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LL 04.2023 Chapter 88A Enforcement Officials and Personnel - May 1 2023 New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, NY 12231-0001 www.dos.ny.gov (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. ❑County ❑City ❑XTown ❑Village (Select one:) of QUEENSBURY Local Law No. 4 of the year 2023 A local law REPEALING AND REPLACING TOWN CODE CHAPTER 88 ENTITLED "FIRE (Insert Title) PREVENTION AND BUILDING CONSTRUCTION"WITH NEW CHAPTER 88A ENTITLED "ENFORCEMENT OFFICIALS AND PERSONNEL" Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑County ❑City ❑X Town Village (Select one:) of QUEENSBURY as follows: ARTICLE 1. Intent; Authority—Prior to adoption of this Local Law, Chapter 88 set forth the various officials responsible for enforcing the various provisions of Local and State laws and regulations and also established certain substantive obligations pertaining to the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code(the Energy Code). Certain State Regulatory changes to 19 NYCRR Part 1203 have necessitated revisions to local provisions concerning such matters. As a result, it became necessary to divide prior Chapter 88 into Chapter 88A(addressing provisions pertaining to enforcement officials) and Chapter 88B to (addressing specific changes to enforcement of the State Uniform Code and Energy Code. ARTICLE 2. Chapter 88 of the Town Code entitled "Fire Prevention and Building Construction is hereby repealed and Chapter 88A of the Queensbury Town Code, entitled "Enforcement Officials and Personnel" is hereby enacted as follows: § 88A-1. Title. This Chapter shall be known as "Enforcement Officials and Personnel"." § 88A-2. Intent. It is the intent of this Chapter to provide for the continuation of administration and enforcement of the provisions of all applicable laws, codes, ordinances, regulations (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-I (Rev.04/14) Q1/IP_I r §88A-3. Department of Building and Code Enforcement;Director. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the Department 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, with the exception of administration and enforcement of Chapter 179 (Zoning), Chapter A183 (Subdivision of Land)and Chapter 140(Signs)of the Code of the Town of Queensbury,which shall be administered and enforced by an officer or employee who is designated by the Town Board of the Town of Queensbury as the Zoning Administrator,as provided for herein. The Department of Building and Code Enforcement shall continue to be charged with the duty to enforce said Chapter 179(Zoning),Chapter A183 (Subdivision of Land)and Chapter 140(Signs),but shall not otherwise assume the duties assigned to the Zoning Administrator,other than as expressly set forth herein.Nothing herein shall be deemed to prevent the assignment or delegation of the duties,responsibilities and/or authority of the Zoning Administrator to any officer or employee of the Department of Building and Codes. C. Personnel. I) Director of Building and Code Enforcement. The Department shall be headed by a Town official designated as the "Director of Building and Code Enforcement."The Director of Building and Code Enforcement shall be appointed by the Town Board at a compensation to be fixed by it. The Director of Building and 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 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,to the Town Board. 3) Other employees. The Town Board may appoint such other employees as may be deemed necessary or desirable 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 and Code Enforcement. In the absence of the Director of Building and Code Enforcement,or in the case of his or her 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 Director of Building and Code Enforcement and to exercise all the powers conferred upon him or her by this Chapter. §88A-5. Fire Marshal. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the office to be known as the"Office of the Fire Marshal." B. Purpose. The purpose of this Office is for the administration and 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 at an annual salary to be determined by the 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. One or more Deputy Fire Marshals may be appointed by the Town Board at an annual salary to be determined by the Town Board. These 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. Each Deputy Fire Marshal shall report to the Fire Marshal and,when requested,to the Town Board. 3) Other employees. The Town Board may appoint such other employees as may be deemed necessary or desirable to carry out the functions of this 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 or her 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 Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this Chapter. §88A-6. Zoning Administrator. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the position of Zoning Administrator,which administrator has and shall continue to have the duty and responsibility of administrating and enforcing Chapter 179(Zoning)of the Code of the Town of Queensbury and making such orders,requirements,decisions or determinations as may be necessary to carry out said duties and responsibilities. The Zoning Administrator shall also have the duty,responsibility and authority to administer and enforce Chapter A183 (Subdivision of Land)and Chapter 140(Signs)of the Code of the Town of Queensbury. B. The position and duties,responsibilities and authority of Zoning Administrator may be assigned or delegated by the Town Board of the Town of Queensbury to any qualified employee or officer of the Town. The position of Zoning Administrator and accompanying duties, responsibilities and authority may be assigned or delegated to any Town officer or employee simultaneously with or in addition to any other duties and responsibilities or authority that that individual officer or employee may otherwise hold. The Town Board may, but shall not be obligated to, grant additional compensation or alter or change the affected officer's or employee's duties or responsibilities as a result of the additional zoning administration duties,responsibilities or authority delegated or assigned to the officer or employee. In addition to the foregoing, in the event that the Town Board determines that it shall be necessary, the position and duties, responsibilities and authority of Zoning Administrator may be assigned to an officer or employee or a person whose sole duties will be that of full-time or part-time Zoning Administrator. The Town Board may also appoint such other employees as may be deemed necessary to assist in carrying out the functions of the Zoning Administrator. Compensation of such other and further additional employees shall be fixed by the Town Board. C. The position of Zoning Administrator and the duties, responsibilities and authority incidental thereto shall be vested in any particular officer or employee at the pleasure of the Town Board and such position of Zoning Administrator may be revoked or reassigned to other officers or employees as deemed appropriate by the Town Board. 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 power conferred upon him or her by this Chapter. §88A-7. Powers and duties of Director,Fire Marshal and Zoning Administrator. A. Director of Building and Code Enforcement. Except as otherwise provided by law,ordinance,rule or regulation,the Director of Building and Code Enforcement shall have the authority to 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 thereto; receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating permits, and the plans,specifications and construction documents submitted with such applications,and,upon approval of such applications,issue building permits, certificates of occupancy, temporary certificates and operating permits, and include in building permits, certificates of occupancy,temporary certificates and operating permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy,temporary certificates and operating permits,property maintenance inspections,inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter 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 and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under New York State Town Law§ 138 and shall have the authority set forth in Town Code Chapter 88B. 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 and shall have the authority set forth in Town Code Chapter 88B. C. Zoning Administrator. Except as otherwise provided by law, ordinance, rule or regulation, the Zoning Administrator shall administer and enforce Chapter 179(Zoning),Chapter A183 (Subdivision of Land)and Chapter 140(Signs)of the Code of the Town of Queensbury. The Zoning Administrator's duties and responsibilities shall consist of the following: 1) Reviewing all applications for variances, permits or other types of approvals requested of or required by the Town of Queensbury,the Zoning Board of Appeals and/or the Planning Board of the Town of Queensbury. 2) Reviewing all building permits and sign permits to determine compliance with the Chapter 179(Zoning)of the Code of the Town of Queensbury. 3) Making decisions,orders,requirements or determinations as to the applicability of Chapter 179(Zoning), Chapter A183 (Subdivision of Land)and Chapter 140(Signs)of the Code of the Town of Queensbury. 4) Keeping appropriate records of any orders,requirements,determinations or decisions made. 5) Attending meetings of the Zoning Board,Planning Board and Town Board when appropriate. 6) Making site visits when appropriate. 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,as set forth in Chapter 88B. E. Other duties. 1) The Director of Building and Code Enforcement and/or the Fire Marshal,as may be appropriate,shall have the authority to 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 and Code Enforcement,Fire Marshal 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,inspections conducted and notices and orders issued. 3) In addition to duties specified in this Chapter, the Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall have the authority to perform such other duties as may be assigned by the Town Board by Local Law or Ordinance. 4) In accordance with the Labor Law of the State of New York, the Town Board of the Town of Queensbury may, by resolution, cause the Town of Queensbury to assume full responsibility for enforcing the provisions of Article 17 of the Labor Law of the State of New York, titled "Public Safety," and rules adopted thereunder. In the event that the Town Board of the Town of Queensbury adopts said resolution,the Director of Building and Code Enforcement,his assistants, employees and department may be assigned and/or delegated any inspection and enforcement duties required by said Article 17 of the Labor Law by the Town Board of the Town of Queensbury. §88A-8. Powers and duties of assistants and deputies; notification of fire or explosion. A. All Assistant Building Inspectors, Code Enforcement Officers and Deputy Fire Marshals provided for herein shall have any or all of the authority, powers, duties and responsibilities of the Director of Building and Code Enforcement or Fire Marshal, as may be assigned or delegated by the respective Director or Fire Marshal and with the consent of the Town Board when required herein or by the Town Board by Local Law or Ordinance. B. The chief of any fire department or volunteer fire company providing fire-fighting services for properties within the Town of Queensbury shall promptly notify the Director of Building and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural damage,fuel-burning appliance,chimney or gas vent. §88A-9. Cooperation of other departments. The Director of Building and 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 jurisdiction over the construction,use or occupancy of buildings or the installation of equipment therein. §88-10. Applicability of standards. The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator, as may be appropriate, shall have the discretion to permit the continuance of existing conditions within their respective areas of authority,not in strict compliance with the terms of this Chapter or other provisions of this Town Code where the exceptions do not constitute a distinct hazard to life or property. ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. ARTICLE 4.All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed, including Town Code Chapter 88. ARTICLE 5.This Local Law shall take effect upon filing in the office of the New York State Secretary of State. (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. 4 of 2023 of the ( (Town) ' ) of QUEENSBURY was duly passed by the TOWN BOARD on MAY 1 2023 , in accordance with the applicable (Name of Legislative Body) provisions of law. 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 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith 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 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) 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 thereon at the (general)(special)(annual) election held on 20 , 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 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to 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. DOS-0239-f-! (Rev.04/141 AP (r)OE-i • 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 cities 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 a prop ' to certification.) I further certify that I have compared the preceding local law with the original on file in th ffice a that the same is a correct transcript therefrom and of the whole of such original local la nd was finally adop the manner indicated in paragraph ,1 above. Clerk of the county legislative body, City,'Town or Village Clerk or officer designated by local legislative body (Seal) Date: DOS-0239-f-1 (Rev.04/14) PAP 6c-7 LOCAL LAW NO.: 4 OF 2023 A LOCAL LAW REPEALING AND REPLACING TOWN CODE CHAPTER 88 ENTITLED "FIRE PREVENTION AND BUILDING CONSTRUCTION" WITH NEW CHAPTER 88A ENTITLED "ENFORCEMENT OFFICIALS AND PERSONNEL" BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS. ARTICLE 1. Intent; Authority Prior to adoption of this Local Law, Chapter 88 set forth the various officials responsible for enforcing the various provisions of Local and State laws and regulations and also established certain substantive obligations pertaining to the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code). Certain State Regulatory changes to 19 NYCRR Part 1203 have necessitated revisions to local provisions concerning such matters. As a result, it became necessary to divide prior Chapter 88 into Chapter 88A (addressing provisions pertaining to enforcement officials) and Chapter 88B to (addressing specific changes to enforcement of the State Uniform Code and Energy Code. ARTICLE 2. Chapter 88 of the Town Code entitled "Fire Prevention and Building Construction is hereby repealed and Chapter 88A of the Queensbury Town Code, entitled "Enforcement Officials and Personnel" is hereby enacted as follows: § 88A-1. Title. This Chapter shall be known as "Enforcement Officials and Personnel"." § 88A-2. Intent. It is the intent of this Chapter to provide for the continuation of administration and enforcement of the provisions of all applicable laws, codes, ordinances, regulations § 88A-3. Department of Building and Code Enforcement; Director. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the Department 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, with the exception of administration and enforcement of Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury, which shall be administered and enforced by an officer or employee who is designated by the Town Board of the Town of Queensbury as the Zoning Administrator, as provided for herein. The Department of Building and Code Enforcement shall continue to be charged with the duty to enforce said Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs), but shall not otherwise assume the duties assigned to the Zoning Administrator, other than as expressly set forth herein. Nothing herein shall be deemed to prevent the assignment or delegation of the duties, responsibilities and/or authority of the Zoning Administrator to any officer or employee of the Department of Building and Codes. C. Personnel. 1) Director of Building and Code Enforcement. The Department shall be headed by a Town official designated as the "Director of Building and Code Enforcement." The Director of Building and Code Enforcement shall be appointed by the Town Board at a compensation to be fixed by it. The Director of Building and 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 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, to the Town Board. 3) Other employees. The Town Board may appoint such other employees as may be deemed necessary or desirable 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 and Code Enforcement. In the absence of the Director of Building and Code Enforcement, or in the case of his or her 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 Director of Building and Code Enforcement and to exercise all the powers conferred upon him or her by this Chapter. § 88A-5. Fire Marshal. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the office to be known as the "Office of the Fire Marshal." B. Purpose. The purpose of this Office is for the administration and 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 at an annual salary to be determined by the 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. One or more Deputy Fire Marshals may be appointed by the Town Board at an annual salary to be determined by the Town Board. These 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. Each Deputy Fire Marshal shall report to the Fire Marshal and, when requested, to the Town Board. 3) Other employees. The Town Board may appoint such other employees as may be deemed necessary or desirable to carry out the functions of this 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 or her 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 Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this Chapter. § 88A-6. Zoning Administrator. A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the position of Zoning Administrator, which administrator has and shall continue to have the duty and responsibility of administrating and enforcing Chapter 179 (Zoning) of the Code of the Town of Queensbury and making such orders, requirements, decisions or determinations as may be necessary to carry out said duties and responsibilities. The Zoning Administrator shall also have the duty, responsibility and authority to administer and enforce Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury. B. The position and duties, responsibilities and authority of Zoning Administrator may be assigned or delegated by the Town Board of the Town of Queensbury to any qualified employee or officer of the Town. The position of Zoning Administrator and accompanying duties, responsibilities and authority may be assigned or delegated to any Town officer or employee simultaneously with or in addition to any other duties and responsibilities or authority that that individual officer or employee may otherwise hold. The Town Board may, but shall not be obligated to, grant additional compensation or alter or change the affected officer's or employee's duties or responsibilities as a result of the additional zoning administration duties, responsibilities or authority delegated or assigned to the officer or employee. In addition to the foregoing, in the event that the Town Board determines that it shall be necessary, the position and duties, responsibilities and authority of Zoning Administrator may be assigned to an officer or employee or a person whose sole duties will be that of full-time or part-time Zoning Administrator. The Town Board may also appoint such other employees as may be deemed necessary to assist in carrying out the functions of the Zoning Administrator. Compensation of such other and further additional employees shall be fixed by the Town Board. C. The position of Zoning Administrator and the duties, responsibilities and authority incidental thereto shall be vested in any particular officer or employee at the pleasure of the Town Board and such position of Zoning Administrator may be revoked or reassigned to other officers or employees as deemed appropriate by the Town Board. 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 power conferred upon him or her by this Chapter. § 88A-7. Powers and duties of Director, Fire Marshal and Zoning Administrator. A. Director of Building and Code Enforcement. Except as otherwise provided by law, ordinance, rule or regulation, the Director of Building and Code Enforcement shall have the authority to 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 thereto; receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications, and, upon approval of such applications, issue building permits, certificates of occupancy, temporary certificates and operating permits, and include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates and operating permits, property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter 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 and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under New York State Town Law § 138 and shall have the authority set forth in Town Code Chapter 88B. 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 and shall have the authority set forth in Town Code Chapter 88B. C. Zoning Administrator. Except as otherwise provided by law, ordinance, rule or regulation, the Zoning Administrator shall administer and enforce Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury. The Zoning Administrator's duties and responsibilities shall consist of the following: 1) Reviewing all applications for variances, permits or other types of approvals requested of or required by the Town of Queensbury, the Zoning Board of Appeals and/or the Planning Board of the Town of Queensbury. 2) Reviewing all building permits and sign permits to determine compliance with the Chapter 179 (Zoning) of the Code of the Town of Queensbury. 3) Making decisions, orders, requirements or determinations as to the applicability of Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury. 4) Keeping appropriate records of any orders, requirements, determinations or decisions made. 5) Attending meetings of the Zoning Board, Planning Board and Town Board when appropriate. 6) Making site visits when appropriate. 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, as set forth in Chapter 88B. E. Other duties. 1) The Director of Building and Code Enforcement and/or the Fire Marshal, as may be appropriate, shall have the authority to 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 and Code Enforcement, Fire Marshal 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, inspections conducted and notices and orders issued. 3) In addition to duties specified in this Chapter, the Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall have the authority to perform such other duties as may be assigned by the Town Board by Local Law or Ordinance. 4) In accordance with the Labor Law of the State of New York, the Town Board of the Town of Queensbury may, by resolution, cause the Town of Queensbury to assume full responsibility for enforcing the provisions of Article 17 of the Labor Law of the State of New York, titled "Public Safety," and rules adopted thereunder. In the event that the Town Board of the Town of Queensbury adopts said resolution, the Director of Building and Code Enforcement, his assistants, employees and department may be assigned and/or delegated any inspection and enforcement duties required by said Article 17 of the Labor Law by the Town Board of the Town of Queensbury. § 88A-8. Powers and duties of assistants and deputies; notification of fire or explosion. A. All Assistant Building Inspectors, Code Enforcement Officers and Deputy Fire Marshals provided for herein shall have any or all of the authority, powers, duties and responsibilities of the Director of Building and Code Enforcement or Fire Marshal, as may be assigned or delegated by the respective Director or Fire Marshal and with the consent of the Town Board when required herein or by the Town Board by Local Law or Ordinance. B. The chief of any fire department or volunteer fire company providing fire-fighting services for properties within the Town of Queensbury shall promptly notify the Director of Building and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. § 88A-9. Cooperation of other departments. The Director of Building and 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 jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 88-10. Applicability of standards. The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator, as may be appropriate, shall have the discretion to permit the continuance of existing conditions within their respective areas of authority, not in strict compliance with the terms of this Chapter or other provisions of this Town Code where the exceptions do not constitute a distinct hazard to life or property. ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed, including Town Code Chapter 88. ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State Secretary of State.