[Adopted 7-19-2021 by L.L. No. 15-2021 (N-2021); amended in its entirety 2-23-2023 by L.L. No. 5-2023]
There is hereby created and established a Department of Buildings and Regulatory Compliance, which shall be a part of, and is under the authority of, the Department of Neighborhood and Community Services.
There shall be appointed by the Mayor a Director of Buildings and Regulatory Compliance, who shall be the head of the Department of Buildings and Regulatory Compliance and carry out the functions and duties thereof and shall meet the qualifications as provided in § 133-48.1 of this Code. The Director shall appoint Deputy or Assistant Directors, who shall serve at the Director's pleasure and serve in the Director's absence. The Director, Deputy and Assistant Directors are vested with the authority, direction and control over the Department, including the authority to appoint and remove employees of said Department. Any reference in the Code of the City of Albany to the "Commissioner of Buildings," "Commissioner of Buildings and Regulatory Compliance," shall be construed to mean the "Director of Buildings and Regulatory Compliance," and any reference to "Deputy and/or Assistant Commissioners of Buildings" shall likewise be construed to mean "Deputy and/or Assistant Directors of Buildings and Regulatory Compliance."
In addition to the duties found in Chapter 133 of this Code, the Director shall faithfully execute all laws and ordinances relative to the erection, construction, alteration or removal of buildings or other structures and see that the same are obeyed. The Director shall have power to make, adopt and enforce such reasonable rules and regulations, not inconsistent with law or the ordinances of the Common Council, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law or ordinance upon him or the Department under their jurisdiction. The Director shall have power to establish and enforce such reasonable rules and regulations as may be necessary for the government of their Department and shall have general supervision over the records of the Department and its officers and employees. Said Director shall have the power to enter into and examine buildings and structures, lots and enclosures of every description to see that all laws of the state and ordinances of the City and rules and regulations of their Department are fully enforced. The Director shall have full power and authority to pass upon and determine all questions arising under the provisions of law or ordinances relative to the plans, manner or method of construction or materials to be used in erecting, altering, repairing, equipping, furnishing or improving any building or structure or concerning the observance and maintenance of all proper and legal precautions against fire and for public safety in said City. The Director shall have full power and authority to order and compel the suspension of any work and prohibit the use of any material, machinery or equipment in violation of the provisions of law or the ordinances of said City and may make such tests as the Director may deem necessary to determine the safety of any building, structure, material, machinery or equipment which it becomes the Director's duty to inspect. He shall have full power and authority to supervise and inspect such erection, construction or alteration and to require that such erection, construction or alteration and the manner and mode thereof and the materials used thereon shall conform to the several provisions of the laws, ordinances and rules and regulations relative thereto.
All plans and specifications for the erection, construction or alteration of buildings or other structures shall be submitted to the Director for their approval, and no building or other structure shall be erected, constructed or altered until the plans and specifications therefor shall have been approved and a permit issued for such erection, construction or alteration. No permit shall be required for the making of ordinary repairs of buildings or structures or of the plumbing, drainage, electrical wiring or gas piping thereof, but such repairs shall not be construed to include the cutting away of any stone or brick wall or any portion thereof, the removal or cutting of any beams or supports or the removal or closing of any staircase or the alteration of any house sewer or private sewer or drainage system. No change shall be made in the use or occupation of any existing building which will materially alter its character without the permission of the Director and until said building has been reconstructed and modified to conform to the provisions of this chapter and the Building Code.
When the owner or lessee of any building or structure about to be erected, constructed or altered files with the Director an application for the variation or modification of any rule or regulation or of any provision of law or ordinance relating to the erection, construction or alteration of buildings or other structures, such applicant shall in such application fully set forth the grounds for the desired variation or modification. The plans and specifications for the proposed erection, construction or alteration shall accompany such application. The Director shall fix a date within a reasonable time for hearing such application and as soon as practicable thereafter render a warrant decision thereon. Upon the hearing, the applicant may appear and be heard. The particulars of each such application and the decision thereon shall be entered in the records of the Department of Buildings and Regulatory Compliance, and in case the application is granted, a permit therefor shall be issued.
The Director shall preserve a record of all plans and specifications and of all applications for his approval thereof concerning, affecting or relating to the erection, construction or alteration of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the owner of the land on which the building or structure mentioned in such application is situated; the names and addresses of the architect and builder employed thereon; a designation of the premises sufficient to identify the same; and a statement of the nature and proposed use of such building or structure and a brief statement of the decision of the Director upon such application and the date thereof. Such records shall be public records and shall be open to the inspection of the public.
Whenever the Director shall reject or refuse to approve any plan or specification for or the mode or manner of construction proposed to be used in the erection, construction or alteration of any building or structure, or when it is claimed that the provisions of the Building Code or the provisions of any law or ordinance relative to the erection, construction or alteration of buildings or other structures do not apply, or when it is claimed that the true intent and meaning of said code, laws or ordinances have been misconstrued or improperly interpreted, the owner, or any person aggrieved, or any offices, Department, board or bureau of the City may appeal as hereinafter provided.
(Reserved)
The Director is authorized, by and with the advice and consent of the Corporation Counsel, in the name of the City, to maintain actions to restrain the performance of any act contrary to, or in violation of, the rules and regulations of the Department of Buildings and Regulatory Compliance, laws and ordinances and to prohibit the use or occupation of any building or structure which has been or is being erected, constructed or altered in violation of the provisions of any law, ordinance or rule or regulation relative to the erection, construction or alteration of buildings or structures. In any such action, no undertaking shall be required. The Director may in like manner maintain actions for the recovery of penalties established by law or ordinance.
Every structure or part thereof erected or placed or permitted to continue contrary to the provisions of this article or the Building Code or Sanitary Code shall be deemed to be a common nuisance, and the Director may order the same removed, and in case the owner thereof shall neglect or refuse to remove such structure or part thereof, the Director may remove such structure or part thereof in accordance with Chapter 133 of this Code at the expense of the owner or may cause the same to be abated in the same manner as other nuisances.