City of Gloversville, NY
Fulton County
[Adopted 11-26-1985 as L. L. No. 5-1985]

§ 102-12
Title. 

§ 102-13
Purpose. 

§ 102-14
Word usage and definitions. 

§ 102-15
Adoption of standards. 

§ 102-16
Compliance required. 

§ 102-17
Effect on other provisions. 

§ 102-18
Administration and enforcement; inspectors. 

§ 102-19
Powers and duties of Building Inspector. 

§ 102-20
Duties of Electrical Inspector. 

§ 102-21
Registration of plumbing contractors. 

§ 102-22
Board of Review. 

§ 102-23
Records and reports. 

§ 102-24
Penalties for offenses. 

§ 102-25
Abatement of violations; costs to become lien. 

§ 102-26
Liability. 

§ 102-27
Rules governing permits. 

§ 102-28
Additional rules governing building permits. 

§ 102-29
Rules governing demolition permits. 

§ 102-30
Rules governing electrical permits.  

§ 102-31
Rules governing equipment permits. 

§ 102-12 Title.

[Amended 4-25-1995 by L.L. No. 4-1995]

This Article shall be known as the "Building Construction Code of the City of Gloversville" and is referred to in this Article in the short form as "this Article."

§ 102-13 Purpose.

[Amended 4-25-1995 by L.L. No. 4-1995]

The purpose of this Article is to provide uniform and safe standards for construction, demolition, equipment and all other related work as described in the New York State Uniform Fire Prevention and Building Code.

§ 102-14 Word usage and definitions.

A. 

Words used in the present tense include the future tense; words in the singular number include the plural and the plural the singular. The word "shall" is mandatory and not directory.

B. 

For the purposes of this Article, certain words and terms used herein are defined as follows:

CODE ENFORCEMENT OFFICIAL
The Building Inspector, Deputy Building Inspector, Plumbing Inspector, Electrical Inspector and any other duly authorized agent of the Division of Buildings.
CONTRACTOR
Any person, firm or corporation who does work for hire and receives monetary compensation.
DEMOLITION
The razing of a building or structure in whole or in part, the removal of debris from the premises and the filling of all below-grade excavations created by the razing.
EQUIPMENT
See the New York State Uniform Fire Prevention and Building Code.
PERMIT
Any building permit, demolition permit and/or equipment permit.
PREMISES
Any lot, plot, parcel or any real property within the limits of the City of Gloversville, and shall include all buildings and structures situated thereon.
REPAIR
See the New York State Uniform Fire Prevention and Building Code.

§ 102-15 Adoption of standards.

A. 

The New York State Uniform Fire Prevention and Building Code and all of its provisions and existing and future amendments are hereby adopted for the regulation of building construction in and for the City of Gloversville, New York.

[Amended 4-25-1995 by L.L. No. 4-1995; 5-25-2005 by Ord. No. 3-2005]

B. 

The National Electrical Code and all its existing and future amendments shall be the acceptable standard for all electrical installations.

§ 102-16 Compliance required.

All building construction in the City of Gloversville, New York, to which the New York State Uniform Fire Prevention and Building Code, by its terms and provisions, is or may be applicable, shall comply with the provisions of this Article.

§ 102-17 Effect on other provisions.

The New York State Uniform Fire Prevention and Building Code shall supersede and render inoperative all provisions of local laws or ordinances regulating the construction, conversion, alteration, demolition or repair of any buildings or portions thereof to which the New York State Uniform Fire Prevention and Building Code, by its terms, is or may be applicable.

§ 102-18 Administration and enforcement; inspectors.

A. 

The Building Inspector shall administer and enforce the Building Construction Code as prescribed by the City of Gloversville.

[Amended 5-25-2005 by Ord. No. 3-2005]

B. 

Within the Division of Buildings, there shall be a Plumbing Inspector who shall be appointed in accordance with the Civil Service Law and who shall hold a certificate of competency as a master plumber.

C. 

The Chief Inspector and each of the duly appointed Inspectors of inspection agencies on the list of Electrical Inspection Agencies recognized by the City of Gloversville, to be kept in the City Clerk's office, is hereby designated as Electrical Inspector, and each is hereby authorized and deputized, as agents of the City of Gloversville, to make inspections and reinspection of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspection be a charge against the City of Gloversville.

[Amended 7-24-1996 by Ord. No. 9-96]

D. 

The Common Council shall approve any agency to be included on the list upon the agency submitting proof of its experience and qualification as such electrical inspection agency and providing the City of Gloversville with proof of insurance in the amount of at least:

[Added 7-24-1996 by Ord. No. 9-96]

(1) 

One million dollars for public liability/general aggregate.

(2) 

Five hundred thousand dollars minimum combined single limit for bodily injury/property damage.

(3) 

Worker's compensation as required by New York State statute or written statement as to why none is required.

(4) 

All insurance shall name the City of Gloversville as additional insured.

E. 

All qualified electrical inspection agencies shall be subject to review by the Common Council on a yearly basis.

[Added 7-24-1996 by Ord. No. 9-96]

§ 102-19 Powers and duties of Building Inspector.

A. 

Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of the laws, ordinances, rules and regulations applicable to the plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof.

B. 

The Building Inspector shall promulgate rules and regulations, subject to the approval of the Common Council of the City of Gloversville, New York, to secure the intent and purposes of this Article and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repair.

C. 

The Building Inspector shall receive and approve building permit applications, plans and specifications and approve permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans have been approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

D. 

The Building Inspector shall issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending, by certified mail, a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building or by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from other code enforcement officials or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.

E. 

Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.

F. 

The Building Inspector shall approve a certificate of occupancy where appropriate, which such certificate shall certify that the building conforms to the requirements of the New York State Uniform Fire Prevention and Building Code.

G. 

The Building Inspector shall have the power to waive any and all provisions of this Article in the event of an emergency.

§ 102-20 Duties of Electrical Inspector.

It shall be the duty of the Electrical Inspector to report in writing to the Building Inspector all violations of or deviations from or omissions of the provisions of the National Electrical Code and the New York State Uniform Fire Prevention and Building Code, referred to in this Article, insofar as any of the same apply to electrical wiring. The Electrical Inspector shall make inspections and reinspections of electrical installations in and on properties in the City of Gloversville upon the written request of either the Mayor, Building Inspector or Chief of the Fire Department of the city or, in the event of an emergency, upon the oral request of such official or officer. It shall be the duty of the Electrical Inspector to furnish written reports to the Building Inspector of the City of Gloversville and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this Article. He shall direct that a copy of the certificate of compliance be sent to the City of Gloversville to the attention of the Building Inspector.

§ 102-21 Registration of plumbing contractors.

No person, firm or corporation shall be represented as a plumbing contractor unless he or it is registered by the City Clerk as prescribed in the city's plumbing and sewer rules and regulations.

Editor's Note: See Ch. 232, Sewer and Plumbing Rules.

§ 102-22 Board of Review.

An appeal by an aggrieved person may be made to the Board of Review created by Executive Law § 381, Subsection 1f, and described in Article 440 of Title 19 of the New York Codes, Rules and Regulations.

§ 102-23 Records and reports.

A. 

The code enforcement official shall maintain a record of all transactions and activities conducted by him, including a copy of all applications received, plans approved and notices and orders issued. All such records shall be public records and open to public inspection during normal business hours.

B. 

The City Clerk shall keep a record of all permits and licenses issued, fees charged and collected and all rules and regulations promulgated by the Building Inspector with the consent of the Common Council. The City Clerk shall file with the Building Inspector a copy of all permits issued and all rules and regulations when approved by the Common Council. All such records shall be public records and open to public inspection during normal business hours.

C. 

The Building Inspector shall, annually, submit to the Fire Chief a written report and summary of all business conducted by the Division of Buildings, which may include approvals, permits and certificates issued, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.

[Amended 5-25-2005 by Ord. No. 3-2005]

§ 102-24 Penalties for offenses.

In accordance with § 382 of Article 18 of the Executive Law of the State of New York:

A. 

It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance, as well as any regulation or rule promulgated by the Building Inspector in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of a code enforcement official, or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved permit or certificate of occupancy.

B. 

Any person who shall fail to comply with a written order of the code enforcement official within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or his agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of a code enforcement official made thereunder, shall be punishable by a fine not exceeding $250 or imprisonment not to exceed 30 days, or both. Each day that a violation continues shall be deemed a separate offense.

C. 

Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.

§ 102-25 Abatement of violations; costs to become lien.

Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law. All costs resulting from the abatement of a violation shall be a lien and shall be collectible in accordance with law.

§ 102-26 Liability.

This Article shall not be construed to relieve from or lessen the responsibility of any person, firm or corporation for loss of life or damage to person or property caused by any defect therein or caused by act of said person, firm or corporation, nor shall the City of Gloversville be deemed to have assumed any such liability by reason of issuing any certificates, permits, orders or any inspections made pursuant to this Article.

Editor's Note: Former § 14-19, Defense of employees, of the 1965 Code, which section immediately followed this section, was deleted at time of adoption of Code; see Chapter 1, General Provisions, Art. I..

§ 102-27 Rules governing permits.

All building, demolition and equipment permits shall be governed by the following rules and such additional rules described in this Article:

A. 

Rule No. 1: Application for permits.

(1) 

No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, except an agricultural building or structure, nor install heating equipment without having applied for and obtained a permit from the City Clerk. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the New York State Uniform Fire Prevention and Building Code.

(2) 

Applications for a permit shall be made to the code enforcement official on forms provided by him and shall contain the following information:

(a) 

A description of the site on which the proposed work is to be done.

(b) 

A statement of the use or occupancy of all parts of the land and of the proposed building or structure.

(c) 

The estimated cost of the proposed work with appropriate substantiation.

(d) 

The full name and address of the owner and of the applicant and, if either is a corporation, the names and addresses of responsible officers.

(e) 

A brief description of the proposed work.

(f) 

The application shall be signed by the owner or his authorized agent.

(g) 

A statement that the applicant consents to permit any code enforcement official to enter upon the premises without a search warrant in the manner prescribed in Rule No. 7. (See Subsection G.)

(h) 

One set of plans and specifications for the proposed work. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7202 or 7302, as amended, of Article 145 or 147, respectively, of the Education Law of the State of New York, the seal of a registered architect or a licensed professional engineer.

(i) 

The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or is otherwise unnecessary.

(3) 

Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the code enforcement official and approval received from the code enforcement official prior to the commencement of such change of work.

B. 

Rule No. 2: Issuance of permits.

(1) 

The code enforcement official shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within 60 days from the date of submission of the application.

(2) 

Upon approval of the application by the code enforcement official and upon receipt of the legal fees therefor, the City Clerk shall issue a permit to the applicant upon the form prescribed by the City Clerk and shall affix his signature or cause his signature to be affixed thereto.

(3) 

Upon approval of the application, the plans and specifications shall be endorsed with the word "approved," dated and initialed. The approved plans and specifications shall be retained in the files of the code enforcement official.

(4) 

If the application, together with plans, specifications and other documents filed therewith, describe proposed work which does not conform to all of the requirements of the applicable building regulations, the code enforcement official shall disapprove the same and stamp the word "disapproved," the date and his initial. The code enforcement official shall retain these plans and specifications in his files. Upon the written request of the applicant, the code enforcement official shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

(5) 

If the applicant desires to have a copy of plans and specifications marked "approved" or "disapproved" for his records, he must submit an additional complete set and request that they also be marked "approved" or "disapproved" at the time of filing the application.

(6) 

Permits may be renewed for successive one-year periods, provided that:

(a) 

The owner or his authorized agent makes an application requesting the renewal to the code enforcement official on forms provided by him.

(b) 

The permit has not been revoked nor a stop order issued at the time the application for renewal is made.

(c) 

The relevant information in the application is up-to-date.

(d) 

The renewal fee is paid.

C. 

Rule No. 3: Fees. Upon approval by the code enforcement official, the City Clerk shall collect the following fees:

[Amended 5-24-1988; 9-27-1988 by Ord. No. 88-30
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
]

(1) 

Upon the filing of an application for a building permit, sign permit, etc., the following fees, which are nonrefundable, shall be payable. For buildings in the classifications hereinafter enumerated, such fees shall be in accordance with the class of use, unit size or cubic contents as set forth in the following. (Proposed rooms shown on plans, such as family, recreation, toilet and laundry rooms, shall be considered as floor area.)

(a) 

Private garages.

[1] 

For one- or two-car private garages up to 600 square feet, whether attached to dwellings or unattached: $25

[2] 

For one- or two-car private garages over 600 square feet, whether attached to dwellings or unattached: $40.

(b) 

For one- or two-family dwellings, multiple dwellings or business uses (nonresidential) with up to 5,000 cubic feet of volume, structural alterations, additions, enlargements or conversions to or in an existing structure, such as the completion of expansion attics so as to make additional rooms, or the addition of additional rooms to existing structures, or adding, extending or enclosing porches:

[1] 

When the cost of construction is $1,000 or less: $10.

[2] 

For each additional $1,000 or fraction thereof, up to and including $15,000: $3.

[3] 

For each additional $1,000 or fraction thereof exceeding $15,000: $2.

(c) 

For one-family dwellings:

[1] 

Having 1,000 square feet of floor area or less: $100.

[2] 

Having more than 1,000 square feet up to and including 2,000 square feet of floor area per unit: $150.

[3] 

Having more than 2,000 square feet up to and including 3,000 square feet of floor area per unit: $200.

[4] 

Having more than 3,000 square feet of floor area: $250.

(d) 

For two-family dwellings:

[1] 

Having 1,000 square feet of floor area or less: $150.

[2] 

Having more than 1,000 square feet up to and including 2,000 square feet of floor area: $200.

[3] 

Having more than 2,000 square feet up to and including 3,000 square feet of floor area: $250.

[4] 

Having more than 3,000 square feet of floor area: $300.

(e) 

For a combination of one- or two-dwelling units and business uses in a building:

[1] 

Dwelling units:

[a] 

Having 1,000 square feet of floor area or less per unit: $100.

[b] 

Having more than 1,000 square feet up to and including 2,000 square feet of floor area per unit: $150.

[c] 

Having more than 2,000 square feet up to and including 3,000 square feet of floor area per unit: $200.

[d] 

Having more than 3,000 square feet of floor area per unit: $250.

[2] 

Business uses:

[a] 

For the first 10,000 cubic feet of volume: $150.

[b] 

For the next 40,000 cubic feet, for each 1,000 cubic feet thereof: $5.

[c] 

For each 1,000 cubic feet over 50,000 cubic feet: $4.

(f) 

For buildings containing more than two dwelling units (multiple dwellings such as apartment houses, hotels, motels, etc.), the charge for permits shall be based upon cubic contents as follows :

[1] 

For the first 10,000 cubic feet of volume: $300.

[2] 

For the next 20,000 cubic feet, for each 1,000 cubic feet thereof: $5.

[3] 

For each 1,000 cubic feet over 30,000 cubic feet: $4.

(g) 

For buildings of nonresidential occupancy for business use:

[1] 

For the first 10,000 cubic feet of volume: $200.

[2] 

For the next 40,000 cubic feet, for each 1,000 cubic feet thereof: $5.

[3] 

For each 1,000 cubic feet over 50,000 cubic feet: $3.

(h) 

For churches, parochial schools, private schools, convents, dormitory buildings or other buildings accessory to schools, colleges or churches, the charge for permits shall be based on cubic contents as follows:

[1] 

For the first 10,000 cubic feet of volume: $150.

[2] 

For the next 40,000 cubic feet, for each 1,000 cubic feet thereof: $5.

[3] 

For each 1,000 cubic feet over 50,000 cubic feet: $4.

(i) 

For farm buildings, including barns, poultry houses, silos, animal shelters, sheds and buildings for the storage of implements used for farming purposes, the charges for permits shall be based upon the total cost of labor and material in accordance with the following:

[1] 

When the cost of construction is $1,000 or less: $25.

[2] 

For each additional $1,000 or fraction thereof, up to and including $15,000: $5.

[3] 

For each additional $1,000 or fraction thereof, up to and including $50,000: $4.

[4] 

For each additional $1,000 or fraction thereof exceeding $50,000: $2.

(j) 

Equipment permits:

[1] 

Where the total cost of construction is $1,000 or less: $10.

[2] 

For each additional $1,000 or fraction thereof, up to and including $15,000: $3.

[3] 

For each additional $1,000 or fraction thereof, up to and including $50,000: $2.

[4] 

For each additional $1,000 or fraction thereof exceeding $50,000: $1.

(2) 

For a building, demolition or equipment permit renewal: $10; for a building, demolition or equipment second renewal: $25; and for a third renewal: $100.

(3) 

Notes:

(a) 

The floor area of a building is determined by using the exterior dimensions of the building.

(b) 

The volume of a building is determined by using the exterior dimensions of the building. Volume should include all attic or concealed spaces, two feet below the bottom of the slab for slab-on-grade buildings and to the underside of basement or cellar floors for all other buildings.

D. 

Rule No. 4: Performance of work under a permit.

(1) 

All work shall conform to the approved application, plans and specifications and shall be in accordance with applicable building laws, ordinances, rules and regulations. A permit shall be effective to authorize the commencing of work for a period of one year.

(2) 

Permits shall be prominently displayed on the job site at all times during the progress of the work.

E. 

Rule No. 5: Revocation of a permit. The code enforcement official may revoke a permit theretofore issued in the following instances:

(1) 

Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the permit was based.

(2) 

Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law.

(3) 

Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

(4) 

Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the code enforcement official.

(5) 

Where the property for which the permit was issued changes ownership.

F. 

Rule No. 6: Stop orders. Whenever the code enforcement official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building or premises where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction of such building or equipment.

G. 

Rule No. 7: Right of entry. The code enforcement official, upon the showing of proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises without interference, during reasonable working hours.

H. 

Rule No. 8: Certificate of compliance.

(1) 

No person, firm or corporation shall use any building, structure, alteration or equipment for which a permit was issued by the City Clerk for more than 30 days after the completion of the work unless a certificate of compliance has been issued by the code enforcement official.

(2) 

The owner or his agent shall make application for a certificate of compliance to the code enforcement official on forms provided by him. Accompanying this application and before issuance of a certificate of compliance, there shall be filed with the code enforcement official an affidavit of the owner or the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to supervise the work for which the certificate of compliance is sought. This affidavit shall state that the deponent has examined the approved plans of the structure or equipment for which the certificate of compliance is sought, that the structure or equipment has been erected or installed in accordance with approved plans and, as constructed, complies with the law governing building construction or as varied by a variance which has been legally authorized. Such variances or qualifying conditions imposed therewith, if any, shall be specified in the affidavit.

(3) 

Before issuing a certificate of compliance, the code enforcement official shall examine or cause to be examined all buildings, structures, equipment and sites for which a permit has been issued, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a permit has been issued.

(4) 

The code enforcement official shall maintain a record of inspections and reports as he deems necessary to enforce the provisions of this Article.

(5) 

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A temporary certificate of compliance may be issued if the building, structure, equipment or a designated portion of a building, structure or equipment is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of compliance shall expire six months from the date of issuance but may be renewed an indefinite number of times. A temporary certificate of compliance shall only be issued after an inspection by the code enforcement official and after payment of the appropriate fee, which shall be as follows:

(a) 

First certificate of compliance: $15.

(b) 

Second certificate of compliance: $25.

(c) 

Third and subsequent certificate of compliance: $100.

I. 

Rule No. 9: Procedures for certain classes of buildings. Buildings and premises that are exempt from city code enforcement as set forth in Executive Law § 381, Subdivision 1g, and described in Article 441 of Title 19 of the New York Codes, Rules and Regulations shall annually file an exemption notification with the Building Inspector. The notification shall be on a form provided by the Building Inspector.

§ 102-28 Additional rules governing building permits.

A. 

Rule No. 1: Certificate of occupancy. No building or structure hereafter described in this rule shall be used or occupied in whole or in part until a certificate of occupancy has been applied for and has been issued by the Building Inspector.

(1) 

A certificate of occupancy shall be required for the following:

(a) 

A building hereafter erected.

(b) 

An existing building hereafter occupied for occupancies or uses, which building was not so occupied when this Article became effective.

(c) 

A building moved, in whole or in part, within the corporate limits of the city.

(d) 

An existing building which is altered or repaired when the cost of such alterations or repairs within any six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period.

(e) 

A building addition which exceeds 25% of the gross floor area of the existing building prior to the issuance of a building permit. The certificate of occupancy issued for an addition shall only apply to the addition and shall not apply to the existing building.

(2) 

Upon the issuance of all required certificates of compliance, the Building Inspector shall issue a certificate of occupancy where required.

(3) 

The certificate of occupancy shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

(4) 

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance but may be renewed an indefinite number of times. A temporary certificate of occupancy shall only be issued upon the issuance of all the required certificates of compliance or temporary certificates of compliance and after payment of the appropriate fee, which shall be as follows:

(a) 

First temporary certificate of occupancy: $15.

(b) 

Second temporary certificate of occupancy: $25.

(c) 

Third and subsequent temporary certificate of occupancy: $100.

B. 

Rule No. 2: Flood zone. All construction within the flood zone of the city shall comply with the provisions of the Flood Damage Prevention Ordinance of the City of Gloversville.

Editor's Note: See Ch. 150, Flood Damage Prevention.

C. 

Rule No. 3: Responsibility of owner to obtain additional permits.

(1) 

No person, firm or corporation shall operate, install, alter, convert or repair any equipment nor occupy any building or portion thereof for which any permit or permission from the Gloversville Fire Department may be required by any law, ordinance, rule or regulation.

(2) 

The owner is responsible for obtaining all permits, permissions, licenses, certificates, etc., from any other authority for which same is required.

(3) 

It is the responsibility of said person, firm or corporation to obtain any permit or permission, and the issuance of any permit, certificate of compliance or certificate of occupancy pursuant to this Article shall not be construed to waive the responsibility of the owner to obtain any other permit or permission that may be required.

D. 

Rule No. 4: Exceptions. No building permit shall be required for work that requires only a demolition or equipment permit.

§ 102-29 Rules governing demolition permits.

A. 

Rule No. 1: Duration of a demolition permit.

(1) 

Demolition permits shall be issued for a period of 30 days from the date of issue. For good cause, the Building Inspector may allow a maximum of three extensions for periods of not exceeding 30 days each.

(2) 

Notwithstanding the provisions of Subsection A(1) above, if demolition is started and is not completed within the maximum one-hundred-twenty-day period from date of issuance, then the code enforcement official, upon resolution duly adopted by the Common Council, shall cause the building or structure to be demolished and removed after service of proper notice as prescribed in § 102-25 of this chapter.

(3) 

The Building Inspector shall be given not less than 24 hours' notice before demolition is started.

B. 

Rule No. 2: Preparations for demolition. All demolition permit applications shall be accompanied by an affidavit stating that the demolition site has been prepared for demolition as described in Section 23-3.2 of Industrial Code Rule 23 of the State of New York.

C. 

Rule No. 3: Insurance requirements. The following insurance shall be required for the type of demolition described as follows:

(1) 

For demolition where the building or structure is located one and one-half (1 1/2) times its own height or less, as measured from its highest peak, from the nearest public property line or public way, the following insurance shall be required based on building classification:

(a) 

One- and two-story buildings: $1,000,000 public liability/ general aggregate and $500,000 minimum combined single limit for bodily injury and property damage.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(b) 

Three- and four-story buildings: $500,000 per person / $1,000,000 aggregate for bodily injury, and $100,000 per accident / $200,000 aggregate for property damage.

(c) 

Buildings five stories and higher: $1,000,000 per person / $2,000,000 aggregate for bodily injury, and $250,000 per accident / $500,000 aggregate for property damage.

(d) 

All insurance shall also name the City of Gloversville as an additional insured.

(e) 

All insurance shall be approved by the City Attorney.

(f) 

Workers' compensation, as required by statute, shall be required.

(2) 

For the demolition of a portion of a building or structure, the same insurance as described in Subsection C(1) above shall be required, except as follows:

(a) 

Porches on one- and two-family dwellings shall not require additional insurance, but if they are within one and one-half (1 1/2) times their own height or less, as measured from their highest peak, of the nearest public property line or public way, the minimum insurance shall be the same as for one- and two-story buildings, and an owner doing his own demolition shall submit proof of this insurance.

(3) 

The owner of a one- or two-family dwelling shall be permitted to do demolition work on his property without insurance as long as the building or structure is located at least one and one-half (1 1/2) times its own height away from public property or public ways. Workers' compensation, as required by statute, shall be required.

(4) 

In the event of an emergency or where the public good may be best served, any or all of the insurance requirement of this rule may be modified by the Common Council upon the request of the Building Inspector or City Attorney.

§ 102-30 Rules governing electrical permits.

[Amended 4-24-1990 by Ord. No. 90-7; 8-29-1990 by Ord. No. 90-22; 1-25-1994 by Ord. No. 1-94; 5-25-1994 by Ord. No. 4-94; 5-25-1994 by Ord. No. 7-94]
A. 

Rule No. 1: Inspections and approvals. No person, firm or corporation shall perform any work on any electrical system until an application for inspection has been filed with the Electrical Inspector pursuant to the rules and regulations adopted by the New York Board of Fire Underwriters, the New York Atlantic-Inland, Inc., Fire Underwriters, the Middle Department Inspection Agency, Inc., the Independent Electrical Inspection Agency, the Commonwealth Electrical Inspection Service, Inc., or the Tri-State Inspection Agency, Inc.

B. 

Rule No. 2: The New York Board of Fire Underwriters, the New York Atlantic-Inland, Inc., Fire Underwriters, the Middle Department Inspection Agency, Inc., and the Independent Electrical Inspection Agency. Any person, firm or corporation shall comply with any other rule or regulation that has been duly adopted and is necessary for the Electrical Inspector and the New York Board of Fire Underwriters, the New York Atlantic-Inland, Inc., Fire Underwriters, the Middle Department Inspection Agency, Inc., and the Independent Electrical Inspection Agency, the Commonwealth Electrical Inspection Service, Inc., and the Tri-State Inspection Agency, Inc., to carry out their duties and responsibilities.

§ 102-31 Rules governing equipment permits.

A. 

Rule No. 1: Plumbing contractors. No person, firm or corporation shall be represented as a plumbing contractor nor shall he perform any work as a contractor on any plumbing system unless he is licensed by the City Clerk.

B. 

Rule No. 2: Plumbing and sewer rules and regulations. All plumbing work must additionally comply with the plumbing and sewer rules and regulations of the City of Gloversville.

Editor's Note: See Ch. 232, Sewer and Plumbing Rules.

C. 

Rule No. 3: Outdoor swimming pools.

(1) 

An "outdoor swimming pool" shall be defined as any swimming pool, tank, depression or excavation or other structure which shall cause the retaining of water to a greater depth than 24 inches. "Outdoor swimming pool" shall not be construed to include a wading pool of the portable type with a maximum depth of three feet. "Outdoor swimming pool" shall not be construed to mean any natural body of water or any body of water created and used for industrial purposes.

(2) 

Outdoor swimming pools are to be constructed with the following additional requirements:

(a) 

Applications for an equipment permit for all outdoor swimming pools shall be accompanied by plans and specifications bearing the seal and signature of a licensed architect or licensed professional engineer.

(b) 

No swimming pool will be installed and used without first obtaining an electrical certificate of compliance from one of the city's electrical inspectors. Such a certificate shall state that all the pool's electrical equipment is properly installed and grounded and the pool itself is properly grounded.

[Amended 4-25-1995 by L.L. No. 4-1995]