[HISTORY: Adopted by the Common Council of
the City of Hudson 12-13-1973 by L.L. No. 4-1973 (Ch. 56 of the 1973
Code). Amendments noted where applicable.]
[Amended 4-20-2004 by L.L. No. 3-2004; 8-20-2013 by L.L. No.
6-2013]
There is hereby adopted by the Common Council
of the City of Hudson, for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion,
that certain code known as the New York State Uniform Fire Prevention
and Building Code enacted pursuant to Chapter 18 of the New York State
Consolidated Laws, Article 18 of the Executive Law.
A.
The Fire Prevention Code shall be enforced by the Code Enforcement
Department for the City of Hudson.
B.
A report of the Code Enforcement Office shall be made annually and
transmitted to the chief executive officer of the municipality; it
shall contain all proceedings under this code, with such statistics
as the Code Enforcement Officer may wish to include therein; the Code
Enforcement Officer shall also recommend any amendments to the code
which may be desirable.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
The Legal Advisor for the City of Hudson.
Any residential building or structure, or portion thereof,
which is either rented, leased, let or hired out to be occupied, or
is occupied, as the temporary or permanent residence or home of three
or more individuals or families living independently of each other,
excluding any such residential building or structure subject to a
fire or safety inspection conducted pursuant to federal law or any
multiple dwelling wherein an owner, either as an individual or individuals,
resides in a portion thereof as a primary residence.
[Added 8-20-2013 by L.L. No. 6-2013]
The City of Hudson.
The individual, individuals or organization who owns in fee
simple the property upon which the multiple-dwelling building is situated
and who has leased it for a term to another person called the tenant.
[Added 8-20-2013 by L.L. No. 6-2013]
An individual(s) who holds or occupies, in whole or in part,
the multiple dwelling or unit thereof for a definite term and duration.
[Added 8-20-2013 by L.L. No. 6-2013]
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law.
[Added 8-20-2013 by L.L. No. 6-2013]
[Amended 8-20-2013 by L.L. No. 6-2013]
Except as exempted by Section 3301 of the Fire Code and regulations
adopted pursuant thereto in Title 12 NYCRR Part 39, § 39.1(b),
the storage of explosives and blasting agents is prohibited within
the City of Hudson.
[Amended 8-20-2013 by L.L. No. 6-2013]
Except as exempted by Section 3401.2 of the Fire Code, outside
aboveground tanks and new bulk plants for flammable liquids are prohibited
within the City of Hudson.
[Amended 8-20-2013 by L.L. No. 6-2013]
Except as exempted in the Fire Code, bulk storage of liquid
petroleum gases is prohibited within the City of Hudson.
A.
Mandatory
lock box program. The City of Hudson shall administrate a mandatory
lock box program for all multifamily, short-term lodging rentals,
and commercial structures in the City of Hudson for the purpose of
allowing access to the building by the City of Hudson Fire Department
and/or emergency services personnel. A secured Knox Rapid Access System
box, or other brand so designated by the City of Hudson Fire Department,
shall be affixed to the building by a contractor or homeowner. The
lock box shall contain keys or, where applicable, magnetic cards to
the exterior doors, keys or magnetic card for all mechanical equipment
and sprinkler control rooms, electrical rooms, fire alarm control
panels, elevator rooms or controls, elevator keys, and any other area
of the building as directed by the City Fire Department, along with
a scaled floor plan of the building. The key contained in the lock
box will be used. Keys to the lock boxes shall be kept in each City
of Hudson Fire Department vehicle, locked in a Knox key control unit.
B.
Time for compliance. All existing buildings to which this section applies shall comply with the lock box requirements set forth in § 143-7A within 24 months of the effective date of this section. All new construction covered by Chapter 143, § 143-7, including buildings currently under construction as of the effective date of this section, for which no certificate of occupancy has been issued, shall comply immediately.
[1]
Editor's Note: Former § 143-7, Routes for vehicles transporting explosives and blasting agents, § 143-8, Routes for vehicles transporting hazardous chemicals or other dangerous articles, and § 143-9, Fire lanes on private property for public use, as amended, were repealed 8-20-2013 by L.L. No. 6-2013. This local law also renumbered former §§ 143-10 through 143-18 as §§ 143-7 through 143-15, respectively.
[Amended 8-20-2013 by L.L. No. 6-2013; 12-15-2015 by L.L. No. 1-2016]
A.
Multiple-dwelling rental property registration form.
(1)
The Code Enforcement Officer shall cause to be prepared and make
available to the public a multiple-dwelling rental property registration
form, which shall contain a statement, to be certified by the owner
at the time of registration, that all means of egress are clear of
obstructions and comply with all applicable provisions of Chapter
10 of the Fire Code incorporated into the Uniform Code pursuant to
the State Fire Prevention and Building Code Council's regulations
(19 NYCRR 1225.1), as of the date of such certification, and that
smoke-detecting devices and records of smoke-detecting devices are
maintained in compliance with Chapter 9 of the Fire Code incorporated
into the Uniform Code pursuant to the State Fire Prevention and Building
Code Council's regulations (19 NYCRR 1261.1 and 1261.2).
(2)
The rental property registration form shall contain the following
information:
(a)
The name, residence, and telephone number of the owner and any
agent in control of the multiple dwelling. Where the owner is not
a natural person, the owner shall be listed as the president or other
chief executive officer of the organization which holds title to the
property. Where more than one natural person has an ownership interest
in the rental unit, the required information shall be included for
each owner. The information provided shall also include the address
and phone number where the owner(s), agent(s), and/or other responsible
person(s) may be reached day or night;
(b)
The address of the multiple dwelling;
(c)
The number of rental units in the multiple dwelling, and the
number of bedrooms in each unit;
(d)
The number and location of fire detection device/fire detection
devices in each rental unit, and the date of installation;
(e)
Whether the detector is battery operated or line connected;
(f)
Date initially tested for operable condition;
(g)
Dates of subsequent testing for operable condition;
(h)
The name of any tenants;
(i)
Number of vacant units, if any;
(j)
Date of vacating of unit; and
(k)
The date of tenant request for replacement and/or repair of
detector, if applicable.
B.
Multiple-dwelling rental property registration and certification.
(1)
Registration of existing multiple-dwelling units. The owner of an existing multiple dwelling shall register, and thereby certify, each such dwelling with the Code Enforcement Officer using an approved multiple-dwelling rental property registration form as provided for in Subsection A herein, within 60 days of enactment of this local law, and shall update such registration annually thereafter by December 1 of each year until such time as the owner ceases to offer for lease all units in such multiple dwelling as defined in this chapter.
(2)
Registration of new multiple-dwelling units. The owner of a new or newly converted multiple dwelling unoccupied as of February 1, 2014, shall register, and thereby certify, each such multiple dwelling with the Code Enforcement Officer using an approved multiple-dwelling rental property registration form as provided for in Subsection A, prior to allowing occupancy by any tenant. Such owner shall update the registration annually thereafter by December 1 of each year until such time as the owner ceases to offer for lease all units in the multiple dwelling as defined in this chapter.
(3)
Change of ownership. A new owner of a registered and certified multiple dwelling shall reregister and recertify such dwelling within 60 days of assuming ownership with the Code Enforcement Officer using an approved multiple-dwelling rental property registration form as provided for in Subsection A and shall update such registration annually thereafter by December 1 of each year until such time as the owner ceases to offer for lease all units in such multiple dwelling as defined in this chapter.
(4)
Certification. By filing and signing the multiple-dwelling rental
property registration form, the owner shall, under penalty of perjury,
swear under oath and thereby certify compliance with applicable provisions
of Chapters 9 and 10 of the Fire Code incorporated into the Uniform
Code, as amended pursuant to 19 NYCRR 1225.1, 1261.1 and 1261.2, as
of the date of registration.
(5)
Failure to register. Failure to register and thereby certify compliance
with applicable provisions of the Uniform Code or regulations as set
forth in the multiple-dwelling rental property registration form shall
be a violation of this chapter and may be used as evidence of the
necessity to conduct an inspection of each residential unit in the
multiple dwelling upon issuance by the Hudson City Court of an administrative
search warrant to ensure proper and clear egress and that fire detection
devices are properly placed and functioning and all fire detection
device records are being properly maintained.
C.
Multiple-dwelling rental property inspection.
(1)
Upon the filing of the initial multiple-dwelling rental property registration form and at least once every three years thereafter, all buildings containing multiple dwelling units shall be inspected by the Code Enforcement Officer for compliance with the New York State Uniform Fire Prevention and Building Code, Hudson Municipal Code Chapter 176, Housing Standards, and all other applicable housing standards.
(2)
In addition to the inspections required by Subsection A, a firesafety and property maintenance inspection of any residential rental unit may also be performed by the Code Enforcement Officer at any time upon:
(a)
Request of the owner of the property to be inspected or an authorized
agent of such owner;
(b)
Receipt by the Code Enforcement Officer of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code, Energy Code or other applicable code exist; or
(c)
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, Energy Code or other applicable
code exist; provided, however, that nothing in this subsection 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.
(3)
It shall be the responsibility of the owner of a multiple-dwelling
rental unit property to schedule inspections and to obtain a certificate
of compliance from the Code Enforcement Officer.
(4)
All multiple-dwelling units shall be required to hold a valid certificate
of compliance. Such certificate shall be valid for a period of not
more than three years. Before the expiration of the certificate of
compliance, it shall be the responsibility of the owner of the multiple-dwelling
units to schedule a housing inspection with the Code Enforcement Officer
and obtain a new certificate of compliance.
(5)
A certificate of compliance shall be issued upon verification by
inspection of the Code Enforcement Officer that no violations of the
Building Code, Energy Code, City of Hudson Municipal Code, City of
Hudson Zoning Ordinance, New York State Multiple Residence Law, and
any other applicable codes and ordinances exist.
E.
Failure of an owner of any multiple-dwelling rental unit to hold
a valid certificate shall be deemed a violation of the Housing Code,
and such dwelling unit may be ordered by the Code Enforcement Officer
to be vacated until the property is brought into compliance with this
chapter.
F.
The annual registration, inspection, and administrative fees associated
with this section shall be as established by the Common Council of
the City of Hudson. The Code Enforcement Officer shall maintain a
form setting forth the established fee schedule.
H.
Fire prevention education.
(1)
Upon the filing of a multiple-dwelling rental property registration
form with the Code Enforcement Office by an owner of a multiple dwelling,
the Code Enforcement Officer shall issue to the owner a Tenant's Fire
Prevention Bill of Rights, which shall contain a certification by
the Code Enforcement Officer that the owner has registered in compliance
with this section and a statement that:
(a)
The owner's failure to remain in compliance with this section
may result in a warrant being issued for an inspection of each dwelling
unit in the building;
(b)
Fire doors and smoke barrier doors shall not be blocked or obstructed
or otherwise made inoperable;
(c)
Smoke detection devices have been properly installed, tested
and maintained as of the date of the certification; and
(d)
Informing tenants of their right to have a firesafety inspection
performed by the Building Inspector of their rental unit upon their
request to the Building Inspector.
(2)
The Tenant's Fire Prevention Bill of Rights shall include the telephone
number and address of the Building Inspector's office.
(3)
The owner shall post in a secure manner, a copy of the certified
Tenant's Fire Prevention Bill of Rights on a wall or in a manner highly
visible to all tenants in a publicly accessible location within the
multiple dwelling.
[Amended 12-15-2015 by L.L. No. 1-2016]
Whenever the Code Enforcement Officer shall disapprove an application
or refuse to grant a certificate of compliance or when it is claimed
that the provisions of the code do not apply or that the true intent
and meaning of the code have been misconstrued or wrongly interpreted,
the administrative remedy available to the applicant shall be an appeal
from the decision of the Code Enforcement Officer to the Common Council
within 30 days from the date of the decision appealed.
[Amended 12-15-2015 by L.L. No. 1-2016]
The Code Enforcement Officer of the Code Enforcement Department
shall determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies which shall
require permits, in addition to those now enumerated in said code.
The Code Enforcement Officer shall post such list in a conspicuous
place in his office and distribute copies thereof to interested persons.
[Added 4-18-1995 by L.L. No. 5-1995]
A.
Any vacant or unoccupied structure which is readily
accessible by minors or trespassers shall be made secure against such
access by the owner of such structure within five days after such
structure becomes vacant or unoccupied.
B.
Any structure made secure under this section shall
be done in such a way that the presence of fire or combustion may
be determined from the outside. Unoccupied structures boarded up shall
have a two-inch hole within the confines of the opening of the board
on all present and future boarded-up windows and doors. Any existing
structure secured in a way that the presence of combustion cannot
be readily determined shall be made to conform to the requirements
of this section within 30 days after its effective date. Any future
boarded-up structures must comply before being boarded up.
[Added 5-16-2006 by L.L. No. 8-2006[1]]
Property owners of all buildings which have
property address numbers and are located on a parcel of property which
abuts an alley in the City of Hudson shall place approved address
numbers on the side of such building facing the alley in a position
no more than two feet from the rear entrance of such building, which
position shall be plainly visible from such alley. Where a fence,
garage or other structure is located on the property in such a manner
that the rear entrance to the street-numbered building on the property
is not readily visible from the alleyway, property owners shall also
place such address numbers on the fence, garage or other structure
in such a manner as to be plainly visible to fire fighters. These
numbers shall contrast with their background. Address numbers shall
be Arabic numerals or alphabet letters. Numbers shall be a minimum
of four inches (102 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm).
[1]
Editor’s Note: This local law also redesignated
former § 143-15, Penalties for offenses; other remedies,
as § 143-16.
[Added 6-17-2008 by L.L. No. 4-2008[1]]
A.
Operation permits required.
(1)
Operating permits shall be required for conducting
the activities or using the activities or using the categories of
buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials, in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703-1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Common Council of the City of Hudson.
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.
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.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection 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 his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Code Enforcement Officer to be consistent with local conditions.
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.
F.
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, such operating permit shall
be revoked or suspended.
G.
Fee. The fee must be paid at the time of submission
of an application for an operating permit, for an amended operating
permit, or for reissue or renewal of an operating permit.
H.
Penalties. All penalties in effect pursuant to § 93-12 of the Hudson City Code shall also be applicable to any violation of this section.
I.
Enforcement. The Code Enforcement Officer shall be
entitled to use all enforcement means he possesses under the City
Charter and the City Code to enforce this section.
[1]
Editor's Note: This local law also redesignated
former § 143-16 as § 143-18.
A.
Inspections required. Firesafety and property maintenance
inspections of the common areas and public areas of the following
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)
Firesafety and property maintenance inspections of
the common areas and public areas of all buildings or structures which
contain an area of public assembly shall be performed at least once
every 12 months.
(2)
Firesafety and property maintenance inspections of
the common areas and public areas of all buildings or structures being
occupied as dormitories shall be performed at least once every 12
months.
(3)
Firesafety and property maintenance inspections of the common areas and public areas of all multiple dwellings not included in Subsection A(1) or (2), and the common areas and public areas of all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner; or if a request is made by a
tenant, the inspection shall be limited solely to the area rented
by the tenant;
(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 and, if access is denied
the owner, upon issuance of a search warrant by a court of competent
jurisdiction;
(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 and, if access is denied by the owner, upon issuance of a search
warrant by a court of competent jurisdiction.
C.
OFPC Inspections. 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
under Executive Law § 156-e and Education Law § 807-b.
D.
Fee. The fee must be paid prior to or at the time of each inspection performed pursuant to this section and will be set by the Common Council. This Subsection D shall not apply to inspections performed by OFPC.
E.
Penalties. All penalties in effect pursuant to § 93-12 of the Hudson City Code shall also be applicable to any violation of this section.
F.
Enforcement. The Code Enforcement Officer shall be
entitled to use all enforcement means he possesses under the City
Charter and the City Code to enforce this section.
A.
Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the Common Council or by a court of competent jurisdiction within
the time fixed herein, shall severally for each and every such violation
and noncompliance, respectively, be guilty of a violation punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment. The imposition of
one penalty for any violation shall not excuse the violation or permit
it to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and
when not otherwise specified, each 10 days that prohibited conditions
are maintained shall constitute a separate offense.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
