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STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
'02 NOU 27 Pn 12 Ti ALBANY, NY 1 223 1-000 1
GEORGE E, PATAKI 1 RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
November 22 , 2002
Darleen M Dougher
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 5, 2002, filed 11/18/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
Leo�� ��k
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
WWW DOS.5TATE NY US E-MAIL. INFO@D05 STATE NY US
RECYCLED-1.
Local Law Filing NEW YORIC STATE DEPARTMENT OFSTATE
41 STATE STREET,ALBANY,NY 12231
(Use this form to Me 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.
of-----Queensburx--------------------------------------------------------------------
Town
Local Law No.--------5-------------------------- of the year 20-02-
Alocallaw__to_Amend Cha�ter__88__"Fire Prevention and Buildiny__Construction" of
()�7-.4)
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_-QueensburTownCode
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Belt _ ----------------------------------------------------------------------------
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Be it enacted by the Town--B--e--a-r--d------------------------------------------------------
______________ ofthe
(N—-ILeswad-Body)IMW fmm
of---Queensbury---------------------------------------------------------------------- as follows:
Town
�1HiI�L
SECTION 1. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction"is hereby amended by amending§88-1, "Title,"as follows:
§88-1. Title.
This Chapter shall be known as"A Local Law Providing for the Administration and Enforcement of
the Building Code of New York State and Related Laws, Codes,Ordinances and Regulations."
SECTION 2. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-3, "Adoption of Standards," as
follows:
§88-3. Adoption of Standards.
The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of
the Building Code of New York State (henceforth referred to as the `Building Code"), if any, and
all subsequent amendments thereto.
SECTION 3. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-5, "Fire Marshal," §88-5(C )(2) as
follows:
(If additional space is needed,attach pages!the same size as this sheet,and number each.)
DOS-239(Rev.11/99) `il
§88-3. Fire Marshal.
C. Personnel.
(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
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. The Deputy Fire
Marshal shall report to the Fire Marshal and, when requested, directly to the
Town Board.
SECTION 4. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-7, "Powers and duties of Director and
Fire Marshal," §88-7(13)as follows:
§ 88-7. Powers and duties of Director and Fire Marshal.
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.
SECTION 5. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-7, "Powers and duties of Director and
Fire Marshal," §88-7(D)as follows:
§88-7. Powers and duties of Director and Fire Marshal.
D. Joint 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.
SECTION 6. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-10, "Applicability of standards,"
§88(A)as follows:
§88-10. Applicability of standards.
A. The provisions of the Building 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 storage, handling or use of
(2)
combustible or hazardous substances, materials or devices shall apply equally to new
and existing buildings and conditions.
SECTION 7. Chapter 88 of the Queensbury Town Code entitled 'Tire Prevention and
Building Construction" is hereby amended by amending §88-11, "Variances; removal of hazards,"
§88(A)as follows:
§ 88-11 Variances; removal of hazards.
A. Whenever the Director of Building and 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 Building Code do not apply or that the intent and meaning of
this Chapter have been misconstrued or misinterpreted, the person affected may apply
for a variance under the provisions of the Building Code of New York State or take such
other and further legal action as allowed or provided by law.
SECTION 8. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction"is hereby amended by deleting§88-22.
SECTION 9. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction"is hereby amended by deleting §88-23.
SECTION 10.Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-24, "Penalties for offenses," §88-
24(A)(2)and (3)as follows:
§88-24 Penalties for offenses.
A. Violations; procedures for correction; appearance tickets; summons and complaints; fire
lane and parking violations.
(2) Any individual, partnership, corporation or other firm owning, operating,
occupying or maintaining property or premises within the scope of the Building
Code or this Chapter shall comply with all the provisions of the Building Code,
this Chapter 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 Building Code, this
Chapter or any rule or regulation adopted pursuant to this Chapter, 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.
(3)
SECTION 11.Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction" is hereby amended by amending §88-24, "Penalties for offenses," §88-
24(B)as follows:
§88-24 Penalties for offenses.
B. Penalties. Any person who shall fail to comply with a written order of the Director of
Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their
authorized assistants or deputies within the time fixed for compliance therewith and any
owner, builder, architect, tenant, contractor, subcontractor, plumber or 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 Chapter or any lawful order,notice, directive,permit or certificate of the Director of
Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their
authorized assistants or deputies made thereunder or any person who shall violate any
provision of this Chapter, the Building Code, or any rules or regulations adopted
pursuant to this Chapter 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, in addition to any other penalties provided for in this Chapter, shall be
guilty of an offense punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment for not more than one (1) year, 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.
SECTION 12.Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and
Building Construction"is hereby amended by amending§88-27, "Applicability,"as follows:
§ 88-27. Applicability.
This Chapter shall apply,upon its effective date,to all buildings, structures or appurtenances thereto
or portions thereof in the Town of Queensbury. This Chapter, 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 Building Code of New
York State and related laws, codes,ordinances and regulations, as more fully set forth herein.
SECTION 13.The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 14.All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
SECTION 15.This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law§27.
(4)
(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. -----5_____________ ______________ of 20__Q?_
of tlfie(t�S�i rk)(Town)�D(iX M)of-Qen uesbury________________ _ _ _ _ _ _______ was duly passed b the
own o November_______________ _ on _4 200?_,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 20------
ofthe(County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
_______________________________________________ on ------------------ 20 ---,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
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 20------
ofthe(County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
___________________________________________________ on ------------------ 20----,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason 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------------------ 24--- ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No- ----------------------------------- of 20------
ofthe(County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
___________________________________________________ on------------------ 20----,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the__________________________________________________ on------------------ 20--- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20.___ ,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 chairperson 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.
(3),
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 20------
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------------------- 20----,
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 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20----,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 cit-
ies of said county as a unit and 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 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 in-
dicated in paragraph----1-------above.
Clerk of the County legislative body,City,Town or Village derk
or officer designated by local legislative body
(Seal) Date: November 6, 2002
(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 WNW
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.
-Aid Aky.
Signature RO
Town Counsel
Title
of Queensbury
Town
Date: November 6, 2002
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PS Form 3811,=1� 1�26 `' '`" 8M s c Return Receipt 102595-01-M-1424
11/18/2002 #123578
Ms. Darleen M. Dougher:
The following material has been received
and will be processed for inclusion in your
Code as supplemental pages(where
applicable): i(
Local Law No,5-2002
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
General Code Publishers
Phono:800/836-8834Fax !!!! 44 (( }} ((
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