LL 05.2023 Chapter 88B Fire Prevention and Building Construction - 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.)
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italics or underlining to indicate new matter.
County ❑City 'Town ❑Village
(Select one:)
of QUEENSBURY
Local Law No. 5 of the year 2023
A local law ADOPTING NEW CHAPTER 88B ENTITLED"FIRE PREVENTION AND BUILDING
(Insert Title)
CONSTRUCTION"
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. This Local Law provides for the administration and enforcement of the New York State Uniform Fire
Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code(the
Energy Code) in the Town of Queensbury. This Local Law is adopted pursuant to Section 10 of the Municipal Home
Rule Law. Except as otherwise provided in the Uniform Code, the Energy 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
this Local Law.
ARTICLE 2. Chapter 88B of the Queensbury Town Code, entitled "Fire Prevention and Building Construction" is
hereby enacted as follows:
§ 88B-1 Title.
This Chapter shall be known as"Fire Prevention and Building Construction".
§ 88B-2. Intent
It is the intent of the Town Board of the Town of Queensbury through adoption of this Chapter to continue to provide
for the administration and enforcement of the provisions of the Uniform Code and Energy Code of the State of New
York.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-I (Rev.04/14) Pcel c �'?
§88B-3.Definitions
In this Chapter,the following terms shall have the meanings set forth in this section:
"Assembly Area"shall mean an area in any building, or in any portion of a building,that is primarily used or intended to be used for
gathering fifty or more persons for uses including,but not limited to,amusement,athletic,entertainment,social,or other recreational
functions;patriotic,political,civic,educational,or religious functions;food or drink consumption;awaiting transportation;or similar
purposes.
"Building Permit" shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the
performance of work. The term "Building Permit" shall also include a Building Permit which is renewed, amended, or extended
pursuant to any provision of this Chapter.
"Certificate of Compliance"shall mean a document issued by the Town of Queensbury stating that work was done in compliance with
approved construction documents and the Codes.
"Certificate of Occupancy"shall mean a document issued by the Town of Queensbury certifying that the building or structure,or portion
thereof,complies with the approved construction documents that have been submitted to and approved by the Town of Queensbury and
indicating that the building or structure,or portion thereof,is in a condition suitable for occupancy.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to section 88B-5 of this Chapter. When
exercising his/her authority under section 88B-5(C),this term shall also include the Fire Marshal and/or Deputy Fire Marshals appointed
by the Town Board.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors and, in certain circumstances,the Fire
Marshal and all Deputy Fire Marshals.
"Codes"shall mean the Uniform Code and Energy Code.
"Energy Code"shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy
Law.
"FCNYS"shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
"Fire Safety and Property Maintenance Inspection"shall mean an inspection performed to determine compliance with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR
Part 1226 and the publications incorporated therein by reference.
"Hazardous Production Materials" shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-
of-hazard rating in health, flammability,or instability of Class 3 or 4,as ranked by NFPA 704(Standard Systems for Identification of
the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory,or production processes which
have,as their end product,materials that are not hazardous.
"Inspector"shall mean an inspector appointed pursuant to section 88B-5 of this Chapter.
"Operating Permit" shall mean a permit issued pursuant to section 88B-12 of this Chapter and shall include any Operating Permit
which is renewed,amended,or extended pursuant to any provision of this Chapter.
"Order to Remedy"shall mean an order issued by the Code Enforcement Officer pursuant to subdivision(a)of section 88B-19 of this
Chapter.
"Permit Holder"shall mean the Person to whom a Building Permit has been issued.
"Person"shall include an individual,corporation,limited liability company,partnership,limited partnership,business trust,estate,trust,
association,or any other legal or commercial entity of any kind or description.
"PMCNYS"shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR
Part 1226.
"RCNYS"shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
"Repair" shall mean the reconstruction,replacement, or renewal of any part of an existing building for the purpose of its maintenance
or to correct damage.
"Stop Work Order"shall mean an order issued pursuant to section 88B-8 of this Chapter.
"Sugarhouse" shall mean a building used, in whole or in part, for the collection, storage or processing of maple sap into maple syrup
and/or maple sugar.
"Temporary Certificate of Occupancy"shall mean a certificate issued pursuant to subdivision(D)of section 88B-9 of this Chapter.
"Town"shall mean the Town of Queensbury.
"Uniform Code"shall mean the New York State Uniform Fire Prevention and Building Code,Subchapter A of Chapter XXXIII of Title
19 of the NYCRR,adopted pursuant to Article 18 of the Executive Law.
§88B-4. Applicability of standards.
The provisions of this Chapter 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 combustible or hazardous
substances,materials or devices shall apply equally to new and existing buildings and conditions.
§88B-5.Authority to enforce the Uniform Code and Energy Code of the State of New York.
A. In addition to authority otherwise delegated to such officials by law, rule, regulation or order, the Town Director of Code
Enforcement and all Assistant Building Inspectors/Code Enforcement Officers thereunder,shall have the following authority:
1) To receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of
Compliance,Temporary Certificates of Occupancy,and Operating Permits,and the plans, specifications, and construction documents
submitted with such applications;
2) Upon approval of such applications,to issue Building Permits,Certificates of Occupancy,Certificates of Compliance,Temporary
Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may
determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy,and Operating Permits;
3) To conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy,
Certificates of Compliance,Temporary Certificates of Occupancy,and Operating Permits;fire safety and property maintenance
inspections;inspections incidental to the investigation of complaints;and all other inspections required or permitted under any
provision of this Chapter;
4) To issue Stop Work Orders;
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5) To review and investigate complaints;
6) To issue orders pursuant to subdivision(A)of section 88B-19(Violations)of this Chapter;
7) To maintain records;
8) To collect fees as set by the Town Board of the Town of Queensbury;
9) To pursue administrative enforcement actions and proceedings;
10) In consultation with the Town's Legal Counsel, to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code, and this Chapter, or to abate or correct conditions not in compliance with the
Uniform Code,the Energy Code or this Chapter;and
11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this Chapter.
B. Prior to exercising the authority set forth in this Section,each such official or employee must,within the time prescribed by law,
obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require
for code enforcement personnel,and each such person shall obtain certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
C. The Fire Marshal and all those appointed to serve under him/her who obtains the necessary qualifications shall exercise concurrent
jurisdiction and shall also have the authority set forth in this Section, provided, however, that the authority of the Fire Marshal and
Deputy Fire Marshals is limited to conditions which relate to fire prevention and fire/life safety.
D. The Director of Building and Code Enforcement and Fire Marshal shall have the authority to permit the continuance of existing
conditions within their respective areas of authority,not in strict compliance with the terms of this Chapter where the exceptions do not
constitute a distinct hazard to life or property.
§88B-6.Building Permits.
A. Building Permits Required.Except as otherwise provided in subdivision(b)of this section,a Building Permit shall be required
for any work which must conform to the Uniform Code and/or the Energy Code,including,but not limited to,the construction,
enlargement,alteration, improvement,removal,relocation, or demolition of any building or structure or any portion thereof,
and the installation of a solid fuel burning heating appliance,chimney,or flue in any dwelling unit. No Person shall commence
any work for which a Building Permit is required without first having obtained a Building Permit from the Town of
Queensbury.
B. Exemptions. No Building Permit shall be required for work in any of the following categories:
1) Any work that falls within the exemptions contained in 19 NYCRR 2103.3(a)(1);and
2) Construction work which is not structural in nature and does not entail the installation of plumbing, heating or ventilation
systems or components in addition to such systems already in use.
C. Exemptions are not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a
building permit for work in any category set forth in subdivision(B)of this section shall not be deemed an authorization for
work to be performed in violation of the Uniform Code or the Energy Code.
D. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or
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otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where
the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work
complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be
accompanied by the following information and documentation:
1) A description of the location,nature,extent,and scope of the proposed work;
2) The tax map number and the street address of any affected building or structure;
3) The occupancy classification of any affected building or structure;
4) Where applicable,a statement of special inspections prepared in accordance with the provisions of the Uniform Code;and
5) At least 2 sets of construction documents(drawings and/or specifications)which(i)describe the location,nature,extent, and
scope of the proposed work; (ii) show that the proposed work will conform to the applicable provisions of the Codes; (iii)
show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the
building thermal envelope;(v)show structural information including but not limited to braced wall designs,the size,section,
and relative locations of structural members,design loads,and other pertinent structural information;(vi)show the proposed
structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii)include a written
statement indicating compliance with the Energy Code;(viii)include a site plan,drawn to scale and drawn in accordance with
an accurate boundary survey,showing the size and location of new construction and existing structures and appurtenances on
the site,distances from lot lines,the established street grades and the proposed finished grades,and,as applicable,flood hazard
areas,floodways,and design flood elevations;and(ix)evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not
limited to the design professional's seal which clearly and legibly shows both the design professional's name and license
number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor
the number is obscured in any way,the design professional's registration expiration date,the design professional's firm name
(if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner
professional engineer,the firm's Certificate of Authorization number.
E. Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless
they satisfy the requirements set forth in paragraph(5)of subdivision(D)of this section. Construction documents which are
accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in
writing or by stamp,or in the case of electronic media,an electronic marking.One set of the accepted construction documents
shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to
the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel.However,the return
of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work,nor as
an indication that a Building Permit will be issued. No work shall be commenced until and unless a Building Permit is issued.
F. Issuance of Building Permits.An application for a Building Permit shall be examined to ascertain whether the proposed work
is in compliance with the applicable requirements of the Uniform Code and Energy Code and the Zoning Law of the Town of
Queensbury. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code and Town Zoning Law.
G. Building Permits to be displayed.Building Permits shall be visibly displayed at the work site and shall remain visible until the
authorized work has been completed.
H. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit
shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change
occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer
determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a
new or amended Building Permit reflecting such change is issued.
I. Time limits.Building Permits shall become invalid unless the authorized work is commenced within 12 months following the
date of issuance. Building Permits shall expire 12 months from the date of issuance. A Building Permit which has become
invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder,payment of
the applicable fee,and approval of the application by the Code Enforcement Officer.
J. Revocation or suspension of Building Permits.If the Code Enforcement Officer determines that a Building Permit was issued
in error because of incorrect, inaccurate,or incomplete information,or that the work for which a Building Permit was issued
violates the Uniform Code,the Energy Code of Town Zoning Law,the Code Enforcement Officer has the absolute authority
to revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that(1) all
work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code and Town Zoning
Law; and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform
Code,the Energy Code and Town Zoning Law.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in section 88-B-20(Fees)of this Chapter
must be paid at the time of submission of an application for a Building Permit,for an amended Building Permit,or for renewal
of a Building Permit.
§88B-7.Construction Inspections.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code
Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code
Enforcement Officer when any element of work described in subdivision(B)of this section is ready for inspection.
B. Elements of work to be inspected.The following elements of the construction process shall be inspected,where applicable:
1) Work site prior to the issuance of a Building Permit;
2) Footing and foundation;
3) Preparation for concrete slab;
4) Framing;
5) Structural,electrical,plumbing,mechanical,fire-protection,and other similar service systems of the building;
6) Fire resistant construction;
7) Fire resistant penetrations;
8) Solid fuel burning heating appliances,chimneys, flues,or gas vents;
9) Inspections required to demonstrate Energy Code compliance, including but not limited to insulation,fenestration,air leakage,
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system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy
recovery,whole-house ventilation,plumbing heat traps,and high-performance lighting and controls;
10) Installation,connection,and assembly of factor manufactured buildings and manufactured homes;and
11) A final inspection after all work authorized by the Building Permit has been completed.
C. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction
inspections,a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement
Officer or such authorized Inspector,the remote inspection can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the
elements of the construction process conform to the applicable requirements of the Uniform Code and Energy Code.Should a remote
inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination,an
in-person inspection shall be performed.
D. Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit
Holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a
citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all
applicable provisions of the Uniform Code and the Energy Code,reinspected,and found satisfactory as completed.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in section 88B-20 (Fees)of this Chapter
must be paid prior to or at the time of each inspection performed pursuant to this section.
§88B-8. Stop Work Orders.
A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The
Code Enforcement Officer has the authority to issue a Stop Work Orders to halt:
1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code
or Energy Code,without regard to whether such work is or is not work for which a Building Permit is required,and without regard
to whether a Building Permit has or has not been issued for such work;
2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer,without
regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building
Permit has or has not been issued for such work;or
3) Any work for which a Building Permit is required which is being performed without the required Building Permit,or under a
Building Permit that has become invalid,has expired,or has been suspended or revoked.
B. Content of Stop Work Orders. Stop Work Orders shall(1)be in writing,(2)be dated and signed by the Code Enforcement
Officer,(3)state the reason or reasons for issuance,and(4)if applicable,state the conditions which must be satisfied before
work will be permitted to resume.
C. Service of Stop Work Orders. The Code Enforcement Officer shall have authority to cause a Stop Work Order,or a copy
thereof,to be served on the owner of the affected property(and,if the owner is not the Permit Holder,on the Permit Holder)
personally or by registered or certified mail. The Code Enforcement Officer shall be permitted,but not required,to cause
the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor,
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construction superintendent,or their agents,or any other Person taking part or assisting in work affected by the Stop Work
Order, personally or by registered or certified mail;provided,however,that failure to serve any Person mentioned in this
sentence shall not affect the efficacy of the Stop Work Order.
D. Effect of Stop Work Order.Upon the issuance of a Stop Work Order,the owner of the affected property,the Permit Holder,
and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the
subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement Officer to correct the
reason for issuing the Stop Work Order.
E. Remedy not exclusive.The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event
described in subdivision(A)of this section,and the authority to issue a Stop Work Order shall be in addition to,and not in
substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under
section 88B-19 (Violations) of this Chapter or under any other applicable local law or State law. Any other remedy or
penalty may be pursued at any time,whether prior to,at the time of,or after the issuance of a Stop Work Order.
§88B-9. Certificates of Occupancy and Certificates of Compliance.
A. Certificates of Occupancy and Certificates of Compliance required.A Certificate of Occupancy or Certificate of Compliance is
required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are
converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or
structure,or portion thereof,for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of
Occupancy or Certificate of Compliance.
B. Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate
of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance
with all applicable provisions of the Uniform Code,Energy Code,Town Zoning Laws and all applicable land use approvals and, if
applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or
subclassification to another complies with all applicable provisions of the Uniform Code,Energy Code,Town Zoning Laws and all
applicable land use approvals. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall
inspect the building,structure,or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance.In addition,
where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or
persons as may be designated by or otherwise acceptable to the Code Enforcement Officer,at the expense of the applicant for the
Certificate of Occupancy or Certificate of Compliance,shall be provided to the Code Enforcement Officer prior to the issuance of
the Certificate of Occupancy or Certificate of Compliance:
1) A written statement of structural observations and/or a final report of special inspections,
2) Flood hazard certifications,
3) A written statement of the results of tests performed to show compliance with the Energy Code,and
4) Where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for
factory manufactured buildings and/or manufactured homes.
C. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance
shall contain the following information:
1) The Building Permit number,if any;
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2) The date of issuance of the Building Permit,if any;
3) The name(if any),address and tax map number of the property;
4) If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure,a description of that portion
of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;
5) The use and occupancy classification of the structure;
6) The type of construction of the structure;
7) The occupant load of the assembly areas in the structure, if any;
8) Any special conditions imposed in connection with the issuance of the Building Permit;and
9) The signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date
of issuance.
D. Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of
Occupancy allowing the temporary occupancy of a building or structure,or a portion thereof, prior to completion of the work which
is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate of
Occupancy unless the Code Enforcement Officer determines(1)that the building or structure, or the portion thereof covered by the
Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire
protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational,and(3)that all
required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary
Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the
persons occupying and using the building or structure and/or performing further construction work in the building or structure. A
Temporary Certificate of Occupancy may also be made subject to terms and conditions intended to address ongoing obligations to
comply with Town Zoning Laws and/or land use approvals. A Temporary Certificate of Occupancy shall be effective for a period of
time,not to exceed 12 months,which shall be determined by the Code Enforcement Officer based upon the particular circumstances
presented and such term shall be specified in the Temporary Certificate of Occupancy.During the specified period of effectiveness of
the Temporary Certificate of Occupancy,the Permit Holder shall undertake to bring the building or structure into full compliance with
all applicable provisions of the Uniform Code,Energy Code,Town Zoning Laws and all applicable land use approvals.
E. Revocation or suspension. of Certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy,
Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect information,
and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as
shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall have the absolute discretion to revoke or
suspend such certificate.
F. Fee.The fee specified in or determined in accordance with the provisions set forth in section 88B-20(Fees)of this Chapter must
be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary
Certificate of Occupancy.
§88B-10. Notification Regarding Fire or Explosion.
The chief of any fire department providing firefighting services for a property within the Town of Queensbury shall promptly notify
the Code Enforcement Officer and Town Fire Marshal of any fire or explosion involving any structural damage,fuel burning appliance,
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chimney or gas vent.
§88B-11. Unsafe Buildings,Structures and Equipment,and conditions of imminent danger.
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Town of Queensbury shall be identified and
addressed in accordance with the procedures established by Chapter 60 of the Town Code of the Town of Queensbury.
§88B-12 Operating Permits.
A. Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any
type of building,structure,or facility listed below:
1) Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum
Allowable Quantity tables found in Chapter 50 of the FCNYS;
2) Buildings,structures,facilities,processes,and/or activities that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
a) Chapter 22,"Combustible Dust-Producing Operations."Facilities where the operation produces combustible dust;
b) Chapter 24,"Flammable Finishes."Operations utilizing flammable or combustible liquids,or the application of combustible
powders regulated by Chapter 24 of the FCNYS;
c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process
using ethylene gas;
d) Chapter 26,"Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings,
structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family
dwelling;
e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported
temporary membrane structure,a temporary special event structure,or a tent where approval is required pursuant to Chapter
31 of the FCNYS;
0 Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet
(including aisles)of high-piled storage;
g) Chapter 34,"Tire Rebuilding and Tire Storage."Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or
tire byproducts or operating a tire rebuilding plant;
h) Chapter 35,"Welding and Other Hot Work."Performing public exhibitions and demonstrations where hot work is conducted,
use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where
work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or
two-family dwelling;
i) Chapter 40,"Sugarhouse Alternative Activity Provisions."Conducting an alternative activity at a sugarhouse;
j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives,
fireworks,or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law
section 270;
k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces."Conducting open burning, not including
recreational fires and portable outdoor fireplaces;and
I) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with
assembly areas or educational occupancies.
3) Energy storage systems,where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted
aggregate ratings in section R327.5 of the RCNYS;
4) Buildings containing one or more assembly areas;
5) Outdoor events where the planned attendance exceeds 1,000 persons;
6) Facilities that store,handle or use hazardous production materials;
7) Parking garages as defined in subdivision(A)of section 88B-15 of this Chapter;
8) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety,as determined by
Resolution adopted by the Town Board of the Town of Queensbury;and
9) Other processes or activities or for operating any type of building,structure,or facility as determined by Resolution adopted
by the Town Board of the Town of Queensbury.
Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision shall be required to
obtain an Operating Permit prior to commencing such activity or operation.
B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities,materials,
and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or
reports are necessary to verify conformance,such tests or reports shall be performed or provided by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement Officer,at the expense of the applicant.
C. Exemptions.Operating Permits shall not be required for processes or activities,or the buildings,structures,or facilities listed
in paragraphs(1)through(7)of subdivision(A)of this section,provided that the use is expressly authorized by a certificate
of occupancy or certificate of compliance,fire safety and property maintenance inspections are performed in accordance with
section 88B-13(Fire Safety and Property Maintenance Inspections)of this Chapter,and condition assessments are performed
in compliance with section 88B-15(Condition Assessments of Parking Garages)of this Chapter,as applicable.
D. Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the
subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or
remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code
Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code
Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable
requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town of
Queensbury sufficient information to make a determination,an in-person inspection shall be performed.After inspection,the
premises shall be noted as satisfactory and the operating permit shall be issued,or the operating permit holder shall be notified
as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement
program, including a citation to the specific provision or provisions that have not been met.
E. Multiple Activities. In any circumstance in which more than one activity listed in subdivision (A) of this section is to be
conducted at a location,the Code Enforcement Officer may require a separate Operating Permit for each such activity,or the
Code Enforcement Officer may, in their discretion, issue a single Operating Permit to apply to all such activities.
F. Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local
conditions,but in no event to exceed as follows:
1) 180 days for tents,special event structures,and other membrane structures;
2) 60 days for alternative activities at a sugarhouse;
3) 3 years for the activities,structures,and operations determined per paragraph(9)of subdivision(A)of this section,and
4) 1 year for all other activities,structures,and operations identified in subdivision(A)of this section.
The effective period of each•Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or
renewed upon application to the Code Enforcement Officer, payment of the applicable fee and approval of such application by the
Code Enforcement Officer.
G. Revocation or suspension of Operating Permits.If the Code Enforcement Officer determines that any activity or building for
which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code or conflicts with
the Town Zoning Law, such Operating Permit may be revoked or suspended.
H. Fee.The fee specified in or determined in accordance with the provisions set forth in section 88B-20(Fees)of this Chapter
must be paid at the time that an application for an Operating Permit, for an amended Operating Permit or for reissue or
renewal of an Operating Permit is submitted.
§88B-13. Fire Safety and Property Maintenance Inspections
A. Inspections required.Fire safety and property maintenance inspections of buildings and structures shall be performed by the
Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals:
1) At least once every 12 months for buildings which contain an assembly area;
2) At least once every 12 months for public and private schools and colleges, including any buildings of such schools or
colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining or
recreational facilities;and
3) At least once every 36 months for multiple dwellings and all nonresidential occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and
property maintenance inspections,a remote inspection may be performed in lieu of in-person inspections when,in the opinion
of the Code Enforcement Officer or such authorized Inspector,the remote inspection can be performed to the same level and
quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or
such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the
publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications
incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized
Inspector sufficient information to make a determination,an in-person inspection shall be performed.
C. Inspections permitted. In addition to the inspections required by subdivision (A) of this section, a fire safety and property
maintenance inspection of any building,structure,use,or occupancy,or of any dwelling unit,may also be performed by the
Code Enforcement Officer or an Inspector authorized to perform fire safety and property maintenance inspections at any time
upon:
1) The request of the owner of the property to be inspected or an authorized agent of such owner;
2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with
the Uniform Code or Energy Code exist;or
3) Receipt by the Code Enforcement Officer of any other information,reasonably believed by the Code Enforcement Officer
to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform
Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under
which a Court Order or Warrant permitting such inspection is required,unless such Court Order or Warrant shall have been obtained.
D. OFPC Inspections.
1) Nothing in this section or in any other provision of this Chapter shall supersede, limit, or impair the powers,duties and
responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire
Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b.
2) Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection
performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the
Education Law and/or section 156-e of the Executive Law,in lieu of a fire safety and property maintenance inspection performed
by the Code Enforcement Officer or by an Inspector,provided that:
a) The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19
NYCRR section 1203.2(e);
b) The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property
maintenance inspection;
c) Such inspections are performed no less frequently than once a year;
d) A true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer;and
e) Upon receipt of each such report, the Code Enforcement Officer takes any such appropriate action prescribed by section 88B-19
(Violations)of this Chapter that he or she deems appropriate.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in section 88B-20 (Fees)of this Chapter
must be paid prior to or at the time each inspection is performed pursuant to this section. This subdivision shall not apply to
inspections performed by OFPC.
§88B-14. Complaints.
The Code Enforcement Officer shall have the power and authority to review and investigate complaints which allege or assert the
existence of conditions or activities that fail to comply with the Uniform Code,the Energy Code,this Chapter,or any other Local Law,
•
ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem appropriate:
A. Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such
inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible
for the violation with notice of the violation and opportunity to abate,correct or cure the violation,or otherwise proceeding
in the manner described in section 88B-19(Violations)of this Chapter;
C. If appropriate,issuing a Stop Work Order;
D. If a violation which was found to exist is abated or corrected,performing an inspection to ensure that the violation has been
abated or corrected, preparing a final written report reflecting such abatement or correction and filing such report with the
complaint.
§88B-15. Condition Assessments of Parking Garages.
A. Definitions.For the purposes of this section:
1) The term "condition assessment".means an on-site inspection and evaluation of a parking garage for evidence of
deterioration of any structural element or building component of such parking garage,evidence of the existence of any
unsafe condition in such parking garage and evidence indicating that such parking garage is an unsafe structure;
2) The term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of any structural element or
building component,or any other loss of effectiveness of a structural element or building component;
3) The term"parking garage" means any building or structure, or part thereof, in which all or any part of any structural
level or levels is used for parking or storage of motor vehicles,excluding:
a) Buildings in which the only level used for parking or storage of motor vehicles is on grade;
b) An attached or accessory structure providing parking exclusively for a detached one-or two-family dwelling;and
c) A townhouse unit with attached parking exclusively for such unit;
4) The term"professional engineer"means an individual who is licensed or otherwise authorized under Article 145 of the
Education Law to practice the profession of engineering in the State of New York and who has at least three years of
experience performing structural evaluations;
5) The term"responsible professional engineer" means the professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment
report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional
responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the
preparation of a condition assessment without being the responsible professional engineer for such condition
assessment;
6) The term "unsafe condition" includes the conditions identified as "unsafe" in section 304.1.1, section 305.1.1, and
section 306.1.1 of the PMCNYS;and
7) The term"unsafe structure" means a structure that is so damaged, decayed, dilapidated or structurally unsafe,or is of
such faulty construction or unstable foundation,that partial or complete collapse is possible.
B. Condition Assessments—general requirements. The owner operator of each parking garage shall cause such parking garage
to undergo an initial condition assessment as described in subdivision(C)of this section,periodic condition assessments as
described in subdivision(D)of this section,and such additional condition assessments as may be required under subdivision
(E) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional
engineer. A written report of each condition assessment shall be prepared and provided to the Town in accordance with the
requirements of subdivision(F) of this section. Before performing a condition assessment(other than the initial condition
assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all
available previous condition assessment reports for such parking garage.
C. Initial Condition Assessment.Each parking garage shall undergo an initial condition assessment as follows:
1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following
construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.
2) Parking garages constructed prior to August 29,2018,shall undergo an initial condition assessment as follows:
a) If originally constructed prior to January 1, 1984,then prior to October 1,2019;
b) If originally constructed between January 1, 1984 and December 31,2002,then prior to October 1,2020;and
c) If originally constructed between January 1,2003 and August 28,2018,then prior to October 1,2021.
3) Any parking garage constructed prior to the effective date of this Chapter that has not undergone an initial condition
assessment shall undergo an initial condition assessment prior to June 1,2023.
D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage,such parking garage shall
undergo periodic condition assessments at intervals not to exceed 3 years.
E. Additional Condition Assessments.
1)If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer
that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before
the date by which the next periodic condition assessment would be required under subdivision(D)of this section,the owner
or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage
identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date
recommended in such condition assessment report.
2)If the Town becomes aware of any new or increased deterioration which,in the judgment of the Town,indicates that an additional
condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased
deterioration, should be performed before the date by which the next periodic condition assessment would be required under
subdivision(D)of this section,the owner or operator of such parking garage shall cause such parking garage(or,if applicable,
the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Town to be appropriate under the circumstances.
F. Condition Assessment Reports.The responsible professional engineer shall prepare,or directly supervise the preparation of,
a written report of each condition assessment and shall submit such condition assessment report to the Town within the time
directed to do so. Such condition assessment report shall be sealed and signed by the responsible professional engineer,and
shall include:
_ .,
1)An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
2)An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the
responsible professional engineer,should be remedied immediately to prevent an unsafe condition or unsafe structure;
3)An evaluation and description of the unsafe conditions;
4)An evaluation and description of the problems associated with the deterioration,conditions that cause deterioration,and unsafe
conditions;
5)An evaluation and description of the corrective options available, including the recommended timeframe for remedying the
deterioration,conditions that cause deterioration,and unsafe conditions;
6)An evaluation and description of the risks associated with not addressing the deterioration,conditions that cause deterioration,
and unsafe conditions;
7)The responsible professional engineer's recommendation regarding preventative maintenance;
8)Except in the case of the report of the initial condition assessment,the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the
information in the previously prepared reports while performing the current condition assessment and while preparing the
current report;and
9)The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the
next condition assessment of the parking garage or portion thereof should be performed,the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G. Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the
information in such condition assessment report as may be deemed necessary or appropriate to protect the public from the
hazards that may result from the conditions described in such report. In particular,but not by way of limitation,the Town
may, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or
operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and
all unsafe conditions identified in such condition assessment report pursuant to subdivision(F). All repairs and remedies
shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the
Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's
operating permit,as may be necessary or appropriate in response to the information in a condition assessment report.
H. The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with
a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared
condition assessment reports for such parking garage(or copies of such reports)available to such professional engineer.
The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or copies thereof) available to the
professional engineer.
•
I) This section shall not limit or impair the right or the obligation of the Town:
a) To perform such construction inspections as set forth in section 88B-7(Construction Inspections)of this Chapter;
b) To perform such periodic fire safety and property maintenance inspections as set forth in section 88B-13 (Fire Safety and
Property Maintenance Inspections)of this Chapter;and/or
c) To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the
attention of the Town by means of its own inspections or observations,by means of a complaint,or by any other means other
than a condition assessment or a report of a condition assessment.
§88B-16.Climatic and Geographic Design Criteria.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures
constructed within the Town of Queensbury as required by the Uniform Code. Such determinations shall be made in the manner
specified in the Uniform Code using,where applicable,the maps,charts,and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily be limited to,the following:
1) Design criteria to include ground snow load;wind design loads;seismic category;potential damage from weathering,frost,and
termite; winter design temperature; whether ice barrier underlayment is required;the air freezing index; and the mean annual
temperature;
2) Heating and cooling equipment design criteria for structures within the scope of the RCNYS.The design criteria shall include
the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS;and
3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood
hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community,as
amended or revised with:
a) The accompanying Flood Insurance Rate Map(FIRM);
b) Flood Boundary and Floodway Map(FBFM);and
c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant
to subdivision(a)of this section,shall maintain such record within the office of the Code Enforcement Officer,and shall make
such record readily available to the public.
§88B-17. Record Keeping.
A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code
Enforcement Personnel,including records of:
1) All applications received,reviewed and approved or denied;
2) All plans,specifications and construction documents approved;
3) All Building Permits, Certificates of Occupancy, Certificates of Compliance,Temporary Certificates, Stop Work Orders, and
Operating Permits issued;
4) All inspections and tests performed;
5) All statements and reports issued;
6) All complaints received;
7) All investigations conducted;
8) All condition assessment reports received;
9) All fees charged and collected;and
10) All other features and activities specified in or contemplated by sections 88B-6 through 88B-16, inclusive,of this Chapter.
B. All such records shall be public records open for public inspection during normal business hours. All plans and records
pertaining to buildings or structures,or appurtenances thereto,shall be retained for at least the minimum time period so required
by State law and regulation.
§88B-18. Program Review and Reporting.
A. The Code Enforcement Officer shall annually submit to the Town Board of the Town of Queensbury a written report and
summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all
transactions and activities described in section 88B-16(Record Keeping)of this Chapter and a report and summary of all appeals
or litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by
the Secretary of State,a report of the activities of the Town relative to administration and enforcement of the Uniform Code.
C. The Code Enforcement Officer shall,upon request of the New York State Department of State,provide to the New York State
Department of State,true and complete copies of the records and related materials the Town is required to maintain;true and
complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or
such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with
administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State.
§88B-19. Violations.
A. Orders to Remedy.The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity
found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this
Chapter. An Order to Remedy shall be in writing;shall be dated and signed by the Code Enforcement Officer;shall specify the
condition or activity that violates the Uniform Code,the Energy Code,or the Chapter;shall specify the provision or provisions
of the Uniform Code, the Energy Code or this Chapter which is/are violated by the specified condition or activity; and shall
include a statement substantially similar to the following:
"The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by
[sped date], which is thirty (30) days after the date of this
Order to Remedy."
The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy(1)to begin to remedy
the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than
thirty(30)days;to continue diligently to remedy such violations until each such violation is fully remedied;and,in any event,to complete
the remedying of all such violations within thirty(30)days of the date of such Order to Remedy;and/or(2)to take such other protective
actions(such as vacating the building or barricading the area where the violations exist)which are authorized by this Chapter or by any
other applicable statute,regulation,rule,local law or ordinance,and which the Code Enforcement Officer may deem appropriate,during
the period while such violations are being remedied. When an Order to Remedy is issued,to be effective,the Code Enforcement Officer
must cause the Order to Remedy,or a copy thereof,to be served on the owner of the affected property personally or by registered mail
or certified mail within five(5)days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted,but not
required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent,or their agents,or any other Person taking part or assisting in work being performed at the affected property
personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that
failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
B. Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C. Penalties. In addition to such other penalties as may be prescribed by State law,
1)any Person who violates any provision of this Chapter or any term,condition,or provision of any Building Permit, Certificate of
Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of this Chapter, shall be punishable by a fine of not more
than$50 per day of violation,or imprisonment not exceeding 15 days,or both;and
2)any Person who violates any provision of the Uniform Code, the Energy Code or this Chapter, or any term or condition of any
Building Permit,Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating
Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Chapter,shall be liable
to pay a civil penalty of not more than$50 for each day or part thereof during which such violation continues.The civil penalties
provided by this paragraph shall be recoverable in an action instituted in the name of the Town of Queensbury.
D. Injunctive Relief. An action or proceeding may be instituted in the name of the Town of Queensbury, in a Court of competent
jurisdiction,to prevent,restrain,enjoin,correct,or abate any violation of,or to enforce,any provision of the Uniform Code,the
Energy Code, this Chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of
Compliance,Temporary Certificate, Stop Work Order,Operating Permit,Order to Remedy,or other notice or order issued by
the Code Enforcement Officer pursuant to any provision of this Chapter. In particular,but not by way of limitation,where the
construction or use of a building or structure is in violation of any provision of the Uniform Code,the Energy Code,this Chapter,
or any Stop Work Order,Order to Remedy or other Order obtained under the Uniform Code,the Energy Code or this Chapter,
an action or proceeding may be commenced in the name of the Town of Queensbury in the Supreme Court or in any other Court
having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions.
E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to
address any violation described in this Chapter,and each remedy or penalty specified in this section shall be in addition to,and
not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 88B-8 (Stop Work
Orders)of this Chapter, in any other section of this Chapter,or in any other applicable law. Any remedy or penalty specified
in this section may be pursued at any time,whether prior to, simultaneously with,or after the pursuit of any other remedy or
penalty specified in this section, in section 88B-8 (Stop Work Orders)of this Chapter, in any other section of this Chapter,or
in any other applicable law. In particular,but not by way of limitation,each remedy and penalty specified in this section shall
be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the
Executive Law,and any remedy or penalty specified in this section may be pursued at any time,whether prior to,simultaneously
with,or after the pursuit of any penalty specified in subdivision(2)of section 382 of the Executive Law.
§88B-20. Fees.
A fee schedule shall be established by Resolution of the Town Board of the Town of Queensbury. Such fee schedule may thereafter be
amended from time to time by like Resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended
fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building
Permits,renewed Building Permits,Certificates of Occupancy,Certificates of Compliance,Temporary Certificates,Operating Permits,
fire safety and property maintenance inspections and other actions of the Code Enforcement Officer described in or contemplated by
Chapter.
§88B-21. Intermunicipal Agreements.
The Town Board of the Town of Queensbury may,by Resolution,authorize the Town Supervisor to enter into an Agreement in the name
of the Town of Queensbury with any other governments to carry out the terms of this Local Law,provided that such Agreement does
not violate any provision of the Uniform Code,the Energy Code,Part 12-3 of Title 19 of the NYCRR or any other applicable law.
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.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
(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 2023 of
the (` grkf ((j ti)(Town)QQ ) of QUEENSBURY was duly passed by the
TOWN BOA 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-I (Rev.04/14) R''qe 21 CC`z►Z
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 an . - • •• e certification.)
I further certify that I have compared the preceding local law with the original on file in thi. office and t -t the same is a
correct transcript therefrom and of the whole of such original local la nd was finally ad•- -d in • manner indicated in
paragraph ,1 above.
�L c R L
Clerk of the county legislative body, City, I own or'Village Clerk or
officer designated by local legislative body
(Seal) Date: 5 3 -v?Q
DOS-0239-f-1 (Rev.04/14) t me n,7 r/ 22
LOCAL LAW NO.: 5 OF 2023
A LOCAL LAW ADOPTING NEW CHAPTER 88B ENTITLED "FIRE
PREVENTION AND BUILDING CONSTRUCTION"
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
ARTICLE 1. This Local Law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy
Conservation Construction Code (the Energy Code) in the Town of Queensbury. This Local
Law is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy 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 this Local Law.
ARTICLE 2. Chapter 88B of the Queensbury Town Code, entitled "Fire Prevention and
Building Construction" is hereby enacted as follows:
§ 8813-1 Title.
This Chapter shall be known as "Fire Prevention and Building Construction".
§ 8813-2. Intent
It is the intent of the Town Board of the Town of Queensbury through adoption of this Chapter
to continue to provide for the administration and enforcement of the provisions of the Uniform
Code and Energy Code of the State of New York.
§ 8813-3. Definitions
In this Chapter, the following terms shall have the meanings set forth in this section:
"Assembly Area" shall mean an area in any building, or in any portion of a building, that is
primarily used or intended to be used for gathering fifty or more persons for uses including, but
not limited to, amusement, athletic, entertainment, social, or other recreational functions;
patriotic, political, civic, educational, or religious functions; food or drink consumption;
awaiting transportation; or similar purposes.
"Building Permit" shall mean a building permit, construction permit, demolition permit, or
other permit that authorizes the performance of work. The term `Building Permit" shall also
include a Building Permit which is renewed, amended, or extended pursuant to any provision
of this Chapter.
"Certificate of Compliance" shall mean a document issued by the Town of Queensbury stating
that work was done in compliance with approved construction documents and the Codes.
"Certificate of Occupancy" shall mean a document issued by the Town of Queensbury certifying
that the building or structure, or portion thereof, complies with the approved construction
documents that have been submitted to and approved by the Town of Queensbury and indicating
that the building or structure, or portion thereof, is in a condition suitable for occupancy.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
section 8813-5 of this Chapter. When exercising his/her authority under section 88B-5(C), this
term shall also include the Fire Marshal and/or Deputy Fire Marshals appointed by the Town
Board.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors
and, in certain circumstances, the Fire Marshal and all Deputy Fire Marshals.
"Codes" shall mean the Uniform Code and Energy Code.
"Energy Code" shall mean the New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the Energy Law.
"FCNYS"' shall mean the 2020 Fire Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1225.
"Fire Safety and Property Maintenance Inspection" shall mean an inspection performed to
determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the
publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
"Hazardous Production Materials" shall mean a solid, liquid, or gas associated with
semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or
instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the
Hazards of Materials for Emergency Response), and which is used directly in research,
laboratory, or production processes which have, as their end product, materials that are not
hazardous.
"Inspector" shall mean an inspector appointed pursuant to section 8813-5 of this Chapter.
"Operating Permit" shall mean a permit issued pursuant to section 8813-12 of this Chapter and
shall include any Operating Permit which is renewed, amended, or extended pursuant to any
provision of this Chapter.
"Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 8813-19 of this Chapter.
"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include an individual, corporation, limited liability company, partnership, limited
partnership, business trust, estate, trust, association, or any other legal or commercial entity of
any kind or description.
"PMCNEV' shall mean the 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
"RCNYS"' shall mean the 2020 Residential Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1220.
"Repair" shall mean the reconstruction, replacement, or renewal of any part of an existing
building for the purpose of its maintenance or to correct damage.
"Stop Work Order" shall mean an order issued pursuant to section 8813-8 of this Chapter.
"Sugarhouse" shall mean a building used, in whole or in part, for the collection, storage or
processing of maple sap into maple syrup and/or maple sugar.
"Temporary Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision
(D) of section 8813-9 of this Chapter.
"Town" shall mean the Town of Queensbury.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of
the Executive Law.
§ 88B-4. Applicability of standards.
The provisions of this Chapter 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 combustible or hazardous substances, materials
or devices shall apply equally to new and existing buildings and conditions.
§88B-5. Authority to enforce the Uniform Code and Energy Code of the State of New
York.
A. In addition to authority otherwise delegated to such officials by law, rule, regulation or
order, the Town Director of Code Enforcement and all Assistant Building Inspectors/Code
Enforcement Officers thereunder, shall have the following authority:
1) To receive, review, and approve or disapprove applications for Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy,
and Operating Permits, and the plans, specifications, and construction documents submitted with
such applications;
2) Upon approval of such applications, to issue Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and
to include in terms and conditions as the Code Enforcement Officer may determine to be
appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance,
Temporary Certificates of Occupancy, and Operating Permits;
3) To conduct construction inspections; inspections to be made prior to the issuance of
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, and Operating Permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all other inspections
required or permitted under any provision of this Chapter;
4) To issue Stop Work Orders;
5) To review and investigate complaints;
6) To issue orders pursuant to subdivision (A) of section 8813-19 (Violations) of this
Chapter;
7) To maintain records;
8) To collect fees as set by the Town Board of the Town of Queensbury;
9) To pursue administrative enforcement actions and proceedings;
10) In consultation with the Town's Legal Counsel, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this
Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the
Energy Code or this Chapter; and
11) To exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this Chapter.
B. Prior to exercising the authority set forth in this Section, each such official or employee
must, within the time prescribed by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall require for code
enforcement personnel, and each such person shall obtain certification from the Department of
State pursuant to the Executive Law and the regulations promulgated thereunder.
C. The Fire Marshal and all those appointed to serve under him/her who obtains the necessary
qualifications shall exercise concurrent jurisdiction and shall also have the authority set forth in
this Section, provided, however, that the authority of the Fire Marshal and Deputy Fire Marshals
is limited to conditions which relate to fire prevention and fire/life safety.
D. The Director of Building and Code Enforcement and Fire Marshal shall have the authority to
permit the continuance of existing conditions within their respective areas of authority, not in
strict compliance with the terms of this Chapter where the exceptions do not constitute a distinct
hazard to life or property.
§88B-6. Building Permits.
A. Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a
Building Permit shall be required for any work which must conform to the Uniform Code and/or
the Energy Code, including, but not limited to, the construction, enlargement, alteration,
improvement, removal, relocation, or demolition of any building or structure or any portion
thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any
dwelling unit. No Person shall commence any work for which a Building Permit is required
without first having obtained a Building Permit from the Town of Queensbury.
B. Exemptions. No Building Permit shall be required for work in any of the following
categories:
1) Any work that falls within the exemptions contained in 19 NYCRR 2103.3(a)(1); and
2) Construction work which is not structural in nature and does not entail the installation of
plumbing, heating or ventilation systems or components in addition to such systems already in
use.
C. Exemptions are not deemed authorization to perform non-compliant work. The exemption
from the requirement to obtain a building permit for work in any category set forth in
subdivision (B) of this section shall not be deemed an authorization for work to be performed in
violation of the Uniform Code or the Energy Code.
D. Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The
application shall be signed by the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied by the following
information and documentation:
1) A description of the location, nature, extent, and scope of the proposed work;
2) The tax map number and the street address of any affected building or structure;
3) The occupancy classification of any affected building or structure;
4) Where applicable, a statement of special inspections prepared in accordance with the
provisions of the Uniform Code; and
5) At least 2 sets of construction documents (drawings and/or specifications) which (i)
describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed
work will conform to the applicable provisions of the Codes; (iii) show the location,
construction, size, and character of all portions of the means of egress; (iv) show a
representation of the building thermal envelope; (v) show structural information including but
not limited to braced wall designs, the size, section, and relative locations of structural members,
design loads, and other pertinent structural information; (vi) show the proposed structural,
electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii)
include a written statement indicating compliance with the Energy Code; (viii) include a site
plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the
size and location of new construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed finished grades, and, as
applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that
the documents were prepared by a licensed and registered architect in accordance with Article
147 of the New York State Education Law or a licensed and registered professional engineer in
accordance with Article 145 of the New York State Education Law and practice guidelines,
including but not limited to the design professional's seal which clearly and legibly shows both
the design professional's name and license number and is signed by the design professional
whose name appears on the seal in such a manner that neither the name nor the number is
obscured in any way, the design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the documents are submitted by a
professional engineering firm and not a sole practitioner professional engineer, the firm's
Certificate of Authorization number.
E. Construction documents. Construction documents will not be accepted as part of an
application for a Building Permit unless they satisfy the requirements set forth in paragraph (5)
of subdivision (D) of this section. Construction documents which are accepted as part of the
application for a Building Permit shall be marked as accepted by the Code Enforcement Officer
in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the
accepted construction documents shall be retained by the Code Enforcement Officer, and one set
of the accepted construction documents shall be returned to the applicant to be kept at the work
site so as to be available for use by the Code Enforcement Personnel. However, the return of a
set of accepted construction documents to the applicant shall not be construed as authorization
to commence work, nor as an indication that a Building Permit will be issued. No work shall be
commenced until and unless a Building Permit is issued.
F. Issuance of Building Permits. An application for a Building Permit shall be examined to
ascertain whether the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code and the Zoning Law of the Town of Queensbury. The Code
Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with
the applicable requirements of the Uniform Code and Energy Code and Town Zoning Law.
G. Building Permits to be displayed. Building Permits shall be visibly displayed at the work site
and shall remain visible until the authorized work has been completed.
H. Work to be in accordance with construction documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as part of
the application for the Building Permit. The Building Permit shall contain such a directive. The
Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring
during the course of the work. The Building Permit shall contain such a directive. If the Code
Enforcement Officer determines that such change warrants a new or amended Building Permit,
such change shall not be made until and unless a new or amended Building Permit reflecting
such change is issued.
L Time limits. Building Permits shall become invalid unless the authorized work is
commenced within 12 months following the date of issuance. Building Permits shall expire 12
months from the date of issuance. A Building Permit which has become invalid or which has
expired pursuant to this subdivision may be renewed upon application by the Permit Holder,
payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J. Revocation or suspension of Building Permits. If the Code Enforcement Officer determines
that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete
information, or that the work for which a Building Permit was issued violates the Uniform Code,
the Energy Code of Town Zoning Law, the Code Enforcement Officer has the absolute authority
to revoke the Building Permit or suspend the Building Permit until such time as the Permit
Holder demonstrates that (1) all work then completed is in compliance with all applicable
provisions of the Uniform Code, the Energy Code and Town Zoning Law; and (2) all work then
proposed to be performed shall be in compliance with all applicable provisions of the Uniform
Code, the Energy Code and Town Zoning Law.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in section
88-B-20 (Fees) of this Chapter must be paid at the time of submission of an application for a
Building Permit, for an amended Building Permit, or for renewal of a Building Permit.
§8813-7. Construction Inspections.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until
inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the
Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer
when any element of work described in subdivision (B) of this section is ready for inspection.
B. Elements of work to be inspected. The following elements of the construction process
shall be inspected, where applicable:
1) Work site prior to the issuance of a Building Permit;
2) Footing and foundation;
3) Preparation for concrete slab;
4) Framing;
5) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service
systems of the building;
6) Fire resistant construction;
7) Fire resistant penetrations;
8) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
9) Inspections required to demonstrate Energy Code compliance, including but not limited to
insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where
required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and controls;
10) Installation, connection, and assembly of factor manufactured buildings and manufactured
homes; and
11) A final inspection after all work authorized by the Building Permit has been completed.
C. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform construction inspections, a remote inspection may be performed in lieu
of an in-person inspection when, in the opinion of the Code Enforcement Officer or such
authorized Inspector, the remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction of the Code
Enforcement Officer or by such authorized Inspector that the elements of the construction
process conform to the applicable requirements of the Uniform Code and Energy Code.
Should a remote inspection not afford the Code Enforcement Officer or such authorized
Inspector sufficient information to make a determination, an in-person inspection shall be
performed.
D. Inspection results. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the Permit Holder shall be notified as to the manner in which the
work fails to comply with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work not in compliance with
any applicable provision of the Uniform Code or Energy Code shall remain exposed until
such work shall have been brought into compliance with all applicable provisions of the
Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid prior to or at the time of each inspection
performed pursuant to this section.
§88B-8. Stop Work Orders.
A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work
Orders pursuant to this section. The Code Enforcement Officer has the authority to issue a
Stop Work Orders to halt:
1) Any work that is determined by the Code Enforcement Officer to be contrary to any
applicable provision of the Uniform Code or Energy Code, without regard to whether such
work is or is not work for which a Building Permit is required, and without regard to whether
a Building Permit has or has not been issued for such work;
2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the
Code Enforcement Officer, without regard to whether such work is or is not work for which a
Building Permit is required, and without regard to whether a Building Permit has or has not
been issued for such work; or
3) Any work for which a Building Permit is required which is being performed without the
required Building Permit, or under a Building Permit that has become invalid, has expired, or
has been suspended or revoked.
B. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and
signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4)
if applicable, state the conditions which must be satisfied before work will be permitted to
resume.
C. Service of Stop Work Orders. The Code Enforcement Officer shall have authority to
cause a Stop Work Order, or a copy thereof, to be served on the owner of the affected
property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by
registered or certified mail. The Code Enforcement Officer shall be permitted, but not
required, to cause the Stop Work Order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or
any other Person taking part or assisting in work affected by the Stop Work Order, personally
or by registered or certified mail; provided, however, that failure to serve any Person
mentioned in this sentence shall not affect the efficacy of the Stop Work Order.
D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the
affected property, the Permit Holder, and any other Person performing, taking part in, or
assisting in the work shall immediately cease all work which is the subject of the Stop Work
Order, other than work expressly authorized by the Code Enforcement Officer to correct the
reason for issuing the Stop Work Order.
E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive
remedy available to address any event described in subdivision (A) of this section, and the
authority to issue a Stop Work Order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any other penalty
under section 8813-19 (Violations) of this Chapter or under any other applicable local law or
State law. Any other remedy or penalty may be pursued at any time, whether prior to, at the
time of, or after the issuance of a Stop Work Order.
§88B-9. Certificates of Occupancy and Certificates of Compliance.
A. Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance is required for any work which is the subject of a
Building Permit and for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another. Permission to use or
occupy a building or structure, or portion thereof, for which a Building Permit was previously
issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of
Compliance.
B. Issuance of Certificates of Occupancy and Certificates of Compliance. The Code
Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if
the work which was the subject of the Building Permit was completed in accordance with all
applicable provisions of the Uniform Code, Energy Code, Town Zoning Laws and all
applicable land use approvals and, if applicable, that the structure, building or portion thereof
that was converted from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code, Energy Code, Town Zoning
Laws and all applicable land use approvals. The Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the building, structure, or work
prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition,
where applicable, the following documents, prepared in accordance with the provisions of the
Uniform Code by such person or persons as may be designated by or otherwise acceptable to
the Code Enforcement Officer, at the expense of the applicant for the Certificate of
Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer
prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
1) A written statement of structural observations and/or a final report of special
inspections,
2) Flood hazard certifications,
3) A written statement of the results of tests performed to show compliance with the
Energy Code, and
4) Where applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory manufactured buildings and/or
manufactured homes.
C. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of
Occupancy or Certificate of Compliance shall contain the following information:
1) The Building Permit number, if any;
2) The date of issuance of the Building Permit, if any;
3) The name (if any), address and tax map number of the property;
4) If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire
structure, a description of that portion of the structure for which the Certificate of Occupancy or
Certificate of Compliance is issued;
5) The use and occupancy classification of the structure;
6) The type of construction of the structure;
7) The occupant load of the assembly areas in the structure, if any;
8) Any special conditions imposed in connection with the issuance of the Building Permit; and
9) The signature of the Code Enforcement Officer issuing the Certificate of Occupancy or
Certificate of Compliance and the date of issuance.
D. Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to
issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject of a
Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary
Certificate of Occupancy unless the Code Enforcement Officer determines (1) that the building
or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be
occupied safely, (2) that any required fire and life safety components, such as fire protection
equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and
operational, and (3) that all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such
terms and conditions as he or she deems necessary or appropriate to ensure the health and
safety of the persons occupying and using the building or structure and/or performing further
construction work in the building or structure. A Temporary Certificate of Occupancy may
also be made subject to terms and conditions intended to address ongoing obligations to
comply with Town Zoning Laws and/or land use approvals. A Temporary Certificate of
Occupancy shall be effective for a period of time, not to exceed 12 months, which shall be
determined by the Code Enforcement Officer based upon the particular circumstances
presented and such term shall be specified in the Temporary Certificate of Occupancy. During
the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit
Holder shall undertake to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code, Energy Code, Town Zoning Laws and all applicable land use
approvals.
E. Revocation or suspension of Certificates. If the Code Enforcement Officer determines that a
Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of
Occupancy was issued in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such
period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement
Officer shall have the absolute discretion to revoke or suspend such certificate.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid at the time of submission of an application
for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of
Occupancy.
§ 88B-10. Notification Regarding Fire or Explosion.
The chief of any fire department providing firefighting services for a property within the Town
of Queensbury shall promptly notify the Code Enforcement Officer and Town Fire Marshal of
any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas
vent.
§ 88B-11. Unsafe Buildings, Structures and Equipment, and conditions of imminent
danger.
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Town of
Queensbury shall be identified and addressed in accordance with the procedures established by
Chapter 60 of the Town Code of the Town of Queensbury.
§ 88B-12 Operating Permits.
A. Operation Permits required. Operating Permits shall be required for conducting any
process or activity or for operating any type of building, structure, or facility listed below:
1) Manufacturing, storing, or handling hazardous materials in quantities exceeding those
listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the
FCNYS;
2) Buildings, structures, facilities, processes, and/or activities that are within the scope and/or
permit requirements of the chapter or section title of the FCNYS as follows:
a) Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation
produces combustible dust;
b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids,
or the application of combustible powders regulated by Chapter 24 of the FCNYS;
c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or
conducting a fruit-ripening process using ethylene gas;
d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or
insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or
insecticidal fogging performed by the occupant of a detached one-family dwelling;
e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane
Structures." Operating an air-supported temporary membrane structure, a temporary special
event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;
f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities
with more than 500 square feet(including aisles) of high-piled storage;
g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess
of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
h) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and
demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment,
inside or on a structure, except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by the occupant of a detached
one- or two-family dwelling;
i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative
activity at a sugarhouse;
j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling,
selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the
outdoor use of sparkling devices as defined by Penal Law section 270;
k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces."
Conducting open burning, not including recreational fires and portable outdoor fireplaces; and
1) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire,
and burning in connection with assembly areas or educational occupancies.
3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of
the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS;
4) Buildings containing one or more assembly areas;
5) Outdoor events where the planned attendance exceeds 1,000 persons;
6) Facilities that store, handle or use hazardous production materials;
7) Parking garages as defined in subdivision (A) of section 8813-15 of this Chapter;
8) Buildings whose use or occupancy classification may pose a substantial potential hazard
to public safety, as determined by Resolution adopted by the Town Board of the Town of
Queensbury; and
9) Other processes or activities or for operating any type of building, structure, or facility as
determined by Resolution adopted by the Town Board of the Town of Queensbury.
Any person who proposes to undertake any activity or to operate any type of building listed in
this subdivision shall be required to obtain an Operating Permit prior to commencing such
activity or operation.
B. Applications for Operating Permits. An application for an Operating Permit shall be in
writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such
application shall include such information as the Code Enforcement Officer deems sufficient to
permit a determination by the Code Enforcement Officer that quantities, materials, and
activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer
determines that tests or reports are necessary to verify conformance, such tests or reports shall
be performed or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. Exemptions. Operating Permits shall not be required for processes or activities, or the
buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (A) of this
section, provided that the use is expressly authorized by a certificate of occupancy or certificate
of compliance, fire safety and property maintenance inspections are performed in accordance
with section 8813-13 (Fire Safety and Property Maintenance Inspections) of this Chapter, and
condition assessments are performed in compliance with section 8813-15 (Condition
Assessments of Parking Garages) of this Chapter, as applicable.
D. Inspections. The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating
Permit. Such inspections shall be performed either in-person or remotely. Remote inspections
in lieu of in-person inspections may be performed when, at the discretion of the Code
Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote
inspection can be performed to the same level and quality as an in-person inspection and the
remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector
authorized by the Code Enforcement Officer that the premises conform with the applicable
requirements of the Uniform Code and the code enforcement program. Should a remote
inspection not afford the Town of Queensbury sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the premises shall be noted as
satisfactory and the operating permit shall be issued, or the operating permit holder shall be
notified as to the manner in which the premises fail to comply with either or both of the
Uniform Code and the code enforcement program, including a citation to the specific provision
or provisions that have not been met.
E. Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (A) of this section is to be conducted at a location, the Code Enforcement Officer
may require a separate Operating Permit for each such activity, or the Code Enforcement
Officer may, in their discretion, issue a single Operating Permit to apply to all such activities.
F. Duration of Operating Permits. Operating permits shall be issued for a specified period of
time consistent with local conditions, but in no event to exceed as follows:
1) 180 days for tents, special event structures, and other membrane structures;
2) 60 days for alternative activities at a sugarhouse;
3) 3 years for the activities, structures, and operations determined per paragraph (9) of
subdivision (A) of this section, and
4) 1 year for all other activities, structures, and operations identified in subdivision (A) of this
section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An
Operating Permit may be reissued or renewed upon application to the Code Enforcement
Officer, payment of the applicable fee and approval of such application by the Code
Enforcement Officer.
G. Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code or conflicts with the Town Zoning
Law, such Operating Permit may be revoked or suspended.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid at the time that an application for an
Operating Permit, for an amended Operating Permit or for reissue or renewal of an Operating
Permit is submitted.
§88B-13. Fire Safety and Property Maintenance Inspections
A. Inspections required. Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Code Enforcement Officer or an Inspector designated by
the Code Enforcement Officer at the following intervals:
1) At least once every 12 months for buildings which contain an assembly area;
2) At least once every 12 months for public and private schools and colleges, including
any buildings of such schools or colleges containing classrooms, dormitories, fraternities,
sororities, laboratories, physical education, dining or recreational facilities; and
3) At least once every 36 months for multiple dwellings and all nonresidential occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform fire safety and property maintenance inspections, a remote inspection
may be performed in lieu of in-person inspections when, in the opinion of the Code
Enforcement Officer or such authorized Inspector, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote inspection shows to the
satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises
conform with the applicable provisions of 19 NYCRR Part 1225 and the publications
incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and
the publications incorporated therein by reference. Should a remote inspection not afford the
Code Enforcement Officer or such authorized Inspector sufficient information to make a
determination, an in-person inspection shall be performed.
C. Inspections permitted. In addition to the inspections required by subdivision (A) of this
section, a fire safety and property maintenance inspection of any building, structure, use, or
occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer
or an Inspector authorized to perform fire safety and property maintenance inspections at any
time upon:
1) The request of the owner of the property to be inspected or an authorized agent of such
owner;
2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions
or activities failing to comply with the Uniform Code or Energy Code exist; or
3) Receipt by the Code Enforcement Officer of any other information, reasonably believed
by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that
conditions or activities failing to comply with the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an
inspection under any circumstances under which a Court Order or Warrant permitting such
inspection is required, unless such Court Order or Warrant shall have been obtained.
D. OFPC Inspections.
1) Nothing in this section or in any other provision of this Chapter shall supersede, limit, or
impair the powers, duties and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator or other authorized entity
under Executive Law section 156-e and Education Law section 807-b.
2) Notwithstanding any other provision of this section to the contrary, the Code Enforcement
Officer may accept an inspection performed by the Office of Fire Prevention and Control or other
authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of
the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the
Code Enforcement Officer or by an Inspector, provided that:
a) The Code Enforcement Officer is satisfied that the individual performing such inspection
satisfies the requirements set forth in 19 NYCRR section 1203.2(e);
b) The Code Enforcement Officer is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
c) Such inspections are performed no less frequently than once a year;
d) A true and complete copy of the report of each such inspection is provided to the Code
Enforcement Officer; and
e) Upon receipt of each such report, the Code Enforcement Officer takes any such
appropriate action prescribed by section 8813-19 (Violations) of this Chapter that he or she deems
appropriate.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid prior to or at the time each inspection is
performed pursuant to this section. This subdivision shall not apply to inspections performed by
OFPC.
§88B-14. Complaints.
The Code Enforcement Officer shall have the power and authority to review and investigate
complaints which allege or assert the existence of conditions or activities that fail to comply
with the Uniform Code, the Energy Code, this Chapter, or any other Local Law, ordinance or
regulation adopted for administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the following steps as the Code
Enforcement Officer may deem appropriate:
A. Performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other
Person who may be responsible for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the manner described in section
8813-19 (Violations) of this Chapter;
C. If appropriate, issuing a Stop Work Order;
D. If a violation which was found to exist is abated or corrected, performing an inspection to
ensure that the violation has been abated or corrected, preparing a final written report reflecting
such abatement or correction and filing such report with the complaint.
§88B-15. Condition Assessments of Parking Garages.
A. Definitions. For the purposes of this section:
1) The term "condition assessment" means an on-site inspection and evaluation of a parking
garage for evidence of deterioration of any structural element or building component of such
parking garage, evidence of the existence of any unsafe condition in such parking garage and
evidence indicating that such parking garage is an unsafe structure;
2) The term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of
any structural element or building component, or any other loss of effectiveness of a structural
element or building component;
3) The term "parking garage" means any building or structure, or part thereof, in which all or
any part of any structural level or levels is used for parking or storage of motor vehicles,
excluding:
a) Buildings in which the only level used for parking or storage of motor vehicles is on
grade;
b) An attached or accessory structure providing parking exclusively for a detached one-
or two-family dwelling; and
c) A townhouse unit with attached parking exclusively for such unit;
4) The term "professional engineer" means an individual who is licensed or otherwise
authorized under Article 145 of the Education Law to practice the profession of engineering in
the State of New York and who has at least three years of experience performing structural
evaluations;
5) The term "responsible professional engineer" means the professional engineer who
performs a condition assessment, or under whose supervision a condition assessment is
performed, and who seals and signs the condition assessment report. The use of the term
"responsible professional engineer" shall not be construed as limiting the professional
responsibility or liability of any professional engineer, or of any other licensed professional,
who participates in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment;
6) The term "unsafe condition" includes the conditions identified as "unsafe" in section
304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
7) The term "unsafe structure" means a structure that is so damaged, decayed, dilapidated or
structurally unsafe, or is of such faulty construction or unstable foundation, that partial or
complete collapse is possible.
B. Condition Assessments — general requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as described
in subdivision (C) of this section, periodic condition assessments as described in subdivision (D)
of this section, and such additional condition assessments as may be required under subdivision
(E) of this section. Each condition assessment shall be conducted by or under the direct
supervision of a professional engineer. A written report of each condition assessment shall be
prepared and provided to the Town in accordance with the requirements of subdivision (F) of
this section. Before performing a condition assessment (other than the initial condition
assessment) of a parking garage, the responsible professional engineer for such condition
assessment shall review all available previous condition assessment reports for such parking
garage.
C. Initial Condition Assessment. Each parking garage shall undergo an initial condition
assessment as follows:
1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy or certificate of
compliance being issued for the structure.
2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition
assessment as follows:
a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019;
b) If originally constructed between January 1, 1984 and December 31, 2002, then prior
to October 1, 2020; and
c) If originally constructed between January 1, 2003 and August 28, 2018, then prior to
October 1, 2021.
3) Any parking garage constructed prior to the effective date of this Chapter that has not
undergone an initial condition assessment shall undergo an initial condition assessment prior to
June 1, 2023.
D. Periodic Condition Assessments. Following the initial condition assessment of a parking
garage, such parking garage shall undergo periodic condition assessments at intervals not to
exceed 3 years.
E. Additional Condition Assessments.
1) If the latest condition assessment report for a parking garage includes a recommendation
by the responsible professional engineer that an additional condition assessment of such parking
garage, or any portion of such parking garage, be performed before the date by which the next
periodic condition assessment would be required under subdivision (D) of this section, the
owner or operator of such parking garage shall cause such parking garage (or, if applicable, the
portion of such parking garage identified by the responsible professional engineer) to undergo
an additional condition assessment no later than the date recommended in such condition
assessment report.
2) If the Town becomes aware of any new or increased deterioration which, in the judgment
of the Town, indicates that an additional condition assessment of the entire parking garage, or of
the portion of the parking garage affected by such new or increased deterioration, should be
performed before the date by which the next periodic condition assessment would be required
under subdivision (D) of this section, the owner or operator of such parking garage shall cause
such parking garage (or, if applicable, the portion of the parking garage affected by such new or
increased deterioration) to undergo an additional condition assessment no later than the date
determined by the Town to be appropriate under the circumstances.
F. Condition Assessment Reports. The responsible professional engineer shall prepare, or
directly supervise the preparation of, a written report of each condition assessment and shall
submit such condition assessment report to the Town within the time directed to do so. Such
condition assessment report shall be sealed and signed by the responsible professional engineer,
and shall include:
1) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that could result in an unsafe condition or unsafe structure;
2) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer, should be remedied
immediately to prevent an unsafe condition or unsafe structure;
3) An evaluation and description of the unsafe conditions;
4) An evaluation and description of the problems associated with the deterioration,
conditions that cause deterioration, and unsafe conditions;
5) An evaluation and description of the corrective options available, including the
recommended timeframe for remedying the deterioration, conditions that cause deterioration,
and unsafe conditions;
6) An evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions;
7) The responsible professional engineer's recommendation regarding preventative
maintenance;
8) Except in the case of the report of the initial condition assessment, the responsible
professional engineer's attestation that he or she reviewed all previously prepared condition
assessment reports available for such parking garage, and considered the information in the
previously prepared reports while performing the current condition assessment and while
preparing the current report; and
9) The responsible professional engineer's recommendation regarding the time within which
the next condition assessment of the parking garage or portion thereof should be performed. In
making the recommendation regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed, the responsible professional
engineer shall consider the parking garage's age, maintenance history, structural condition,
construction materials, frequency and intensity of use, location, exposure to the elements, and
any other factors deemed relevant by the responsible professional engineer in their professional
judgment.
G. Review Condition Assessment Reports. The Town shall take such enforcement action or
actions in response to the information in such condition assessment report as may be deemed
necessary or appropriate to protect the public from the hazards that may result from the
conditions described in such report. In particular, but not by way of limitation, the Town may,
by Order to Remedy or such other means of enforcement as the Town may deem appropriate,
require the owner or operator of the parking garage to repair or otherwise remedy all
deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such
condition assessment report pursuant to subdivision (F). All repairs and remedies shall comply
with the applicable provisions of the Uniform Code. This section shall not limit or impair the
right of the Town to take any other enforcement action, including but not limited to suspension
or revocation of a parking garage's operating permit, as may be necessary or appropriate in
response to the information in a condition assessment report.
H. The Town shall retain all condition assessment reports for the life of the parking garage.
Upon request by a professional engineer who has been engaged to perform a condition
assessment of a parking garage, and who provides the Town with a written statement attesting
to the fact that he or she has been so engaged, the Town shall make the previously prepared
condition assessment reports for such parking garage (or copies of such reports) available to
such professional engineer. The Town shall be permitted to require the owner or operator of the
subject parking garage to pay all costs and expenses associated with making such previously
prepared condition assessment reports (or copies thereof) available to the professional engineer.
1) This section shall not limit or impair the right or the obligation of the Town:
a) To perform such construction inspections as set forth in section 8813-7 (Construction
Inspections) of this Chapter;
b) To perform such periodic fire safety and property maintenance inspections as set forth in
section 8813-13 (Fire Safety and Property Maintenance Inspections) of this Chapter; and/or
c) To take such enforcement action or actions as may be necessary or appropriate to respond
to any condition that comes to the attention of the Town by means of its own inspections or
observations, by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
§88B-16. Climatic and Geographic Design Criteria.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria
for buildings and structures constructed within the Town of Queensbury as required by the
Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code
using, where applicable, the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily be limited to, the
following:
1) Design criteria to include ground snow load; wind design loads; seismic category; potential
damage from weathering, frost, and termite; winter design temperature; whether ice barrier
underlayment is required; the air freezing index; and the mean annual temperature;
2) Heating and cooling equipment design criteria for structures within the scope of the
RCNYS. The design criteria shall include the data identified in the Design Criteria Table found
in Chapter 3 of the RCNYS; and
3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall
include, at a minimum, special flood hazard areas as identified by the Federal Emergency
Management Agency in the Flood Insurance Study for the community, as amended or revised
with:
a) The accompanying Flood Insurance Rate Map (FIRM);
b) Flood Boundary and Floodway Map (FBFM); and
c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and
geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain
such record within the office of the Code Enforcement Officer, and shall make such record
readily available to the public.
§88B-17. Record Keeping.
A. The Code Enforcement Officer shall keep permanent official records of all transactions
and activities conducted by all Code Enforcement Personnel, including records of:
1) All applications received, reviewed and approved or denied;
2) All plans, specifications and construction documents approved;
3) All Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
4) All inspections and tests performed;
5) All statements and reports issued;
6) All complaints received;
7) All investigations conducted;
8) All condition assessment reports received;
9) All fees charged and collected; and
10) All other features and activities specified in or contemplated by sections 8813-6 through
8813-16, inclusive, of this Chapter.
B. All such records shall be public records open for public inspection during normal business
hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by State law and regulation.
§88B-18. Program Review and Reporting.
A. The Code Enforcement Officer shall annually submit to the Town Board of the Town of
Queensbury a written report and summary of all business conducted by the Code Enforcement
Officer and the Inspectors, including a report and summary of all transactions and activities
described in section 8813-16 (Record Keeping) of this Chapter and a report and summary of all
appeals or litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf
of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town
relative to administration and enforcement of the Uniform Code.
C. The Code Enforcement Officer shall, upon request of the New York State Department of
State, provide to the New York State Department of State, true and complete copies of the
records and related materials the Town is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested by the Department of State;
and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its
activities in connection with administration and enforcement of the Uniform Code and/or Energy
Code as may be requested by the Department of State.
§88B-19. Violations.
A. Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or this Chapter. An Order to
Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall
specify the condition or activity that violates the Uniform Code, the Energy Code, or the Chapter;
shall specify the provision or provisions of the Uniform Code, the Energy Code or this Chapter
which is/are violated by the specified condition or activity; and shall include a statement
substantially similar to the following:
"The person or entity served with this Order to Remedy must completely remedy each violation
described in this Order to Remedy by [speck date], which is thirty (30)
days after the date of this Order to Remedy."
The Order to Remedy may include provisions ordering the person or entity served with such
Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy
immediately, or within some other specified period of time which may be less than thirty (30)
days; to continue diligently to remedy such violations until each such violation is fully remedied;
and, in any event, to complete the remedying of all such violations within thirty (30) days of the
date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which are authorized by this
Chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the
Code Enforcement Officer may deem appropriate, during the period while such violations are
being remedied. When an Order to Remedy is issued, to be effective, the Code Enforcement
Officer must cause the Order to Remedy, or a copy thereof, to be served on the owner of the
affected property personally or by registered mail or certified mail within five (5) days after the
date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not
required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person
taking part or assisting in work being performed at the affected property personally or by
registered mail or certified mail within five (5) days after the date of the Order to Remedy;
provided, however, that failure to serve any Person mentioned in this sentence shall not affect the
efficacy of the Compliance Order.
B. Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
C. Penalties. In addition to such other penalties as may be prescribed by State law,
1) any Person who violates any provision of this Chapter or any term, condition, or provision
of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary
Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this Chapter, shall be punishable by a fine of
not more than $50 per day of violation, or imprisonment not exceeding 15 days, or both; and
2) any Person who violates any provision of the Uniform Code, the Energy Code or this
Chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate
of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision of this Chapter, shall be
liable to pay a civil penalty of not more than $50 for each day or part thereof during which such
violation continues. The civil penalties provided by this paragraph shall be recoverable in an
action instituted in the name of the Town of Queensbury.
D. Injunctive Relief. An action or proceeding may be instituted in the name of the Town of
Queensbury, in a Court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate
any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this
Chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate
of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or
other notice or order issued by the Code Enforcement Officer pursuant to any provision of this
Chapter. In particular, but not by way of limitation, where the construction or use of a building or
structure is in violation of any provision of the Uniform Code, the Energy Code, this Chapter, or
any Stop Work Order, Order to Remedy or other Order obtained under the Uniform Code, the
Energy Code or this Chapter, an action or proceeding may be commenced in the name of the
Town of Queensbury in the Supreme Court or in any other Court having the requisite
jurisdiction, to obtain an order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions.
E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the
exclusive remedy or remedy available to address any violation described in this Chapter, and
each remedy or penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this section, in section 8813-8 (Stop
Work Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law.
Any remedy or penalty specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in this section,
in section 8813-8 (Stop Work Orders) of this Chapter, in any other section of this Chapter, or in
any other applicable law. In particular, but not by way of limitation, each remedy and penalty
specified in this section shall be in addition to, and not in substitution for or limitation of, the
penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or
penalty specified in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the
Executive Law.
§88B-20. Fees.
A fee schedule shall be established by Resolution of the Town Board of the Town of
Queensbury. Such fee schedule may thereafter be amended from time to time by like Resolution.
The fees set forth in, or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications, the issuance of
Building Permits, amended Building Permits, renewed Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety
and property maintenance inspections and other actions of the Code Enforcement Officer
described in or contemplated by Chapter.
§8813-21. Intermunicipal Agreements.
The Town Board of the Town of Queensbury may, by Resolution, authorize the Town Supervisor
to enter into an Agreement in the name of the Town of Queensbury with any other governments
to carry out the terms of this Local Law, provided that such Agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 12-3 of Title 19 of the NYCRR or any
other applicable law.
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.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.