approved dispensing equipment into the fuel tanks of motor
vehicles or approved portable containers by persons other than the service
station attendant. Self-service stations, in addition to the requirements
set forth herein for the storage and handling of motor vehicle fuel, shall
also be subject to the following:
(1) Self-service pumps and nozzles shall be confined to service islands with no
more than three (3) self-service dispensing units per island, each of which
dispensing units shall utilize no more than two (2) hoses and nozzles per unit.
The nozzles shall not contain or have any hold open devices which would allow
the dispensing of gasoline other than by the manual and constant depressing
of a trigger or other mechanism to pump gas. Approved dispensing devices,
such as but not limited to card operated and remote preset types, shall be
permitted, provided that the dispensing of Class I liquids is under the direct
supervision of a qualified attendant whose duties and qualifications shall comply
with the standards and guidelines established by the Fire Marshal:
(a) Self-service gasoline station attendants shall be at least eighteen (18) years
of age, properly trained to supervise, observe, and control the dispensing
of motor fuels, and physically fit to act in an emergency.
(b) Trainees enrolled in a school training program who are at least sixteen
(16) years of age need not meet the basic age requirement.
(2) All self-service gasoline dispensing units shall be equipped with the
following:
(a) A control device that will permit the pump to operate only when the
dispensing nozzle is removed from its bracket on the dispensing unit and
the switch for which is manually activated. Said control device shall also
stop the pump when the nozzle has been returned to its bracket.
(b) A means of being secured, locked or otherwise inoperable when the station
is not open for business.
(3) The areas where said Class I liquids are dispensed shall be equipped with all
of the following:
(a) A traffic mirror, of sufficient size, located on each end of each pump island
to give the attendant clear and unobstructed view of each island, said mirrors
to be installed in locations approved by the Fire Marshal.
(b) An automatic fire-extinguishing system installed in conformity with
nationally recognized good practices and standards approved by the Fire
Marshal. Said system shall also be designed so as to be able to be activated
from a location remote from the pump island area, preferably in the control
(16)
room area if said station is so equipped, and to automatically terminate
the electrical power to all service islands in the event of the system's
operation. Automatic fire extinguishing systems must be tested
semi-annually by trained service personnel. The Fire Marshal's Office
must be notified of such tests 24 hours in advance so as to witness said
test, if possible.
(c) A clearly visible numeral or letter at least six (6) inches in height shall
be conspicuously posted on each island with a smaller corresponding numeral
or letter posted as near as possible to the automatic fire-extinguishing
system manual controls.
SECTION 28: Penalties for Offenses.
A. Violations; procedures for correction; appearance tickets - summons and
complaints; fire lane and parking violations.
(1) It shall be unlawful for any person, firm, or corporation to construct, alter,
repair, remove, move, demolish, equip, use, occupy, or maintain any building
or structure or portion thereof in violation of any of the provisions of this
Local Law or fail in any manner to comply with any notice, directive, or order
of the Director of Building & Code Enforcement and/or Fire Marshal or to
construct, alter, or use and occupy any building or structure or part thereof
in a manner not permitted by an approved building permit, use permit, plumbing
permit, or certificate of occupancy.
(2) Any individual, partnership, corporation, or other firm owning, operating,
occupying, or maintaining property or premises within the scope of
the Uniform Code or this Local Law shall comply with all the provisions
of the Uniform Code, this Local Law and all orders, notices, rules,
regulations, or determinations issued in connection therewith.
(3) Whenever it is found that there has been a violation of the Uniform
Code, this Local Law or any rule or regulation adopted pursuant to
this Local Law, a violation notice and/or appearance ticket or summons
and complaint may be issued to the person, individual, partnership,
or corporation owning, operating, or maintaining the premises in which
such violation has been noted.
(4) Violation notices shall be in writing; shall identify the property or premises;
shall specify the violation or remedial action to be taken and shall provide
that said violation must be corrected within ten (10) days from the receipt
of said violation notice unless said ten-day period shall be modified in the
discretion of the enforcement officer issuing such violation notice, or unless
a shorter period of time has been prescribed for in this Local Law.
(5) Violation notices and other orders or notices referred to in this Local
Law shall be served on the owner or one (1) of the owner's executors,
legal representatives, agents, lessees, any tenant or other person
(17)
occupying the premises or other person having a vested or contingent
interest in the premises, either personally or by certified mail, addressed
to the last known address, if any, of the owner or one (1) of the owner's
executors, legal representatives, agents, lessees, or other person have
a vested or contingent interest in same, as shown by the last preceding
completed record of the Receiver of Taxes or in the Office of the County
Clerk.
(6) Appearance Tickets/Summons and Complaints. The Director of Building &
Code Enforcement and/or Fire Marshal shall have the authority, pursuant to
the Criminal Procedure Law, to issue an appearance ticket or summons and
complaint subscribed by him, directing a designated person to appear in court
at a designated time in connection with the commission of a violation of this
Local Law or any order made thereunder.
B. Penalties. Any person who shall fail to comply with a written order of
the Director of Building & Code Enforcement and/or Fire Marshal within
the time fixed for compliance therewith and any owner, builder, architect,
tenant, contractor, subcontractor, plumber, construction superintendent,
or their agents, or any other person taking part or assisting in the
construction or use of any building who shall violate any of the applicable
provisions of this Local Law or any lawful order, notice, directive, permit,
or certificate of the Director of Building & Code Enforcement and/or Fire
Marshal made thereunder or in addition to any other penalties provided
for in this Local Law, any person who shall violate any provision of this
Local Law, the Uniform Code, any rules or regulations adopted pursuant
to this Local Law or who shall violate or fail to comply with any order
made thereunder or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder or any
certificate or permit issued thereunder shall be guilty of an offense
punishable by a fine of not less than fifty dollars ($50.00) nor more than
two hundred fifty dollars ($250.00) or by imprisonment for not more than
thirty (30) days, or both, and each day such violation continues shall
constitute a separate violation. The imposition of such penalty shall not
be held to prohibit the enforced removal of prohibited conditions by any
appropriate remedy, including immediate application for an injunction.
C. A civil action or proceeding in the name of the Town of Queensbury, New York,
may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction, the violation of any provision of the Uniform Code,
this Local Law, rule or regulation adopted pursuant to this Local Law or a violation
of any order to vacate the occupancy or building in the case of imminent danger
to life or property. Such remedy shall be in addition to penalties otherwise
prescribed by law, and may be commenced by the Director of Building and Code
Enforcement or Fire Marshal with the consent of a majority of the Town Board.
SECTION 29: Liability of Town and Employees for Damages.
(18)
This Local Law shall not be construed to hold any Code Enforcement Officer
of the Town of Queensbury or the Town of Queensbury responsible for any damages to
persons or property by reason of the inspection or reinspection authorized herein or failure
to inspect or reinspect, as required by any permits under this Local Law, nor shall it
be liable for any damage to persons or property by reason of the Director of Building
& Code Enforcement and/or Fire Marshal's exercising their discretion as provided in
this Local Law.
SECTION 30: Severability.
If any clause, sentence, phrase, paragraph, or any part of this Local Law shall
for any reason be adjudged finally by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder of this law, but shall
be confined in its operation and effect to the clause, sentence, phrase, paragraph, or
part thereof directly involved in the controversy or action in which such judgment shall
have been rendered. It is hereby declared to be the legislative intent that the remainder
of this local law would have been adopted had any such provisions not been included.
SECTION 31: More Stringent Restrictions to Apply.
In the event that the provisions of this Local Law shall be in conflict with
any other law, rule, or regulation, the more stringent provision shall govern.
SECTION 32: Local Ordinances and Laws Amended, Superseded, or Repealed.
Upon the effective date of the within Local Law, the following existing
ordinances and local laws of the Town of Queensbury are hereby repealed:
A. Ordinance Number 4 entitled, "Ordinance Relating to Filing Reports of
New Construction," dated November 23, 1960.
B. Ordinance Number 30 entitled, "Ordinance of the Town of Queensbury
Providing for the Enforcement of the State Building Construction Code,"
dated December 10, 1970.
C. Ordinances amending Ordinance Number 30 dated April 22, 1980, August
24, 1982, September 1988, October 1988, and April 1989.
D. Local Law Number 1, 1982 entitled, "A Local Law for Administration
and Enforcement of the State Fire Prevention Code," dated November
24, 1982.
Upon the effective date of this Local Law, the following existing ordinances,
or portions thereof, are hereby superseded to the extent the same are inconsistent with
the provisions herein:
Article 12 of the Ordinance Number 58 entitled, "Town of Queensbury Zoning
Ordinance," effective on or about October 1, 1988.
(19)
SECTION 33: Applicability.
This Local Law shall apply, upon its effective date, to all buildings, structures,
or appurtenances thereto or portions thereof in the Town of Queensbury. This Local
Law, upon its effective date, shall also apply to all departments of the Town of
Queensbury, all residents, citizens and businesses, and all permits or certificates of
occupancy or compliance issued or to be issued and all actions of the Town of Queensbury,
its offices and employees in carrying out and enforcing the State Uniform Fire Prevention
and Building Codes and related laws, codes, ordinances, and regulations as more fully
set forth herein.
SECTION 34: When Effective.
This Local Law shall take effect immediately upon its filing with the Secretary
of State in accordance with the provisions of the Municipal Home Rule Law of the State
of New York.
(20)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
1.
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 10. . . . . . of 19 .90
vm%)KX
XKJCX Queensbury Town Board
of the Ton of .. ... was duly passed by the .... . . ..... . ..... .. . . . .. . . . . . .. .
%WX (Name of Legislative Body)
on .. ...................August 20, 19.... 0..in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ... .... . . of 19........
County
of the City of . . . . . . . . . .. . . . . . was duly passed by the .
Town " " " " " '(Name of Legislative Body) " " " " "
Village
not disapproved
on ............................. 19........ and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . . . . .
repassed after disapproval Elective Chief Executive Officer•
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .. . . . . . . of 19........
County
of City .. . . .... . ..
the Town of .. . .. was duly passed by the .. .. . . .. . .. . . . . . . . . . .. . . .. . . . . . . . ... .
(Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........ and was approved by the . . . . .. . . . .. . . . . . .. . .. . ... ...
repassed after disapproval Elective chief Executive Officers
on .................................. 19 .......... Such local law was submitted to the people by reason of a
mandatory_
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on .............................19 ......... in accordance with the applicable
annual
provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. . . . ..... of 19........
Counfy
of the City Town of .... ....... . ... . was duly passed by the ... .. . . ... . . . . . . ... . . . . . .
(Name of Legislative Body)
Village
not disapproved
on ............................. 19........ and was approved by the . . ...... . ... .. . . . . . . .....'. .
repassed after disapproval Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on .............................19.........in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected as a countywide basis or,if
there be moue,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a tows where suck
officer is vested with power to approve or veto local laws or ordinances.
(21)
S. (City local lave concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. . . . . . . . . of 19 ........
of the City of . . . .. . . . ... . . . . . . . . . . . . . .. . . . . . . . having been submitted to referendum pursuant to the
provisions of 13736 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the ge eci al election held on . . . . . . . . . . . .
............ 19......... became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ... . .. . . of 19.........
of the County of . . . . . . .. . . . . . . . . .. . . .. State of New York, having been submitted to the Electors at the
General Election of November . . . . . . . .. . . .. 19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom andlof the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .............above.
Clerk of the Cwtmy legislative body,-Qi 4-Town or V*1*�W
officer designated by local legislative body
Date: August 22, 1990
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..Warren
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactmelu o€thtl Exec hereto.
.. . . ... .. ... . . sw,a .. .. . . . .. .. . . . . . . . .
Town Attorney
.. .. .. ...... .. . . .. . ... . . .. . . . . ..... .. . . . . . . . . . . .. . .
Title
X>'ftl OAK
Date: August 22, 1990 IM91 of . Queensbury .
Town .. .. .. . . . . . . . . .. . . .
(22)
UNITED STATES POSTAL SERVICE
OFFICIAL--BUSINESS ,y
BENDER INSTRUCTIONS
Print your Hama,address annddZIP Code
in tM apace below.
• Complete hems 1,2.3.and 4 on the
reverse.
u�o
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permits, otherwise affix to back of
PENALTY FOR PRIVATE
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TO
` s
PC e., A
• SENDER: Complete items 1 and 2 when additional services are desired, and complete iteme
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Put your address in the"RETURN TO" Space on the reverse side.Failure to do this will prevent this
Car from being returned to you.The return receipt fee will provid you the name of the person delivered
,to and the date of deliver .For additionar toes the o owing services ale avaHaDle.Consult postmaster
tor tees—an c ec c ox es for additional service(s)requested.
1. 13 Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. *rticle Addressed to: Article Number
IA491 (All 104'LA
t.e .�..e� Type of Service:
tea �t �rl CAL L�L.Q [] Registered Insured
Certified ❑ COD Ip
�y 1 aa3► Express Mail ❑ RortMorchanCise
Always obt signature of addressee
or sixent IJMATE DELIVERED.
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7. Date of Delivery
PS Form 3811,Mar. 1988 • U.S.Q.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT
NYS Department of State
Bureau of State Records € ~ e -
162 Washington Avenue i .
Albany, NY 12231-0001 -
F
Darleen M. Dougher, Town Clerk
Town of Queensbury,
Town Office Building
531 Bay Road
Queensbury, NY 12804
Date 9/26/90
Local Law(s)No. 10
Year 1990
Municipality Town of Queensbury
Please be advised that the above-referenced material was received and filed by
this office on-----9119190
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
DOS-236(4i87) `