[HISTORY: Adopted by the Town Board of the Town of Queensbury 5-1-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
This chapter shall be known as "Enforcement Officials and Personnel."
It is the intent of this chapter to provide for the continuation
of administration and enforcement of the provisions of all applicable
laws, codes, ordinances, regulations.
A.
The Town Board of the Town of Queensbury does hereby acknowledge
and ratify the establishment and continuation of the department known
as the "Department of Building and Code Enforcement," hereinafter
referred to as "department."
B.
Purpose. The purpose of this department is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town, with the exception of administration and enforcement of Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury, which shall be administered and enforced by an officer or employee who is designated by the Town Board of the Town of Queensbury as the Zoning Administrator, as provided for herein. The Department of Building and Code Enforcement shall continue to be charged with the duty to enforce said Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs), but shall not otherwise assume the duties assigned to the Zoning Administrator, other than as expressly set forth herein. Nothing herein shall be deemed to prevent the assignment or delegation of the duties, responsibilities and/or authority of the Zoning Administrator to any officer or employee of the Department of Building and Codes.
C.
Personnel.
(1)
Director of Building and Code Enforcement. The department shall be
headed by a Town official designated as the "Director of Building
and Code Enforcement." The Director of Building and Code Enforcement
shall be appointed by the Town Board at a compensation to be fixed
by it. The Director of Building and Code Enforcement shall report
directly to the Town Board and Town Supervisor and shall not be under
the jurisdiction of any other Town department.
(2)
Assistant Building Inspectors and Code Enforcement Officers. The
Town Board may appoint one or more Assistant Building Inspectors and
Code Enforcement Officers as the need may appear, at a compensation
to be fixed by it. The Assistant Building Inspectors and Code Enforcement
Officers shall report to the Director of Building and Code Enforcement
and, when requested, to the Town Board.
(3)
Other employees. The Town Board may appoint such other employees
as may be deemed necessary or desirable to carry out the functions
of the department. The compensation of such employees shall be fixed
by the Town Board.
(4)
Acting Director of Building and Code Enforcement. In the absence
of the Director of Building and Code Enforcement, or in the case of
his or her inability to act for any reason, the Town Supervisor shall
have the power, with the consent of a majority of the Town Board,
to designate a person to act on behalf of the Director of Building
and Code Enforcement and to exercise all the powers conferred upon
him or her by this chapter.
A.
The Town Board of the Town of Queensbury does hereby acknowledge
and ratify the establishment and continuation of the office to be
known as the "Office of the Fire Marshal."
B.
Purpose. The purpose of this office is for the administration and
enforcement of the provisions of all laws, ordinances, rules, regulations
and orders applicable to fire prevention and fire/life safety.
C.
Personnel.
(1)
Fire Marshal. The office shall be headed by a Town official designated
as the "Fire Marshal". The Fire Marshal shall be appointed by the
Town Board and shall hold office at its pleasure at an annual salary
to be determined by the Town Board. The Fire Marshal shall report
directly to the Town Board and Town Supervisor and shall not be under
the jurisdiction of any other Town department.
(2)
Deputy Fire Marshal. One or more Deputy Fire Marshals may be appointed
by the Town Board at an annual salary to be determined by the Town
Board. These appointments shall continue at the pleasure of the Town
Board. Each Deputy Fire Marshal shall have the authority to make fire
prevention inspections under the Fire Code of New York State. A copy
of any inspection report or other report of other official action
shall be filed with the Fire Marshal. Each Deputy Fire Marshal shall
report to the Fire Marshal and, when requested, to the Town Board.
(3)
Other employees. The Town Board may appoint such other employees
as may be deemed necessary or desirable to carry out the functions
of this office. The compensation of such employees shall be fixed
by the Town Board.
(4)
Acting Fire Marshal. In the absence of the Fire Marshal or in the
case of his or her inability to act for any reason, the Town Supervisor
shall have the power, with the consent of a majority of the Town Board,
to designate a person to act on behalf of the Fire Marshal and to
exercise all the powers conferred upon the Fire Marshal by this chapter.
A.
The Town Board of the Town of Queensbury does hereby acknowledge and ratify the establishment and continuation of the position of Zoning Administrator, which administrator has and shall continue to have the duty and responsibility of administrating and enforcing Chapter 179 (Zoning) of the Code of the Town of Queensbury and making such orders, requirements, decisions or determinations as may be necessary to carry out said duties and responsibilities. The Zoning Administrator shall also have the duty, responsibility and authority to administer and enforce Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury.
B.
The position and duties, responsibilities and authority of Zoning
Administrator may be assigned or delegated by the Town Board of the
Town of Queensbury to any qualified employee or officer of the Town.
The position of Zoning Administrator and accompanying duties, responsibilities
and authority may be assigned or delegated to any Town officer or
employee simultaneously with or in addition to any other duties and
responsibilities or authority that that individual officer or employee
may otherwise hold. The Town Board may, but shall not be obligated
to, grant additional compensation or alter or change the affected
officer's or employee's duties or responsibilities as a
result of the additional zoning administration duties, responsibilities
or authority delegated or assigned to the officer or employee. In
addition to the foregoing, in the event that the Town Board determines
that it shall be necessary, the position and duties, responsibilities
and authority of Zoning Administrator may be assigned to an officer
or employee or a person whose sole duties will be that of full-time
or part-time Zoning Administrator. The Town Board may also appoint
such other employees as may be deemed necessary to assist in carrying
out the functions of the Zoning Administrator. Compensation of such
other and further additional employees shall be fixed by the Town
Board.
C.
The position of Zoning Administrator and the duties, responsibilities
and authority incidental thereto shall be vested in any particular
officer or employee at the pleasure of the Town Board and such position
of Zoning Administrator may be revoked or reassigned to other officers
or employees as deemed appropriate by the Town Board.
D.
In the absence of the Zoning Administrator or in the case of his
inability to act for any reason, the Town Supervisor shall have the
power, with the consent of a majority of the Town Board, to designate
a person to act on behalf of the Zoning Administrator and to exercise
all of the power conferred upon him or her by this chapter.
A.
Director of Building and Code Enforcement. Except as otherwise provided by law, ordinance, rule or regulation, the Director of Building and Code Enforcement shall have the authority to administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereto; receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications, and, upon approval of such applications, issue building permits, certificates of occupancy, temporary certificates and operating permits, and include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates and operating permits, property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter not specifically delegated as responsibilities of the Fire Marshal, except that the administration of the Zoning Ordinance shall be vested in the Zoning Administrator as herein provided. Further, the Director of Building and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under New York State Town Law § 138 and shall have the authority set forth in Town Code Chapter 88B.
B.
Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and fire/life safety. The Fire Marshal shall administer and enforce the Building Code and Fire Code of New York State and shall have the authority set forth in Town Code Chapter 88B.
C.
Zoning administrator. Except as otherwise provided by law, ordinance, rule or regulation, the Zoning Administrator shall administer and enforce Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury. The Zoning Administrator's duties and responsibilities shall consist of the following;
(1)
Reviewing all applications for variances, permits or other types
of approvals requested of or required by the Town of Queensbury, the
Zoning Board of Appeals and/or the Planning Board of the Town of Queensbury.
(2)
Reviewing all building permits and sign permits to determine compliance with the Chapter 179 (Zoning) of the Code of the Town of Queensbury.
(4)
Keeping appropriate records of any orders, requirements, determinations
or decisions made.
(5)
Attending meetings of the Zoning Board, Planning Board and Town Board
when appropriate.
(6)
Making site visits when appropriate.
D.
Joint responsibilities on the Building Code. The Director of Building and Code Enforcement and the Fire Marshal shall jointly administer and enforce those provisions of the Building Code dealing with building construction related to fire prevention and fire/life safety, as set forth in Chapter 88B.
E.
Other duties.
(1)
The Director of Building and Code Enforcement and/or the Fire Marshal,
as may be appropriate, shall have the authority to issue notices or
orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction or demolition and to assure compliance
with all applicable laws, codes, ordinances, rules and regulations.
(2)
The Director of Building and Code Enforcement, Fire Marshal and Zoning
Administrator shall keep official records of all transactions and
activities of their respective offices, including records of all applications
received, all permits and certificates issued, inspections conducted
and notices and orders issued.
(3)
In addition to duties specified in this chapter, the Director of
Building and Code Enforcement, Fire Marshal and Zoning Administrator
shall have the authority to perform such other duties as may be assigned
by the Town Board by local law or ordinance.
(4)
In accordance with the Labor Law of the State of New York, the Town Board of the Town of Queensbury may, by resolution, cause the Town of Queensbury to assume full responsibility for enforcing the provisions of Article 17 of the Labor Law of the State of New York, titled "Public Safety," and rules adopted thereunder. In the event that the Town Board of the Town of Queensbury adopts said resolution, the Director of Building and Code Enforcement, his assistants, employees and department may be assigned and/or delegated any inspection and enforcement duties required by said Article 17 of the Labor Law by the Town Board of the Town of Queensbury.
A.
All Assistant Building Inspectors, Code Enforcement Officers and
Deputy Fire Marshals provided for herein shall have any or all of
the authority, powers, duties and responsibilities of the Director
of Building and Code Enforcement or Fire Marshal, as may be assigned
or delegated by the respective Director or Fire Marshal and with the
consent of the Town Board when required herein or by the Town Board
by local law or ordinance.
B.
The chief of any fire department or volunteer fire company providing
fire-fighting services for properties within the Town of Queensbury
shall promptly notify the Director of Building and Code Enforcement
and the Fire Marshal of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
The Director of Building and Code Enforcement, Fire Marshal
and Zoning Administrator may request and shall receive, so far as
may be necessary in the discharge of their duties, the assistance
and cooperation of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
The Director of Building and Code Enforcement, Fire Marshal
and Zoning Administrator, as may be appropriate, shall have the discretion
to permit the continuance of existing conditions within their respective
areas of authority, not in strict compliance with the terms of this
chapter or other provisions of this Town Code where the exceptions
do not constitute a distinct hazard to life or property.
