LL 03 Fire Prev./ Building Codes focal Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a 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.
6011114
Cfty of ............Q..U.��.N..SB.UR,Y
Town
7f:'Namp
Local Law No. .............3..................................... of the year 19 �.1....
A local law ..�4mendl.nq.c?.L,ocg.l.L�w No. 70, 7990 and Entitled: "A Local Low
.. . .. ...........................................................................................
(Insert Titlel,
providing for the Administration and Enforcement of the State Uniform Fire Prevention and
B�ildin Code and Related Laws, Codes, Ordinances and Regulations"
eit egnacted by the .............T•wry•Board.....................................................................................................of the
Name of Legislative Body)
rXW' of ...........Q.U.,E,�.N.$e URY.......
Town as follows:
VXNXge
Sl SECTION 2 of Local Law No. 10, 1990 entitled, "A LOCAL LAW
PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE AND RELATED LAWS, CODES, ORDINANCES
AND REGULATIONS" is hereby amended to amend paragraph A. thereof
to read as follows:
It is the intent of this Local Law to provide for the administra-
tion 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, appurtenances and
property located in the Town of Queensbury.
S2 SECTION 4 of the aforesaid Local Law No. 10, 1990 is hereby
amended to amend paragraph B. thereof to read as follows:
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, equip-
ment, maintenance, use, occupancy, removal and demolition
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS•239 (Rev. 7/90)
of buildings, structures and appurtenances located in the
Town, with the exception of administration of the Zoning
Ordinance of the Town of Queensbury, which shall be adminis-
tered by the Office of Zoning Administrator, as provided
for herein. The Department of Building and Codes shall
continue to be charged with the duty to enforce said Zoning
Ordinance, but shall not, otherwise, assume the duties
assigned to the Office of Zoning Administrator, other than
as expressly set forth herein.
S3 The aforesaid Local Law No. 10, 1990 is hereby amended to add
a new Section 6 to read as follows:
SECTION 6: Office of Zoning Administrator
A. The Town Board of the Town of Queensbury does hereby establish
the Office of Zoning Administrator, which shall have the
duty and responsibility of administrating and enforcing
the Zoning Ordinance of the Town of Queensbury, and making
such orders, requirements, decisions, or determinations
as may be necessary to carry out said duties and
responsibilities.
B. The Office of Zoning Administrator shall be headed by a
Town Official or Employee designated as the "Zoning Adminis-
trator. " The Zoning Administrator shall be appointed by
the Town Board at a compensation to be fixed by it, and
shall serve at the pleasure of the Town Board. The Zoning
Administrator shall report directly to the Town Board and
the Town Supervisor and shall not be under the jurisdiction
of any other Town Department.
C. The Town Board may appoint such other employees as may be
deemed necessary to carry out the functions of the Office
of Zoning Administrator. The compensation of such further
and additional employees shall be fixed by the Town Board.
(2)
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 powers
conferred upon him by this Local Law.
S4 SECTION 7 of the aforesaid Local Law No. 10, 1990 is hereby
amended to amend paragraph A. thereof and to add a new paragraph
C., to re-letter all paragraphs thereof accordingly with such
amendments to read as follows:
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, struc-
tures, and appurtenances thereof 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 & Code Enforcement shall have all author-
ity, powers, duties, and responsibilities, provided the
Building Inspector as such position, is defined and provided
for under Town Law §138.
C. Zoning Administrator.
(1) Except as otherwise provided by law, ordinance, rule,
or regulation, the Zoning Administrator shall administer
and enforce the Zoning Ordinance of the Town of Queens-
bury. The Zoning Administrator's duties and responsibil-
(3)
ities shall consist of the following:
(a) Reviewing all applications for variances, permits,
or other types of approvals requested of or required
by the Zoning Board of Appeals and/or the Planning
Board of the Town of Queensbury.
(b) Reviewing all building permits and sign permits
to determine compliance with Zoning Ordinance
of the Town of Queensbury.
(c) Making decisions, orders, requirements, or determin-
ations as to the applicability of the Zoning Ordin-
ance of the Town of Queensbury.
(d) Keeping appropriate records of any orders, require-
ments, determinations or decisions made.
(e) Attending meetings of Zoning Board, Planning Board,
and Town Board when appropriate.
(f) Making site visits when appropriate.
(2) Decisions, orders, requirements, or determinations
regarding the applicability of the Zoning Ordinance
shall be vested with the Zoning Administrator and shall
be made after consultation with the Director of Building
and Codes Enforcement and shall be final and not subject
to review by any other Town Department, Official, or
Employee, except the Zoning Board of Appeals as set
forth herein. Appeals by any party with standing under
Town Law _of any order, requirement, decision, or deter-
mination made by the Zoning Administrator may be made
to the Zoning Board of Appeals and to a court of law
as provided by the Town Law of the State of New York,
and the provisions of the Zoning Ordinance of the Town
of Queensbury.
(3) The duty and responsibility to enforce the Zoning Ordin-
ance shall be the same as the duties and responsibilities
(4 )
vested with the Building Department to enforce said
Zoning Ordinance, except that the Zoning Administrator
shall have no power to rescind or revoke building permits
or other types of permits issued by the Department
of Building and Codes or Office of Fire Marshal. The
Zoning Administrator may, however, advise the Department
of Building and Codes and Office of Fire Marshal of
Zoning violations effecting buildings or other activities
for which a permit has been issued by the Department
of Building and Codes or Office of Fire Marshal and
request action as may be appropriate under the laws,
ordinances, rules, and regulations of the Town of Queens-
bury and the laws and regulations of the State of New
York.
(4) The Department of Building and Codes and Office of
Fire Marshal, shall retain all duties, responsibilities,
and power other than those specifically accepted as
the sole duties and responsibilities and powers of
the Zoning Administrator. The Zoning Administrator
shall not have any duty or responsibility to enforce
the Uniform Fire Prevention and Building Code of the
State of New York.
D. 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.
E. 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,
(5 )
to require the necessary safeguards during construction
or demolition and to assure compliance with all applic-
able laws, codes, ordinances, rules and regulations.
(2) The Director of Building & Code Enforcement, Fire Mar-
shal, 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, inspec-
tions conducted and notices and orders issued.
(3) In addition to duties specified in this local law,
the Director of Building & Code Enforcement, Fire Mar-
shal, and Zoning Administrator shall perform such other
duties as may be assigned by the Town Board by Local
Law.
S5 SECTION 9 of the aforesaid Local Law No. 10, 1990 is hereby
amended to read as follows:
The Director of Building & 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 jurisdic-
tion over the construction, use or occupancy of buildings or the
installation of equipment therein.
S6 SECTION 10 of the aforesaid Local Law No. 10, 1990 is hereby
amended to amend paragraph B. thereof to read as follows:
B. The Director of Building & Code Enforcement, Fire Marshal,
and Zoning Administrator, as may be appropriate, shall have
the authority to permit the continuance of existing conditions
with their respective areas of authority, not in strict
(6)
compliance with the terms of this Local Law where the excep-
tions do not constitute a distinct hazard to life or property.
S7 SECTION 29 of the aforesaid Local Law No. 10, 1990 is hereby
amended to amend subparagraphs A(1) and A M, and paragraphs B. and
C. thereof to read as follows:
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, Fire Marshal and/or Zoning
Administrator 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.
(6) Appearance Tickets/Summons and Complaints. The Director
of Building & Code Enforcement, Fire Marshal, and/or
Zoning Administrator 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, Fire
(7 )
Marshal, and/or Zoning Administrator 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,
Fire Marshal, and/or Zoning Administrator 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 specifi-
cations 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 com-
petent 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
(8)
penalties otherwise prescribed by law, and may be commenced
by the Director of Building and Code Enforcement, Fire Mar-
shal, and/or Zoning Administrator with the consent of a
majority of the Town Board.
S8 SECTION 30 of the aforesaid Local Law No. 10, 1990 is hereby
amended to read as follows:
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, Fire Marshal, and/or Zoning Administra-
tor's exercising their discretion as provided in this Local Law.
S9 All sections and paragraphs and subparagraphs of the aforesaid
Local Law No. 10, 1990 are hereby chronologically renumbered as may
be necessary as a result of the amendments herein.
S10 This Local Law shall take effect immediately as provided by
Law.
(9)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 3 of 1991
of the (QQggty)( y)(Town)()Wi*ge) of OueensburV was duly passed by the
Town gnpr� on q.pr;l 1. r 19_2_L, in accordance with the applicable provisions of law,
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19u, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19_,
active ie xaeutrve Offiter
in accordance with the applicable provisions oftlaw.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local taw No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
Name of LegislativeBody)
disapproval) by the on 19_. Such local law was
(Elective hie Executive Officer
submitted to the people by restson of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19l, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referadum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of LegislativeBody)
disapproval) by the on 19_. Such local law was subject to
(Elective hie xaeutwe peer
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law,
'Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances.
(10)
5. (City local law 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 section (36)(37) 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 (special)(general) 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 5 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 appropritate certification.)
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 and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 7 , above.
'-"C
er o t e aoty cps atrve y, own or er
i or officer designated by local legileative body
(Seal) Date: Agi l 7, .7997
(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
I, 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 enactment of the local law annexed hereto.
ature '
Title Town At torne.
'
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Towly of
n OuPensb��r�
Vzow
Date: April 7. 7997
(77)
BUREAU OF STATE RECORDSe MUNICIPALITY
162 Washington Avenue
Albany, NY 12231.0001 T of Queensbury
LOCAL LAW(S) NO. YEAR FILING DATE
DATE: �/16i91 3
Local Law Acknowledgment
The above-referenced material was received
_ and filed by this office as indicated.
� Darleen M. Dougher-Town Clerk ��
Town of Queensbury
Town Office Building
531 Bay Road
Queensbury, NY 12804 Additional local law filing forms will be
forwarded upon request.
DOS•236 (Rev. 6/90)
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