LL 07 Amend QSBY Code Ch. 88 Fire Prev. & Bldg Const. ��al Law /ling NEWYOWSTATEDEPAR11MUOFSTATE
41 STATE STRM&ALBANY,NY IMI
(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.
CYAW Queensbury
WXXof___----------___ __ ____________________�__ ______._____-w---------------
Town
Way# 7
Local Law No. of the year 2k2-7
A load law_-------To AMend Queensbury Town Code. Chapter.. 88
Ent-itled FIre Prevention and Building Construction
- i
----------------------------------- ------- ---- ----------__--____-_ I
Be it enacted-by the _ :_�_�_____T o w n.Boar d
aw,��i�*a.+�a -------- ---------------•-------- Effie
Queensbury
h11fX X ----:------------------:_----- -----_-____ ________----_----- as follows:
Town
VRX
Section 1.Purpose and Intent. =
This local law provides for updates and amendments to Chapter 88 of the Code of the Town
of Queensbury, titled Fire Prevention and Building Code Construction. These updates are made in
accordance with the administration and enforcement of the Uniform Fire Prevention and Building
Code of the State of New York (the Uniform Code). This local law is adopted pursuant to section
10 of the Municipal Home Rule Law. Except as-otherwise provided in the Uniform Code, other
state law, or other section of this local law, all buildings, structures, and premises, regardless of use
or occupancY�are subject to the provisions of this local law and Chapter 88 of the Code of the Town
of Queensbury.
Section 2. Amendment to §88=24(B) of the Code of the Town of Queensbury.
§88-24 shall now read:
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,
Note: Language in bold italics is new language to be added;
Language with line a..,,. n through is old language to be deleted.
1
(If additional space is needed,attach pages the same size as this suet,and numbereach.)
,
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, or who shall refuse to allow a required
inspection, or fail to comply with the requirements of the New York State property
maintenance code, in addition to other penalties provided for in this chapter shall be
guilty of an offense punishable in the following manner:
(1) A fine of not more than $950 for the first offense, by a fine of not more than
$950 or by imprisonment for not more than one year, or both, for the second
offense.
(2) If the violation requires the abatement or maintenance be performed by the
Town or by its designee, or agent, including a private contractor lawfully
engaged and authorized by the Town, such expense shall be assessed against
the record owner of the property. The expense so assessed shall constitute a
lien in charge on real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner as other
town charges. Such assessments shall be made in accordance with Article 15
of the Town Law.
(3) The imposition of such penalties shall not be held to prohibit the enforced
removal of prohibited conditions by any appropriate remedy, including
immediate application for an injunction.
Section 3. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this Local Law, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
Section 4. Effective Date.
This Local Law shall take effect upon filing with the New York State Secretary of State.
Note: Language in bold italics is new language to be added;
Language with line drawn n thfola is old language to be deleted.
2
(2)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
t. (Final adoption by local legislative body only.)
7 ' 07
[hereby certify that the local law annexed hereto,desmi ated as local law No- ----------_------__ _-_-_-_-__-_ of 20.___-_
ue_ensbury
A the( �� )of------------ -- ------ ------ was duly passed by the
�� -____ on____10 j 15 T 20_ --in accordance with the applicable provisions of law.
OW D
---- '----_--'-------------"--- '--
NameOlLetuaimDay)
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive OMcera.)
t
[hereby certify that the local law annexed hereto,designated as local law No. of 20�-----
A the(CountyXCity)(Town)(Village)of---------- was duly passed by the
---------------------------------------------- on-----------------20---,and was(approvedxnot approved)(repassed after.
gage a/Les BOdy)
lisapproval)by the---------------- ------------------------------- and was deemed duly adopted on ----------------- 20----,
(Bkv6.KChWExeaw- 7
n accordance with the applicable provisions of law.
�. Mnal adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No.--------------------------------.of 20-----
f the(CountyXCity)(1bwn)(Vdhge)of-----------------------------------------—------------------=was duly passed by the
.------------------------------------—__------- on------------------ 20----,and was(approvedXnot approvedxrepassed after
r.,�e afLe�u►a+K Body) .
isapproval)by the----:-----------------•--------------------_---- on------------------- 20----. Such local law was submitted
ffd-*eCWE--i-Offi—)
>the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of
to qualified electors voting thereon at the(genera1XWcia1)(annua1)Aection held on------------------ 20L__ ,in
=rdance with the applicable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
rereby certify that the local law annexed hereto,designated as local law No.---___--__•--__-_---- of 20------
'the(CountyXCity)(`ibwn)(Vd-Uge)of------------------------------•---------------------•-_-------- was duly passed by the
-------------------------------------------- on----_------------ 20---,and was(approved)(not approved)(repassed after
�ea�Les .eBody)
;approval)by the------------------------------------------------- qn------------------ 20— . Such local law was subject to
rmissive referendum and iao valid petition requesting such referendum-was filed as of------------------ 20-___,in
cordance with the applicable provisions of law.
lective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
ide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
ie supervisor of a town where such officer is vested w(ith) approve-or power to app ove-or veto local laws or ordinances.
S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local Iaw 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 heldon------------------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 ltew 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 ekcW of the cit-
ies of said county as a wait 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 cerOication.)
[further certify that I have compared the preceding local law with the original on file in this office and that the same
s a correct transcript therefrom and of the whole of such original local law,and was finally adapted in the manner in-
iieated in paragraph-------------above.
Ctuk oc t4e Gv�otj kgista6ve body,�gr,Twva on
or otli=desipawd by Joel te&a m body
(Sean Date: l(t
rer#i('.icatlon to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
ther authorized attorney of locality.)
ME OF N EW YORK
)uNTYOFWAHRrAN--- - - -the,undersigned,hereby certify that the foregoing local law contains the correct text and that all proper poceedings
ive been had or taken for the enactment of the Ioial la To
SigaaKeNOU
Town Counsel
Tdk
Queensbury
Town of -
Date: Octoberl7, 2007
(4)
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
EUOT SPITZER LORRAME A CORTts-VAZQU¢
SB(MAWOFS IIU
'GO1OOM Novembers, 2007
Darleen M Dougher
Town Clerk
Town Office Building
742 Bay Rd
Queensbury NY 12804
RE: Town of Queensbury, Local Law No. 6 & 7, 2007,filed on October 22,
2007
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corp/misc.htm1.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.D08.8TATE.NY.u3 E-M V 1"FOOD08.8TATE-Hy-U5
GENERAL 72 Hinchey Road
Rochester, NY 14624
p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
10/22/2007 #240290
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law Nos. 6-2007 and 7-2007.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804