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Home My WebLink About03-1125 No.22 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 25, 2003 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean -Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS continuing a program strategy that has reduce crime over the past seven (7) years. COMMON COUNCIL To that end, the Police Commissioner's Citizen Advisory CITY HALL - BUFFALO Committee held a meeting, on August 5, 2003, in which a TUESDAY, NOV 12, 2003 budget was developed and a public hearing was held o AT 2:00 P.M. November 12, 2003. The results of that process are that funds were allocated to the PRESENT - James W. Pitts President of the Council, Buffalo Police Department, the Erie County District Attorney's and Council Members Bonifacio, Coppola, , Fisher, office, and the City's Department Community Services and the Fontana, Franczyk, Golombek Grant, LoTempio, Martino, Division of Citizen Services. Pitts and Thompson - 12. The following is the budget for the Year 8 funding and acceptance of this grant the Common Council is required, prior ABSENT – Gray - 1 to its submission to the Buffalo Fiscal Stability Authority. Buffalo Police Department $425,000 On a motion by Mrs. LoTempio, seconded by $325,000 Police Vehicles Mr.Fontana, the minutes of the stated meeting held on $ 35,000 Regional Community Policing Center November 12, 2003 were approved. $ 65,000 Juvenile Prosecutor (DA Office) City's Department of Community Services $93,344 FROM THE MAYOR $33,000 Drug Court NO. 1 $45,344 Anti-Crime Initiative RE-APPOINTMENT OF MEMBER TO THE $15,000 Police Athletic League (PAL) BUFFALO MUNICIPAL HOUSING AUTHORITY City's Division of Citizen Services $75,000 Pursuant to the powers vested in me by Subdivision 2, Section $70,000 Save Our Streets Initiative 30 of the Public Housing Law, I hereby re-appoint the following $ 4,000 Clean and Seal Program individual for a five year term commencing immediately and $ 1,000 Buffalo Swim Racer's Program ending October 19, 2008: City's Match $65,927 Charles J. Flynn 135 W. Tupper Buffalo, CDBG Year 29 funds approved by BURA August 14, 2003 for 14201 the Community Schools Program. I hereby certify that the above named individual is fully qualified This broad approach of program funding has been highly to serve as a member of the Buffalo Municipal Housing successful during the past seven years of the Local Law Authority. Enforcement Program in making our City more safe, and your REFERRED TO THE COMMITTEE ON LEGISLATION, THE acceptance of this grant will allow the continuance of the CORPORATION COUNSEL AND THE DIVISION OF programs a actions listed in the Year 8 budget. COLLECTIONS Sincerely, REFERRED TO THE COMMITTEE ON FINANCE AND THE NO. 2 COMMISSIONER OF POLICE PERMIT FEES After much research, development and planning, I am NO. 4 pleased to present various changes to the City of Buffalo's MONTHLY REPORT FROM THE DIVISION building pen-nit fee schedule. This has been done in OF CITIZEN SERVICES - (MAYOR'S HELP cooperation with the Buffalo Niagara Partnership to develop a LINE - OCTOBER 2003 system of fees that make sense to developers and that remains Dear Members of the Buffalo Common Council: fair to the City of Buffalo. I want to commend the work done by Attached for your review is the monthly activity report for all involved, including Commissioner Raymond McGurn. October 2003, from the Division of Citizen Services. This fee schedule is also going to be presented as an In order to analyze the calls, they were compared to service Ordinance Amendment for approval by the Common Council. calls for the last six months and the service calls from October REFERRED TO THE COMMITTEE ON LEGISLATION 2002. (attached) In general, total calls during October 2003 were down 12% FROM THE MAYOR - EXECUTIVE DEPARTMENT from September 2003 and down 16% from October 2002. FROM THE OFFICE OF CITIZEN SERVICES The biggest decreases in calls for October 2003, were in housing violations refrigerator pick ups and garbage calls. NO. 3 The only increases of note were in tote change requests and ACCEPTANCE OF YEAR V111 LOCAL LAW user fee bill inquiries. ENFORCEMENT BLOCK GRANT FUNDS 2003-2004 I had hoped to submit a new reporting format for October 2003, Dear Members of the Buffalo Common Council: however, the final product of Citizen Services, working with This is the eighth year that the City of Buffalo, Department of Management Information Services (M.I.S.) and the Office of Police, Division Citizen Services, and the Department of Strategic Planning is not completed. Community Services has received a Local La Enforcement As always, I hope that this information is helpful. Block Grant (L.L.E.B.G.), entitlement from the U.S. Justice Sincerely, Department (D.O.J.) RECEIVED AND FILED The total award for year 8 is $593,344, with a required City match of $65,927. T1 City's match will be Community FROM THE BOARD OF PARKING Development Block Grant (C.D.B.G.) dollars that has been approved by the Buffalo Urban Renewal Agency (B.U.R.A.), for NO. 5 the Community Schools Program. ROBERT B. ADAM RAMP EXPANSION The year 8 funds, in the amount of $593,344, are a reduction of Attached, please find the following information for the above 24% from la year's funding. stated project. Subsequently, the challenge before us this year was to use the Affirmative Action Workforce Report Justice Department dollars for the highest and best use in WBE/MBE Sub-Contractor Report REFERRED TO THE MINORITY BUSINESS ENTERPRISE RIFT #84 - Extended Roof Deck 1,245.00 COMMITTEE ALL TRADES - CONT'D Power Wash Blockwork 306.70 NO. 6 Level 5 CMU Demloiton 2,500.00 CHANGE ORDER NO. 2 EIFS - Precast Void 1 8,906.00 ADDITION TO THE ROBERT B. ADAM PARKING RAMP Lvl. 5 Existing Column Crack Repair 20,213.00 I hereby submit to your Honorable Body the following Bull #1 - change to Beam Size 1,022.75 changes for the addition to Robert B. Adam parking ramp. Bull # 15 - Twr 'B' Ground Repair 2,289.00 SUPERSTRUCTURE Added Elevator Pit Ladder 2,266.00 Crane Hogan Structural Systems Inc. - Contract No. 92010728 Paint Existing Railings 3,864.00 Original Contract $3,105.560.00 Added fencing - Bull 4 17 55,812.00 Change Order No. 1 $ 39,018.55 Accommodate Detector Loop 1,187.00 Change Order No. 2 Total Change Order No. 2 132,189.45 Pour # 13 Conduit Blockouts $ 995.00 New Contract Amt. $1,544,159.30 Bull 47 Add'I Demo g Salt Rooms 35,905.00 PARKING EQUIPMENT Shear Bar Cut-outs for Precast 7,630.00 Victor Liberator Time Systems - Contract No. 92010739 Total Change Order No. 2 $ 44,530.00 Original Contract $ 140,950.04 New Contract Amt. $3,189,108.55 Change Order No. 1 $ 23,626.04 PLUMBING Change Order No. 2 C & L Plumbing, Inc. - Contract No. 92010758 Bulletin 43.1 - Credit $ (-23,626.04) Original Contract $30,900.00 Street Sweeper 42,851.00 Change Order No. 1 $20,982.00 Parking Tags - 650 14,820,00 Change Order No. 2 Parking Tags - 550 12,540.00 Additional Cold Water Riser $7,806.00 Enter/Exit Signs 4,254.00 Bulletin #3.1 - At Grade Changes 4,163.00 Total Change Order No. 2 50,838.96 Drainage/Sump Twr 'C" 12,383.00 New Contract Amt. $ 215,415.00 Emergency Drainage Cleanout 7,437.00 ELEVATOR Delete Replacement of Trench Drains (-3,234.00) Thyssen & EUp Elevator Co. - Contract No. 92010772 Drainage Work g Twr 'C' 1,356.00 Original Contract $530,200 Investing Drainage Riser 2,475-31 Change Order No. 1 $(-8,010) Total Change Order No. 2 $32,386.31 Add Weathertight Encl. Elev. 'A' $1,013 New Contract Amt. $84,268.31 Daily Pit Drainage 3,200 MECHANICAL Total Change Order No. 2 $4,213 W.C. Roberson Plumbing & Const. Corp. - Contract No. New Contract Amt. $ 526,403 92010732 These changes could not be foreseen at the time the contract Original Contract $11,278 was let. All costs have been reviewed by the architect and the Change Order No. 1 $(-3,019) construction manager and found to be fair and equitable. Change Order No. 2 Funds for this work are available in bond account 51019046 New Louver/Backdraft Damper 880 445 100. Raise Exhaust Fans 305 I request that your Honorable Body authorize a change order to Total Change Order No. 2 $1,185 the contracts as set forth above. New Contract Amt. $9,444 REFERRED TO THE COMMITTEE ON FINANCE AND THE ELECTRICAL PARKING BOARD CIR Electrical Construction Inc - Contract No. 92010734 Original Contract $ 314,100.00 FROM THE OFFICE OF STRATEGIC PLANNING Change Order No. 1 102,402.48 NO. 7 Change Order No. 2 COMMUNITY WIDE URBAN Lighting Replacement - Exist Ramp $ 1,622.00 RENEWAL AREA Bulletin 43.1 at Grade Changes 4,280.00 APPROVAL OF CONTRACT FOR Bulleting # 12 - Speaker/Phone Comm 24,195.00 SALE OF LAND Bulletin #9.1 - Conduit Relocation 7,368.00 84-86&89 ALEXANDER Bulletin #14 - Add'l Lighting - Lvi 7 1,728.00 The City of Buffalo Urban Renewal Agency duly designated Bulletin # 16 - Booth Pwr Requirement 256.00 Bethel Community Development Corporation and/or joint C105 Lightning Protection Pavers $ 1,024.00 venture, partnership, corporation or other legal entity to be Battery Power Backup 23,245.00 formed as the qualified and eligible Redeveloper for the subject Total Change Order No. 2 63,718.00 parcel. New Contract Amt. $ 480,220.48 The Agency has also determined that the proposed Land ALL TRADES Disposition Agreement negotiated by the Agency and the Summit Construction Groups Inc. - Contract No. 92010727 Redeveloper is satisfactory. Original Contract $1,252,500.00 Please be advised that in accordance with the provisions of Change Order No. 1 $159,469.95 Article 15A of the General Municipal Law, it is now necessary Change Order No.2 for your Honorable Body to set a date for a public hearing, and Signage - Added Height Restrictors $1,639.00 to direct the publication of a notice of said hearing. In the Beams & Decking g Elev. Twr. 'A' 3,150.00 interest of time and anticipating that Your Honorable Body is Elevator Sill angles - Redundant (-1,965.00) willing to expedite this matter, I have taken the liberty to prepare Added Storefront Weather Protection 7,991.00 a Resolution together with a Notice of Public Hearing for your Masonry RFI's 80-82 1,622.00 action. Temporary Barricade - Level 5 Open 2,206.00 Forwarded separately are the following documents: Bulletin #8 - Masonry Restoration 7,935.00 1. Resolution setting Public Hearing 2. Notice of Public Hearing I am further recommending that the Corporation Counsel 3. Resolution approving proposed Land Disposition Agreement prepare the necessary documents for the transfer of title and After the Public Hearing is held, Your Honorable Body may that the Mayor be authorized to execute the same. adopt a Mrs. LoTempio moved: Resolution authorizing the disposition of the land to the That the above communication from the Office of Strategic Redeveloper, which the Agency has designated as being Planning, Division of Real Estate, dated November 18, 2003, qualified and eligible be received and filed; and REFERRED TO THE COMMITTEE ON COMMUNITY That the City of Buffalo reduce the sale price to Printing Prep, DEVELOPMENT Inc. for the property located at 707 Washington Street to one hundred seventy-nine thousand two hundred and thirty dollars NO. 8 ($179,230.00); and LWRP That the Corporation Counsel be authorized to prepare the LOCAL WATERFRONT REVITALIZATION PLAN necessary documents for the transfer of title and that the Mayor Prior to the implementation of the above referenced project, be authorized to execute the same. the requirements of the New York State Environmental Quality PASSED Review Act (SEQRA) must be satisfied. AYES - 11 NOES - 0 The project as defined by SEQRA is a Type 1 action for which a coordinated review will be completed. As per Section 617.6 of NO. 10 the regulations, an agency responsible for determining the REQUEST FOR APPROVAL TRANSFER TITLE OF 364 effect of this project on the environment must be designated PEARL STREET from among the involved agencies. The Buffalo Common THE AUSPURGER RAMP FROM BURA TO THE Council proses to assume Lead Agency status for this project CITY OF BUFFALO I hereby request of Your Honorable Body to accept the above The City of Buffalo Urban Renewal Agency has approved the Lead Agency Status peris the Charter & Code of the City of Transfer of 364 Pearl Street at its meeting of December 11, Buffalo, Part 11 General Legislation, chapter 15, Zoning, Article 2003 Item -.from the Buffalo Urban Renewal Agency to the City XVI, SD Special Zoning Districts, §511-67 and §511-68. Upon of Buffalo. acceptance as lead agency, the City of Buffalo's Common Due to the expansion of the ramp which is underway and Council is to initiate the designation of the "lead agency" subsequent to the acquisition by Court Order of 43 West process by sending a letter proposing to act as lead agency to Huron and 352 Pearl in order to expedite the expansion. Title the Department of State (DOS is the only involved agency). for these parcels went to the City of Buffalo pursuant to the Letter attached for review and signature. Court Order. Mrs. LoTempio moved: In the interest of time and anticipating that Your Honorable That the above communication from the Office of Strategic Body is willing to expedite this matter, I have taken the liberty to Planing, dated November 19, 2003, be received and filed; and prepare a Resolution for your action. That pursuant to 6 NYCRR Part 617, the City of Buffalo We now respectively request Your Honorable Body approve the Common Council is hereby designated Lead Agency for the transfer of this property to the City of Buffalo, Local Waterfront Revitalization Plan. Forwarded herewith is the following documents: ADOPTED 1 . Resolution approving proposed Land Transfer 2. Quitclaim Deed NO. 9 Mrs. LoTempio moved: REDUCE SALE PRICE That the above communication from the Office of Strategic 707 WASHINGTON Planing, dated November 20, 2003, be received and filed; and CITY OF BUFFALO TO PRINTING PREP That the Common Council does hereby approve the transfer of ITEM NO. 10, C.C.P. 10/15/02 364 Pearl Street to the City of Buffalo for the expansion of the In the above referenced item Your Honorable Body Auspurger Ramp. authorized the sale of 707 Washington Street, former Fire PASSED Station to Printing Prep, Inc. in the amount of Two Hundred AYES - 11 NOES - 0 One Thousand Seven Hundred Thirty Dollars ($201,730.00). Prior to the transfer of title it was discovered that title to the NO. 11 parking lot on the north side of the building was sold by the City RESULTS OF NEGOTIATIONS of Buffalo Urban Renewal Agency in 1982 to E.C.I.D.A. for the 18 & 20 BENDER, 1029, 1031, 1035, Eastman Machine Expansion Project. Although the property 1037, 1039, 1041 & 1043 CLINTON STREET was owned by Eastman Machine the City of Buffalo ASSESSED VALUATION: $22,400. Department of Fire continued to use the parking lot. During The above mentioned properties were acquired by the City of negotiations for the sale of the property it was assumed by all Buffalo from the former potential responsible parties (PRP). parties that the twelve- (12) car parking lot was part of the fire The properties were previously impacted by lead from the Bern station. Universal Company Site. The properties have been remediated In order to settle this matter, Printing Prep, Inc. has reached an by the PRP under Environment Protection Agency oversight agreement with Eastman Machine to acquire the parking lot for and by agreement transferred to the City of Buffalo. The total Twenty Thousand Dollars ($20,000.00) plus closing costs not area of these residential parcels is approximately 46,000 to exceed Twenty-Five Hundred Dollars ($2,500.00). square feet. Printing Prep, Inc. has requested the City of Buffalo to reduce The Office of Strategic Planning, Division of Real Estate has the sale price of the property located at 707 Washington to One received a request to purchase the site from Mr. Gary J. Hundred Seventy-Nine Thousand Two Hundred Thirty Dollars Procyshyn, 614 French Road, Cheektowaga, New York 14227. ($179,230.00). Mr. Procyshyn will acquire the properties and construct a I am recommending that Your Honorable Body approve the sale parking lot for his business located at 1048 Clinton Street. He price of 707 Washington to Printing Prep, Inc. in the amount of has provided his plans and financing for the lots. One Hundred Seventy-Nine Thousand Two Hundred Thirty The Department of Permit and Inspection Services and the Dollars ($179,230.00). Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City prices range from twenty-four cents (.24) to fifty cents (.50), of Buffalo by the purchaser. per square foot. The parcels have been appraised by John Zukowski, Arrow The results of our negotiations are that Mr. Royal is prepared to Appraisal Service Inc. He has estimated the value of the pay eight hundred dollars ($800), forty cents (.40) per square properties to be twenty thousand dollars ($20,000). The foot, for the subject property. Mr. Royal has also agreed to pay Division of Real Estate concurs with the appraisers estimate of for the cost of the transfer tax, recording fees and cost of the value. legal description. The results of our negotiations are that Mr. Procyshyn has I am recommending that Your Honorable Body approve the sale agreed and is prepared to pay twenty thousand dollars of 422 Monroe Street to Mr. Anthony L. Royal in the amount of ($20,000). He has also agreed to pay for the cost of the eight hundred dollars ($800). 1 am further recommending that transfer tax, recording fees and cost of the legal descriptions. the Corporation Counsel prepare the necessary documents for I am recommending that Your Honorable Body approve the sale the transfer of title and Mrs. LoTempio moved of 18 and 20 Bender Street, 1029, 1031, 1035, 1037, 1039, That the above communication from the Office of Strategic 1041 and 1043 Clinton Street to Mr. Gary J. Procyshyn in the Planning, Division of Real Estate, dated November 18, 2003, amount of twenty thousand dollars ($20,000). 1 am further be received and filed; and recommending that the Corporation Counsel prepare the That the offer from Mr. Anthony L. Royal, residing at 430 necessary documents for the transfer of title and that the Mayor Monroe Street, in the sum of Eight Hundred Dollars ($800.00) be authorized to execute the same. for the purchase of 422 Monroe Street, be and hereby is REFERRED TO THE COMMITTEE ON FINANCE accepted; and That the appraisal requested by the City of Buffalo shall be paid NO. 12 by the purchaser; and RESULTS OF NEGOTIATIONS That the transfer tax, recording fees and cost of legal 699 BROADWAY, 82.46'SW KRETTNER description shall be paid by the purchaser; and VACANT LOT: 27'X 89' That the Corporation Counsel be authorized to prepare the ASSESSED VALUATION: $1,900 necessary documents for the transfer of title and that the Mayor The Office of Strategic Planning, Division of Real Estate, has be authorized to execute the same, in accordance with the received a request to purchase 699 Broadway Street from terms of sale upon which the offer was submitted. Pastor Randy Gipson, Evangelistic Temple of God in Christ, PASSED 701 Broadway Street, Buffalo, New York 14212. The lot is AYES - 11 NOES - 0 adjacent to the church and will be used for additional green space. NO. 14 The Department of Permit and Inspection Services and the RESULTS OF NEGOTIATIONS Division of Collections have no objections to the sale. There are 471 SOUTH PARK, 334.33'W ALABAMA code violations, taxes or other liens owed to the City of Buffalo LOT SIZE: 28'X 150' by the purchaser. ASSESSED VALUATION: $4,200. The Division of Real Estate has investigated the sale of similar The Office of Strategic Planning, Division of Real Estate, has vacant lots in the subject area. Sales prices range from fifty received a request to purchase 471 South Park Avenue from cents (.50) to eighty cents (.80) per square foot. Mr. Thomas Brinkworth, Attorney at Law for Mr. Sal The results of our negotiations are Evangelistic Temple of God Patronaggio, 891 South Park Avenue, Buffalo, New York in Christ has agreed and is prepared to pay one thousand nine 14210. Mr. Patronaggio owns 465 South Park, a downtown row hundred dollars ($1,900), eighty cents (.80) per square foot for type house. He intends to use 471 South Park for parking for this parcel. They have also agreed to pay for the cost of his business and tenant, which is adjoining to 465 South Park transfer tax, recording fees and cost of the legal description. Avenue. I am recommending that Your Honorable Body approve the sale The Division of Permit and Inspection Services and the of 699 Broadway Street to Evangelistic Temple of God in Christ Division of Collections have no objections to the sale. There are in the amount of one thousand nine hundred dollars ($1,900). 1 no outstanding taxes, building code violations, or other liens am further recommending that the Corporation Counsel owed to the City of Buffalo by the purchaser. prepare the necessary documents for the transfer of title and The Division of Real Estate has investigated the sale of similar that the Mayor be authorized to execute the same. residential vacant lot properties in the subject area. Sales REFERRED TO THE COMMITTEE ON FINANCE prices range from fifty cents (.50) to one dollar and twenty-five cents ($1.25), per Square foot. NO. 13 The results of our negotiations are that Mr. Patronaggio is RESULTS OF NEGOTIATIONS prepared to pay two thousand five hundred dollars ($2,500), 422 MONROE, 427'S BECKWITH sixty cents per square foot, for the subject property. Mr. LOT SIZE: 18.75'X 109' Patronaggio has also agreed to pay for the cost of the transfer ASSESSED VALUATION: $900. tax, recording fees and cost of the legal description. The Office of Strategic Planning, Division of Real Estate, has I am recommending that Your Honorable Body approve the sale received a request to purchase 422 Monroe Street from Mr. of 471 South Park Avenue to Mr. Sal Patronaggio in the Anthony L. Royal, 430 Monroe Street, Buffalo, New York amount of two thousand five hundred dollars ($2,500). I am 14212. Mr. Royal owns a one family home at 430 Monroe further recommending that the Corporation Counsel prepare Street, which is adjoining to 422 Monroe Street. He intends to the necessary documents for the transfer of title and that the use the property for extra yard space. Mayor be authorized to execute the same. The Division of Permit and Inspection Services and the REFERRED TO THE COMMITTEE ON FINANCE Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City NO. 15 by the purchaser. TRANSFER OF TITLE The Division of Real Estate has investigated the sale of similar URBAN HOMESTEAD PROGRAM residential vacant lot properties in the subject area. Sales 145 LOCUST (CITY OWNED-VACANT LOT, 30'X 100') The Office of Strategic Planning has surveyed the city-owned The following individuals were appointed as temporary vacant lot at 145 Locust Street, Buffalo, New York, parcel is 30' members last year, however, Mr. Zielinski has stated he is not x 100' in dimension; and it has been determined this parcel is available to serve in a temporary capacity this year. inappropriate for either the construction of new housing or Coralia J. Hetzner 67 Lancaster Ave, Buffalo NY 14222 needed for any public purpose. Robert Zielinski 30 Lyman St, Buffalo NY 14206 Ms. Jacqueline Bobo residing at 114 Lemon Street, Buffalo, REFERRED TO THE COMMITTEE ON LEGISLATION New York 14204 indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the NO. 18 Urban Homestead Program. 145 Locust Street is adjoining to Board of Assessment Review her property from the rear. Appointment, Permanent Member The Division of Permit and Inspection Services and the The appointment to the Board of Assessment Review of Division of Collections have been contacted. There are no Edward Hemdon, 19 Summer St, Buffalo, NY 14209, expired property code violations, taxes or other liens owed to the City of on September 30, 2003. By state provision, a Board of Buffalo by the homesteader. Assessment Review member whose term has expired may not We, therefore, recommend the city-owned vacant lot be participate in board actions and may not be considered for designated as a Homestead Property and be transferred to Ms. purposes of determining a quorum. Additionally any new or Jacqueline Bobo on the condition the property is cleaned and re-appointed member must receive training from the Erie improved within (6) months and maintained in a sanitary County Director of Real Property Services and be certified to manner. New York State before assuming the duties of a board REFERRED TO THE COMMITTEE ON COMMUNITY member. DEVELOPMENT Therefore, I am respectfully requesting Common Council action to fill this five (5) year vacancy as soon as possible so that the FROM THE PRESIDENT OF THE COUNCIL required training can occur before commencement of hearings. The following is a roster of current Board of Assessment No. 16 Review members and the dates their respective appointments Reappointment - Board of Assessment will expire. I am reappointing Mr. Edward Herndon to the Board of Keith Barnes 29 Frankfurt Ave, Buffalo, NY 14211 9/30/04 Assessment. William Maggio 230 Wellington Rd, Buffalo, NY 14216 9/30/05 Mr. Herndon was permanently appointed to the Board of Henry Osinski 175 Parkside Ave, Buffalo, NY 14216 9/30/06 Assessment September 30, 1998. His current term expired Ruthetta Smikle 126 Crescent Ave, Buffalo, NY 14214 9/30/05 September 30, 2003. RECEIVED AND FILED Mr. Herndon has served well in his position and is well qualified to continue. His current term of appointment will be from FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS October 1, 2003 to September 30, 2008. AND STREETS REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF NO. 19 COLLECTIONS Notification Serial #9752 Install No Turn on Red FROM THE COMMISSIONER OF ASSESSMENT AND Seventh Street, northbound TAXATION at Porter Avenue NO TURNS ON RED - INSTALL No. 17 In conformity with Section 479 of the Ordinances of the City Board of Assessment Review of Buffalo, the City Engineer hereby notifies your Honorable Appointment, Temporary Members Body of this action supplementing, amending, or repealing I am respectfully requesting Common Council action to existing provisions of Chapter 479 of the Ordinances, as stated appoint at least three (3) temporary members to the Board of below, to be effective forty five (45) days after the first Council Assessment Review (BAR) to serve no more than twenty days meeting at which they appear on the agenda as an item as needed during the time period of January 2004 to business. mid-February 2004. The Department of Assessment & That part of the Subdivision I of Section 38 of Chapter 479 of Taxation is preparing contingencies should it prove to be the Ordinances of the City of Buffalo be supplemented by necessary to supplement the existing permanent board for the adding thereto the following: TURNS PROHIBITED FACING upcoming assessment challenge period. Three temporary STEADY RED SIGNAL boardmembers working in conjunction with the five permanent Vehicles onat Intersection of Effective Period of Time members will allow this office to establish two mini-boards, if Seventh Street Porter Avenue 8 a.m. to 4 p.m. needed. traveling northbound southeast corner Last year, although your Honorable Body made two temporary This action is being taken to allow for safer pedestrian access appointments, we were able to handle all of the BAR hearings at a school crossing. with just the permanent boardmembers and did not incur the RECEIVED AND FILED additional expense of Galling in temporary members. We are hopeful that assessment challenges this year will be no more NO. 20 and perhaps less than last year, but there is no way to predict Report of Bids the numbers. Allentown Lighting 2003 Since state law requires temporary members receive training by Group 616 the Erie County Director of Real Property Services prior to This is to advise Your Honorable Body that I have advertised serving we need to have these member's appointed as soon as and received bids on November 12, 2003. possible. Approval of temporary members now, will permit the The following bids were received: establishment of mini-boards, if necessary, without further Contractor Total Bid Price delay. O'Connell Electric Company $92,632.00 830 Phillips Road Victor, NY 14564 That the above communication from the Commissioner of Frey Electric Company $112,500.00 Public Works, Parks and Streets dated November 19, 2003, be 100 Pearce Avenue received and filed; and Tonawanda, NY 14150 That the Commissioner of Public Works, Parks and Streets be, South Buffalo Electric $121,970.00 and he hereby is authorized to award a contract for the 21 Foundry Street Connors, Kait, Harrity Natatorium (Cazenovia Pool), to The Buffalo, NY 14207 Peyton Barlow Co., the lowest responsible bidder, in a Base I hereby certify that the lowest responsible bidder for the above Bid of $62,700.00, add Alternate #1 for $7,200.00, add project is O'Connell Electric Company, and I respectfully Alternate #2 for $2,700.00 for a total bid price of $72,600.00. recommend that Your Honorable Body authorize a contract Funds for this project are available in 36400106 445100 award to O'Connell Electric Company in the amount of -Buildings. $101,895.20. (Base Bid of $92,632.00 + [10% unit price Passed. increases] $92,632.00 equals [Total Award] $101,895.20) AYES - 11 - NOES - 0 Funds for this project are available in our Capital Account #30228206, 30032106. The engineer's estimate for this work is No. 22 $110,000.00. Report of Bids Mrs. LoTempio Moved: Installation of Traffic Signal That the above communication from the Commissioner of Vehicle Detection Loops - 2004 Public Works, Parks and Streets dated November 17, 2003, be This is to advise Your Honorable Body that I have advertised received and filed; and and received bids on November 12, 2004. That the Commissioner of Public Works, Parks and Streets, The following bids were received: be, and he hereby is authorized to award a contract for Contractor Total Bid Allentown Lighting 2003, Group 616, to O'Connell Electric Price Company, the lowest responsible bidder, in the amount of South Buffalo Electric, Inc $92,632.00. Funds for the project are available in Capital $39,918.23 Account #30228206 and #30032106. 21 Foundry St. Passed. Buffalo, New York 14207 AYES - 11 - NOES – 0 Ferguson Electric Construction Co., Inc $41,601.88 No. 21 333 Ellicott St. Report of Bids Buffalo, New York 14203 Connors, Kait, Harrity Natatorium Weydman Electric, Inc . (Cazenovia Pool) $88,255.30 Rehabilitation 747 Young Street Job No. 0329 Tonawanda, New York 1415 0 I advertised on October 28, 2003 and received the following I hereby certify that the lowest responsible bidder for the above formal bids for the Connors, Kait, Harrity Natatorium project is South Buffalo Electric, Inc. and I respectifully (Cazenovia Pool), Rehabilitation, which were publicly opened recommend that Your Honorable Body authorize a contract and read on November 18, 2003. award to South Buffalo Electric, Inc. in the amount of Base Bid Alt. #1 Alt. #2 $43,910.05. (Base Bid of $39,918.23 + [10% unit price The Peyton Barlow Co. $62,700.00 $ 7,200.00 increases] $3,991.82 equals [Total Award] $43,910.05.) Funds $2,700.00 for this project are available in our Capital Account 360 Delaware, Buffalo, NY #30032106-445 100. The engineer's estimate for this work is The Hadala Corp. $64,400.00 $ 6,400.00 $42,088.00. $2,200.00 Mrs. LoTempio Moved: 100 James, Tonawanda, NY That the above communication from the Commissioner of Summit Construction $65,300.00 $12,000.00 Public Works, Parks and Streets dated November 13, 2003, be $2,500.00 received and filed; and 6 Lancaster, Lancaster, NY That the Commissioner of Public Works, Parks and Streets, C. Nichter, Inc. $85,500.00 $14,500.00 be, and he hereby is authorized to award a contract for $2,500.00 Installation of Traffic Signal Vehicle Detection Loops 2004, to 30 Wildwood, Lancaster, NY South Buffalo Electric, Inc., the lowest responsible bidder, in Alternate #1 is to remove existing roof over office and install the amount of $43,910.05 (Base Bid of $39,918.23 + [10% unit new roof. Alternate #2 is to clean all work in 2 n, floor balcony price increases] $3,991.82 equals [Total Award] $43,910.05). and paint with approved coating. Funds for the project are available in Capital Account I hereby certify that the foregoing is a true and correct #30032106445100. statement of all bids received and that The Peyton Barlow Co., Passed. with a Base Bid of $62,700.00, add Alternate #1 for $7,200.00, AYES - 11 - NOES - 0 add Alternate #2 for $2,700, for a total bid price of Seventy Two Thousand Six Hundred and 00/100 Dollars ($72,600.00), is the Mr. Thompson now took his seat at 2:15 pm lowest responsible bidder in accordance with the plans and specifications. No. 23 I recommend that Your Honorable Body authorize the City owned vacant lot at 76 Buffum St. Commissioner of Public Works, Parks & Streets to order the Item No. 95, C.C.P. 12/10/02 work on the basis of the low bids. Funds for this project are Item No. 183, C.C.P. 06/25/02 available in 36400106 445100 -Buildings. Item No. 34, C.C.P. 07/23/02 Mrs. LoTempio Moved: Our records indicate that the grass at this lot was cut in July 2003. Also, the Forestry Division and the Impact Team cut down various growth and killed the poison ivy. At our last Add $3,465.00 inspection, all that remained of the ivy was the dead vine. 5. Additional sill pieces for Location 4. We will inspect this lot again in the spring of 2004. 6. Add $ 815.00 REFERRED TO THE SPECIAL COMMITTEE ON STREETS The foregoing change results in a net increase in the contract SERVICES of Seventeen Thousand Six Hundred Seventy Seven and 00/100 Dollars ($17,677.00). NO. 24 Summary: Change in Contract Current Contract Amount Kleinhans Music Hall $1,736,000.00 Phase IX - Site Improvements Amount of This Change Order (#2) Job No. 0347 Add $ 17,677.00 I hereby submit to Your Honorable Body the following Revised Contract Amount changes for Job No. 0347, Kleinhans Music Hall, Phase IX - $1,772,059.00 Site Improvements, Thomann Asphalt, C #92010811. Costs have been reviewed by the Consulting Architect (Kideney 1. Remove existing walkway concrete and provide Architects) and the Department of Public Works, Parks & new concrete with exposed aggregate. Add $ 950.00 Streets and were found to be fair and equitable. Funds for this The foregoing change results in a net increase in the contract work are to available in Division of Buildings' Capital Accounts. of Nine Hundred Fifty and 00/100 Dollars ($950.00). I request that Your Honorable Body authorize the Summary: Commissioner of Public Works, Parks & Streets to issue a Current Contract Amount change order to the contractor as set forth above. $43,750.00 Mrs. LoTempio Moved: Amount of This Change Order (#11) Add $ That the above communication from the Commissioner of 950.00 Public Works, Parks and Streets dated November 13, 2003, be Revised Contract Amount received and filed; and $44,700.00 That the Commissioner of Public Works, Parks and Streets be, Costs have been reviewed by the Consulting Architect and he hereby is authorized to issue change order No. 2, to (Hamilton, Houston, Lownie) and the Department of Public Roderns Construction, an increase in the amount of Works, Parks & Streets and were found to be fair and $17,677.00, as more fully described in the above equitable. Funds for this work are available in 36321606 communication, for work relating to Job No. 0335, Shea's 445100 - Division of Buildings. Performing Arts Center, Phase 1, Exterior Restoration, East I request that Your Honorable Body authorize the Wall & Main St. Facade, General Construction, C #92010815. Commissioner of Public Works, Parks & Streets to issue a Funds for this project are available in Division of Buildings' change order to the contractor as set forth above. Capital Accounts. Mrs. LoTempio Moved: Passed That the above communication from the Commissioner of AYES - 12 - NOES – 0 Public Works, Parks and Streets dated November 17, 2003, be received and filed; and No. 26 That the Commissioner of Public Works, Parks and Streets be, Ordinance Amendment and he hereby is authorized to issue change order No. 1, to Chapter 437 - Taxicabs and Liveries Thomann Asphalt, an increase in the amount of $950.00, as Install Taxi Stand - Lafayette Square more fully described in the above communication, for work TAXICABS AND LIVERIES - AMEND relating to Job No. 0347, Kleinhans Music Hall, Phase IX - Site The purpose of this Amendment is to update Chapter 437 Improvements, C #92010811. Funds for this project are Section 19 of the Charter and Code of the City of Buffalo in available in 36321606 445100 - Division of Buildings. order to allow for this change to be made on the affected street. Passed It is therefore requested that Chapter 437, Section 19 of the AYES - 12 - NOES - 0 Charter and Code of the City of Buffalo (Taxi Stands) be amended by adding thereto the following: No. 25 Name of Street Side Location and Restrictions Number of Change in Contract Cabs Shea's Performing Arts Center Lafayette Square South Between Main Street and a point 115' Phase I - Exterior Restoration 6 East Wall & Main St. Facade west of Washington Street. Job No. 0335 This action will result in three metered parking spaces and six I hereby submit to Your Honorable Body the following taxi stand spaces on the south side of Lafayette Square changes for Job No. 0335, Shea's between Main Street and Washington Street. Performing Arts Center, Phase 1, Exterior Restoration, East RECEIVED AND FILED Wall & Main St. Facade, General Construction, Rodems Construction, C #92010815. No. 27 1. Replacement of existing terra-cotta at Location 1: Permission to Enter into Agreements Elevations 2 & 3/A9 at Northeast Corner. Buffalo Downtown Streetscape Beautification Add $8,567.00 Empire State Development Project Q533 2. Replacement of existing terra-cotta at Location 2: The City is in receipt of a grant from the Empire State Elevation 3/A9 at corner of 650 Main St. Bldg. Development Corporate (ESD) in the amount of $49,984.00 for Add $1,035.00 downtown streetscape beautification, project Q533. Permission 3. Replacement of existing terra-cotta at Location 3: is being requested from Your Honorable Body to enter into all Elevation 3/A9 at South Marquee Support. necessary agreements with the ESD to execute the Grant and Add $3,795.00 to accept reimbursement funds into our Capital Project 4. Replacement of existing terra-cotta at Location 4: Account #30032106. Elevation 3/A9 at Sill of Grand Window. Mrs. LoTempio Moved: That the above communication from the Commissioner of Appointment Effective: November 17, 2003 in the Public Works, Parks and Streets dated November 13, 2003, be Department of received and filed; and Public Works, Parks Streets Division of Water to the Position That the Commissioner of Public Works, Parks and Streets be, of Meter Reader Permanent Appointment at the: Intermediate and he hereby is authorized to enter into all necessary Starting Salary of: $27,425 agreements with the Empire State Development Corporate to Philip Frederick 80 Avery Avenue Buffalo, New York 14216 execute the grant and to accept reimbursement funds in the REFERRED TO THE COMMITTEE ON CIVIL SERVICE amount of $49,984.00 in the Capital Project Account #30032106 for downtown streetscape beautification, project NO. 31 Q533. Certificate of Appointment Passed. Appointment Effective: November 17, 2003 in the Department AYES - 12 - NOES - 0 of Public Works, Parks & Streets Division of Water to the Position of Senior Engineering Aide-Water Provisional No. 28 Appointment at the: Intermediate Starting Salary of: $32,925.00 Permission to Enter into Agreements w/ECIDA Brian Cannon 186 Goethe Street Buffalo, New York 14206 Union Ship Canal Engineering Services REFERRED TO THE COMMITTEE ON CIVIL SERVICE Permission is requested from Your Honorable Body to enter into all necessary agreements with ECIDA and URS Engineers FROM THE COMMISSIONER OF POLICE to contract for engineering services related to Union Ship Canal. NO. 32 Our department had initially contracted with URS for [Permission To Accept Urban Area Security Grant] engineering services in order to expedite design and As you are aware, the City of Buffalo/County of construction of the Phase I roadways. Since this time, the Erie/Niagara County have been awarded $10,266,607 through administration of the project has been assigned to ECIDA the US Department of Homeland Security 2003 funds for urban including the engineering contract with URS. Funding for the area security and homeland preparedness. The City is engineering and construction are being provided through a NY receiving an initial reimbursement in the amount of State Multi Modal Contract, which has also been assigned to $978,174.23 for allowable police ($839,889.23) and fire ECIDA. ($138,285) personnel expenditures incurred as a result of the This permission is necessary to execute a (3) party agreement country being on "Code Orange" alert during specific time between ECIDA, URS and the City to effectuate contract periods during the months of February, March, April and May; payments to U RS for necessary engineering services. Erie County will receive $456,183.05 and Niagara County Mrs. LoTempio Moved: $511,980.08, totaling $1,946,337.36 in "Code Orange" That the above communication from the Commissioner of reimbursement. Public Works, Parks and Streets dated November 20, 2003, be In addition, the City and the County of Erie have mutually received and filed; and agreed upon (which is a mandate of this grant) the following That the Commissioner of Public Works, Parks and Streets be, items to be covered under this grant for Year One: and he hereby is authorized to enter into all necessary $70,000(salary/fringe) - City of Buffalo Homeland Security agreements with the ECIDA and URS Engineers to contract for Coordinator engineering services related to Union Ship Canal. Funding for $2,255,000 Communications Center (Consolidation of the engineering and construction are being provided through a Police/Fire/Erie County 911/Sheriff's Department and EMS) - NYS Multi Modal Contract, which has also been assigned to one interoperable communications system to operate out of ECIDA. new Public Safety Campus Passed. $1,500,000 CAD/RMS Interoperable Hardware/Software for AYES - 12 - NOES - 0 Communications Center $200,000 Personal Protective Equipment ($100,000 No. 29 City/$100,000 County Public Notice $100,000 - Communication Equipment for County Water Rates buildings/grounds PUBLIC NOTICE IS HEREBY GIVEN that a public Hearing $100,000 - Crossband repeaters will be held pursuant to Public Authorities Law Section 1048-1 $240,000 - WMD Incident Response Vehicles (3 City/3 on December 4, 2003 at 5:30 p.m. local time in the Common County) Council Chambers, 13 1h Floor City Hall, Buffalo, New York $400,000 - County CBRNE Command Bus concerning the establishment of fees, rates, or other charges (Health/Innoculations) by the Buffalo Water Board (the "Water Board") for the use of $800,000 - City CBRNE Response Vehicle for Structural or services furnished, rendered or made available by the water Collapse system of the City of Buffalo on or after January 1, 2004. Such $500,000 - Erie County Bomb Disposal charges proposed to be established by the Water Board $300,000 - Costs Incurred by City for training (overtime, include up to a 20.4% rate increase on Flat R Accounts, on backfill, etc) Meter Accounts up to a 22.9% increase on usage charged and $60,000 Specialized tablets/PC - Erie County Health Dept on meter capacity charges currently in effect, and up to a $100,000 Security Consultant to look at City/County 22.9% increase on all Miscellaneous Fees and Charges. A vulnerabilities (facilities/infrastructure) copy of these rates are available in the office of the Secretary of $100,000 - Security upgrades for Biological Systems Lab the Water Board located in City Hall, Room 602 z may be (behind ECMC) inspected during regular business hours after November 24, $677,000 - Infrastructure security City Hall/Rath Building 2003. $100,000 - Continuity of Government Operations/Plans (both REFERRED TO THE COMMITTEE ON FINANCE City/County) $551,662.64 - Infrastructure/Public Safety Campus Security NO. 30 $266,607 - Niagara County Initiatives Certificate of Appointment This completes the spending of the 2003 funds ($10,266,607); SECOND HAND DEALER the spending of the 2004 funds will be negotiated later, as were 1424 HERTEL these funds. Pursuant to Chapter 254 of the City of Buffalo Ordinances, At this point, other than the reimbursement for the Code please be advised that I have examined the attached Orange alerts, we do not know how the State will handle the application for a Second Hand Dealer License located at 1424 awarding of contracts, however, we are requesting permission Hertel and find that as to form is correct. I have caused a for the Mayor to enter into the contract we have for the investigation into the premises for which said application for a $978,174.23 Code orange reimbursement, and also, to accept second hand dealer license is being sought and according to the additional funding the City will receive as itemized above. the attached reports from the Zoning Office, Fire Department We are also requesting an interfund cash loan for and Building Inspections, I find it complies with a regulations non-personnel expenditures, should the need arise, as a cash and other applicable laws. I have caused an investigation by the advance for all departmental non-personnel expenses until we Police Department into the moral character Herman Jemison. can secure such reimbursement from the State. IF such a loan The attached thereto for Herman Jemison d/b/a Smith is necessary, this loan would then be repaid as the Consignment on the Ave. This request submitted for your reimbursements are sent to the City from the State by the approval or whatever action you deem appropriate. "Feds" under this grant initiative. There is no required City REFERRED TO THE COMMITTEE ON LEGISLATION match for these funds. If you have any questions or require further clarification of the above, please contact Chief Edward NO. 36 C. Hempling at ext. 4475. Thank you for your immediate WHOLESALE JUNK DEALER attention to this pressing matter as we want your approval prior 1455 NIAGARA STREET to the Control Board's December meeting. Pursuant to Chapter 254 of the City of Buffalo Ordinances, Mrs. LoTempio Moved: please be advised that I have examined the attached That the above communication from the Commissioner of application for a Wholesale Junk Dealer License at 1455 Police dated November 20, 2003 be received and filed; and Niagara Street and find that as to form is correct. I have cause That the Mayor be, and he hereby is authorized to enter into the an investigation into the premises for which aid application for a contract for the $978,174.23 Code Orange reimbursement, and Wholesale Junk Dealer License is being sought an according to accept the additional funding the City of Buffalo will receive to the attached reports from the Zoning Office, Fire Department as itemized above. Authorized the Comptroller to provide an and Building Inspections, I find it complies with all regulations interfund cash loan for all non-personnel expenditures, should and other applicable laws. I have caused an investigation by the the need arise, as a cash advance for all departmental Police Department into the moral character of James non-personnel expenses until the Police Department can Dingeldey. The attached thereto for James Dingeldey d/b/a secure such reimbursement from the State. The loan will then Infinity Auto. This request is submitted ft your approval or be repaid as the reimbursements are sent to the City from the whatever action you deem appropriate. State by the federal government under the grant initiative. REFERRED TO THE COMMITTEE ON LEGISLATION There is no required City match for these funds. Passed. FROM THE COMMISSIONER OF ADMINISTRATION AND AYES - 12 - NOES - 0 FINANCE FROM THE COMMISSIONER OF FIRE NO. 37 NO. 33 AUDIT REVIEW 638 FILLMORE AVENUE PRIOR COUNCIL REF. ITEM 24 C.C.P. OCTOBER 28, 2003 Be advised that the Buffalo Fire Department is officially This item is a merely a recap of previous audits and I am not abandoning the building located at 638 Fillmore Avenue. We sure why it was filed with the Common Council and referred to are requesting the building be turned over to the Real Estate my office. Upon reviewing the recap of audits I have only two Division, comments. REFERRED TO THE COMMITTEE ON COMMUNITYFirst, dispatchers in Fire are civilians because the DEVELOPMENT THE DIRECTOR OF administration worked hard in contract negotiations and REAL ESTATE AND THE COMMISSIONER OF PUBLIC arbitration with both the police and fire unions to civilianize the WORKS dispatch functions. Prior to civilianizing Fire dispatch it was exclusive bargaining unit work for Local 282. The agreement FROM THE COMMISSIONER OF PERMIT & INSPECTION with Local 282 allows the City to civilianize through attrition SERVICES only. NO. 34 Second, per unit cost for demolitions is a meaningless statistic B. GRANT-B. LIKO-REQ EST CAR REPAIR given the vast range of demolitions and their associated costs. SHOP/USED CAR SALES- 3225 This unit was disbanded because bond funds had been BAILEY AVENUE" (#68 C.C.P. OCTOBER 28, 2003) depleted in the current year and the personnel whom were ITEM NO. 68, C.C.P. 11/6/2003 supported by bond funds were re-assigned to other duties I am in receipt of the above stated Common Council without a revenue stream to reimburse their salaries and Communication and wish to supply your Honorable Body with benefits. the following information. The establishment of a used car sale REFERRED TO THE COMMITTEE ON FINANCE business is being held up due to a remedial project being performed by the New York State Department of environmental NO. 38 Conservation. After all tank removal is completed an the area FIRST QUARTER GAP SHEETS declared safe we will support any and all development at this CITY AND COVERED AGENCIES location. It is my sincere hope that this response satisfies your NOVEMBER 10, 2003 inquiry. ATTACHED AVAILABLE FOR REVIEW IN THE CITY RECEIVED AND FILED CLERK’S OFFICE. REFERRED TO THE COMMITTEE ON BUDGET AND THE NO. 35 COMPTROLLER Consequently, the administration believes these funds will be NO. 39 available to enable the increased appropriation of $1.393 million GENERAL FUND GAP SHEET-FIRST QUARTER 2003-04 noted above. The City Comptroller will not authorize increased Under this cover please find the City's General Fund gap appropriations from this source until the City's books are closed sheet for the first quarter of Fiscal 2003-04. The gap sheet for 2002-03 and the availability of these funds has been projects a budget deficit of $9.825 million. This gap does not verified. include $7.811 million in BFSA borrowing. Including BFSA Transfers out are showing an increase of $442,000 from borrowing reduces the projected gap to $2.014 million. budget. Of this amount $265,000 is merely a transfer from the Total revenue, resources and interfund transfers are projecting Reserve for Capital Improvements (repairs to swimming pools) $16.369 million below the adopted budget due mainly to the to the Capital Projects Fund and $177,000 is an increase due elimination of $24.059 million in Article VII borrowing that was to the Transfer of Dunn Tire Park to Erie County. The Debt included in the City's budget but not ultimately authorized by Service that was previously budgeted in the Dunn Tire Park the State. Other revenues showing decreases from budget are Enterprise Fund is now the responsibility of the City General City departmental revenues, Federal departmental revenues Fund. Savings from the refinancing of HSBC debt ($192,000) and STAR program proceeds. will become a resource for 2004-05 since it was raised outside City departmental revenues are projecting $200,000 below the of the City's constitutional taxing limit. adopted budget amount of $18.611 million due to the delay in On the appropriation side of the ledger, expenditures are starting the "cry-wolf' avoidable alarm initiative. Federal projecting $6.544 million below budget. The largest savings is departmental revenues are projected to fall $176,826 short of in "Other Employee Benefits" ($12.984 million) where the budget. This loss of Federal departmental revenue is due to a Reserve for Union Agreements has been reduced by $13.122 reduction of $885,000 in BURA reimbursement. Offsetting this million. Of this amount, approximately $6.1 million is actual $885,000 reduction in part, are two police department grants: savings from the elimination of noncontractually obligated The COPS Universal Hiring Grant and the Homeland Security raises and lower revised salary base estimates. The difference Grant. The Homeland Security Grant will provide $978,174 in between the $13.122 million and the actual savings of $6.1 unrestricted funds and the Universal Hiring Grant will produce million is included in personal service and social security $1.55 million in reimbursement for police salaries. Together, projections. The $756,452 that remains in the Reserve for these two grants will produce $2,528,174 in the current year Union Agreements is for retroactive pay raises for past fiscal compared to budget estimates of $1.82 million. years. STAR program revenue is expected to fall $312,000 short of "Other Employee Benefits" line-items showing increases are budget given the latest estimates from the State. Property Tax major medical selfinsurance claims ($129,000), severance revenue has been increased by $293,000, or approximately 94 vacation pay ($50,000) and fringe benefits administrative percent of the above amount reflecting the lower collection rate charges ($9,000). Major medical self-insurance claims are up associated with property taxes. Property Tax payments are the due to the loss of a grievance filed by Local 264 concerning the responsibility of the property owner if they are not covered by three-tier prescription co-pay and increased participation in the STAR. STAR administrative reimbursement has also been City's 105(h) plan which provides reimbursement for copays for reduced by $17,000. This reduction is reflected in "Other State employees electing the lowest cost health insurance plan. Revenues." Severance vacation pay is expected to increase due to Offsetting in part, the revenue losses noted above increased retirements and fringe benefits administrative are increased resources of $7.862 million, and lesser increases charges are up due to increased rates and greater participation in State departmental revenues, "Other Tax Items" and "Other in the 105(h) plan. General City Revenues." Other Tax Items have been increased Additional savings are projected in Retirement Contributions by $272,000 reflecting accounts receivable for payments in lieu ($1.171). The actual bill for ERS is $4.327 or $236,000 less of taxes and State departmental revenue has been increased than budget. PFRS is showing savings of $890,000 with a bill by $400,000 as a result of the increase in the parking ticket of $6.573 million. An additional $45,000 in savings comes from surcharge from $5 to $15. This increase was effective the City Police and Fire Pension Funds. November 1, 2003. Group Insurance is projecting savings of $1.203 million with Resources have been increased by $2.563 million reflecting health insurance for active employees showing savings of increased appropriations for Capital Outlays from the Fund $3.214 million, group life insurance savings of $91,000, Balance Reserve for Capital. Resources have also been disability insurance savings of $24,000 and in lieu of health increased due to the availability of the $20 million in State insurance savings of $11,000. Active health insurance costs re-engineering funds. $3.906 million has been included from are down due to a fewer employees and lower than budgeted this source to fund the second year of the City's contract with rates. the PBA. The source of this resource is the 2002-03 Offsetting these savings are increases in health insurance for unreserved, undesignated fund balance. Resources from the retirees at $1.25 million and an increase of $888,000 in group 2002-03 unreserved, undesignated fund balance have been dental insurance. The increase in retiree health care is due to a increased an additional $1.393 million in this gap sheet mid-year rate increase in Blue Cross/Blue Shield. The increase reflecting the $1.3 million increase in "miscellaneous charges" in dental insurance is due to union agreements that provided for prior year judgements and claims and $93,000 for preferred coverage. The budget only provided for the base contractual obligations to the zoological society ($68,000) and plan. Kleinhans ($25,000). The adopted budget assumed that the Savings are also projected in "Miscellaneous Services" Regional Asset agreement with Erie County would have been ($136,000) where refuse disposal costs for City-owned completed prior to close of the first quarter so that no payments properties are down $229,000 due to fewer parcels. Offsetting to the zoo or Kleinhans would have been required in the current this decrease are the half-year costs for the zoo and Kleinhans year. Unfortunately, all approvals have not been realized as yet noted above in the paragraph on resources. so this gap sheet includes half-year payments to the zoo and "Debt Service and Related charges" is showing savings of Kleinhans. $713,000 due to lower interest rates on the RAN borrowing. At the close of fiscal 2001-02, the City Comptroller designated Gap sheet projections show expenses exceeding budget in the $4 million of the unreserved fund balance for judgement and following areas: personal services and social security claims. No money was ever moved from this source. contributions, unemployment compensation, services, capital Service expenditures are projected to go over budget by outlay and miscellaneous charges. $239,000 due to the inclusion of $500,000 in the gap sheet for Personal services are projected to exceed budget by $4.463 medical services. These expenditures are for medical bills, million before the application of salary adjustment funds drug testing services, etc. in the Police department. At budget to the departmental personal service lineitems, That is, time, the administration of these services was moved from the many of the projected overages are not in fact overages since Police department to the Human Resources department but the the money to cover these additional expenses was budgeted in funding for these services was omitted in error. This projection the salary adjustment account and not in the departments corrects the error. where the spending occurs. The personal service projections Capital outlay expenditures are projected to exceed budget by contained in the gap sheet reflect all contractually obligated $2.563 million. This expense is offset by the resource from the raises for the current year and beyond. The salary adjustment Reserve for Capital Expenditure noted above. account has been decreased to reflect the fact that the value of Miscellaneous Charges are projected to exceed the adopted the raises is contained in the personal service projections. The budget by $2.3 million. $1.3 million of this expense is for prior salary adjustment account contained $6,548,308 for years judgements and claims. This expense is offset by the contractually obligated raises in the current year. Subtracting unreserved fund balance reserve noted above. The other $1 the personal service overage of $4.463 million from this million is for BFSA expenses. number produces actual savings of $2.085 million from budget. The administration plans to close the $2.014 million gap The biggest area of concern is overtime in the Fire department. through strict attrition control and by carefully monitoring all Due largely to the elimination of duty disability fire fighters from spending. All non-essential spending has been frozen and the the service station, overtime in the Fire Department is projected budget office continues to look for other opportunities to save to exceed budget by $1.648 million. The first quarter projection money. In addition, a hiring freeze has been instituted whereby shows overtime expenditures at year-end of $3.599 million only jobs that either generate revenue, or where failure to fill the against a budget of $1.95 million. To address this situation the position will result in overtime expenditures, will be filled. City is considering assigning civilian personnel to the service I hope this gap sheet informs the Council on the current status station and moving Local 282 personnel from other of city finances. As always, I am available to meet with the assignments to the service station. Common Council to discuss the gap sheet in greater detail. In the long run, the City expects fire fighters assigned to the REFERRED TO THE COMMITTEE ON BUDGET AND THE service station on light duty to either return to full duty or go to COMPTROLLER disability retirement. The Mayor has contacted the State Comptroller's Office to request expedited processing of the NO. 40 disability retirement applications. These retirements are CERTIFICATE OF APPOINTMENT expected to save the City between $1 and $2 million annually. Appointment Effective November 15, 2003 in the Department Any savings from these retirements in the current year will be of Administration and Finance, Division of Parking used to offset the increase in overtime expenses. No savings Enforcement estimate from these retirements has been included in the gap To the position of Hearing Examiner, Temporary, Non sheet since the timing and ultimate outcome are difficult to Competitive predict. At the FLAT Starting Salary of $11 0/day The Department of Public Works, Parks and Streets is Randall J. Kay, 6 McKinley Circle, Buffalo 14220 projecting overages in several categories of personnel services REFERRED TO THE COMMITTEE ON CIVIL SERVICE due to garbage and trash collection. Seasonal salaries are projected $712,000 over budget, overtime is projecting NO. 41 $155,000 over budget and holiday pay is projecting $163,000 CERTIFICATE OF APPOINTMENT over budget. The budget office has been informed that much of Appointment Effective November 15, 2003 in the Department these overages are due to the fact that personal service of expenses for garbage collection have been charged to the City Administration and Finance, Division of Parking Enforcement General Fund and not to the Refuse and Recycling Enterprise to the Position of Junior Traffic Clerk, Temporary at the Fund. Once the journal entries are complete, reversing these Starting Salary of $26,499 charges, the General Fund projections should improve. For Jacquelyn S. Mott, 57 Chatham Avenue, Buffalo 14216 now, we have left the projections in the General Fund until we REFERRED TO THE COMMITTEE ON CIVIL SERVICE can establish definitively the value of the charge-backs. The seasonal projection is also up due to a longer season this year FROM THE COMMISSIONER OF HUMAN RESOURCES for street repair and bridge operations. In addition, 15 additional seasonal personnel have been added to compensate for the NO. 42 layoff of the 9 permanent bridge operating engineers that were REVISION OF RULES THE CLASSIFIED CIVIL SERVICE eliminated as part of the approved financial plan. OF THE CITY OF BUFFALO Another area of concern, is court time in the Police department. The Department of Human Resources/Division of Civil Court time is currently projected to exceed budget by Service Administration is in the process of revising the Rules approximately $41,000 after transfer of the salary for the Classified Civil Service of the City of Buffalo. adjustment provision for court time expenses. While this In accordance with NYS Civil Service Law, a public hearing number is not large, this is an area that requires constant must be held for any changes to Civil Service Rules We are monitoring and periodic meetings with the District Attorney to scheduling a preliminary review of the revised rules and ensure that all procedures are being adhered to. The Police strongly urge you to attend one of the sessions scheduled as department administration indicates that they are aware of the follows: problem and are taking the necessary steps to control these Thursday, November 13, 2003 from 10:00 am to 12 Noon expenditures. Friday, November 14, 2003 from 10:00 am to 12 Noon Unemployment compensation is projected to exceed budget by Wednesday, November 19, 2003 from 10:00 am to 12 Noon $99 1,000. This increase is due to the November layoffs Thursday, November 20, 2003 from 10:00 am to 12 Noon contained in the approved financial plan that were not contemplated in the adopted budget. The review will be held in the Department of Human Resources Mrs. LoTempio moved the approval of the appointments to the in Room 1007 Conference Room and will cover all of the position of Council Intern. proposed revisions. ADOPTED. Enclosed is a summary of changes to the current rules. Please review and if you have any questions or comments, we are CERTIFICATE OF APPOINTMENT requesting that you submit them in writing prior to or at one of Appointment Effective October 30, 2003 in the Department the sessions listed above. of Be advised that the actual public hearing is scheduled for Common Council to the Position of Intern VI, Seasonal, Non Wednesday, December 17, 2003. You will be notified, under Competitive at the flat starting salary of $10.00/hr separate cover, of the time and place. Tammy McCarthy, 265 Woodside Ave, Buffalo, NY 14220 If you have any questions, please feel free to call me at 851-4218. Your input and attendance will be much appreciated. CERTIFICATE OF APPOINTMENT Sincerely, Appointment Effective: November 18, 2003 in the REFERRED TO THE COMMITTEE ON CIVIL SERVICE Department of COMMON COUNCIL, to the Position of INTERN V, SEASONAL FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NON-COMPETITIVE at the flat Starting Salary of $8.00/HR Goree, Kelisa, 549 Glenwood Avenue, Buffalo, NY 14208 NO. 43 BMHA-MARINE DRIVE RFP FOR NEW MANAGEMENT CERTIFICATE OF APPOINTMENT Dear Ms. Rushton: Appointment Effective November 24, 2003 in the Department This office is in receipt of your letter dated November 10, 2003 of COMMON COUNCIL, to the Position of INTERN IV, regarding the above matter. Please be advised that Ms. Gerri SEASONAL Butler, spokeswoman for the Marine Drive Residents, was NON-COMPETITIVE at the FLAT Starting Salary of $6.00/HR present and attended the RFP Review Meetings held Friday, Morant, Jovon C., 340 Masten Ave, Buffalo, NY 14209 November 14, 2003 at our offices. REFERRED TO THE COMMITTEE ON COMMUNITY NO. 48 DEVELOPMENT NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting FROM THE CITY CLERK seasonal and flat salary appointments made in various departments. NO. 44 RECEIVED AND FILED. LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying CERTIFICATE OF APPOINTMENT for liquor licenses from the Erie County Alcohol Beverage Appointment Effective November 18, 2003 in the Department Control Board. of Address Business Name Owner's Public Works to the Position of Bridge Operating Engineer Name SEASONAL at the FLAT Starting Salary of $10.25 hr. 277 Amherst St 277 Amherst St Ronald Daniel H. Maloney, 51 Trowbridge, Buffalo, NY 14220 Sczepaniek David Ehrle, 237 Heath St. Buffalo, NY 14214 571, 573, 577 Ontario Thomas Hughies Thomas Mr. Daniel Griffin, 24 Robbins, Buffalo, NY 14220 Campbell John Leverett, 166 1/2 Potomac Ave., Buffalo, NY 14213 33 Gates Circle Great Circle Restaurant 33 William E. McKnight, 1736 Hertel Ave., Buffalo, NY 14216 Gates Circle 107 Delaware Great Circle Restaurant 107 CERTIFICATE OF APPOINTMENT Delaware Appointment Effective November 19, 2003 in the Department RECEIVED AND FILED of Public Works to the Position of Laborer II, SEASONAL at the NO. 45 FLAT Starting Salary of $10.25 hr. LEAVES OF ABSENCE WITHOUT PAY Ralph Patterson, 2512 Bailey Ave, Buffalo, NY 14215 transmit herewith notifications received by me, reporting the Irving Fowler, 208 Best St, Buffalo, NY 14209 granting of the leaves of absence without pay, in the various departments as listed: NO. 49 x Corporation Counsel- Darryl McPhearson APPOINTMENTS - TEMPORARY, PROVISIONAL OR RECEIVED AND FILED. PERMANENT I transmit herewith Appointments in the various departments NO. 46 made at the Minimum (Temporary, Provisional or Permanent) REPORTS OF ATTENDANCE and for Appointments at the Maximum (as per contract I transmit herewith communications received by me, from the requirements) . various boards, commissions, agencies and authorities REFERRED TO THE COMMITTEE ON CIVIL SERVICE. reporting the membership attendance at their respective CERTIFICATE OF APPOINTMENT meetings: Appointment Effective November 20, 2003 in the Department x Buffalo Sewer Authority of Public Works, Parks and Streets to the Position of Division RECEIVED AND FILED of Buildings to the position of Senior First Class Stationary Engineer, Temporary at the flat Starting Salary of $8.15 hr. NO. 47 Gerald E. Lewandowski, 173 Eden Street, Buffalo 14220 NOTICES OF APPOINTMENTS - COUNCIL INTERNS Thomas J. Pyjas, 29 Garvey Avenue, Buffalo 14220 I transmit herewith appointments to the position of Council Intern. CERTIFICATE OF APPOINTMENT Appointment Effective November 15, 2003 in the Department Memorandum of Public Works, Parks and Streets to the Position of Division To: of Buildings to the position of Senior First Class Stationary Board of Education, Charles Michaux, 111 (3 copies) Engineer, Temporary at the flat Starting Salary of $8.15 hr. From: Program Packaging and Development Services Tomothy D. Devany, 19 Mumford Street, Buffalo 14220 (PPDS) Provider Date: November 7, 2003 CERTIFICATE OF APPOINTMENT Regarding: Board Packet Documents Appointment Effective November 10, 2003 in the Department Attached are the following documents for the November 3, of 2003 Joint Schools Construction Board Meeting. Public Works, Division of Recreation to the Position of Draft Agenda Motor Equipment Mechanic, PERMANENT Meeting Minutes from JSCB Meeting dated October 1, 2003 APPOINTMENT Recommendation Letter for Contract Award for Roofing, At the Starting Salary of $28,999.00 Resilient Flooring and Carpet Norris David, 52 Euclid Place, Buffalo 14210 Application and Certificate for Payment No. 15 - October 2003 Louis P. Ciminelli Construction Companies Buffalo Schools CERTIFICATE OF APPOINTMENT Project Directory Appointment Effective November 15, 2003 in the Department 2003/2004 JSCB Meeting Schedule of Public Works, Parks & Streets, Division of Buildings to the Bevlar & Associates Inc. Construction Contract Monitoring and Position of Senior First Class Stationary Engineer, Temporary Compliance Services Appointment at the Flat Starting Salary of $10.25/hr Monthly Report for the Dr. Lydia T. Wright School of Daniel J. Schamann, 147 Marine Drive Apt.8C, Buffalo 14202 Excellence #89 - September 2003 Bevlar & Associates Inc. Construction Contract Monitoring and CERTIFICATE OF APPOINTMENT Compliance Services Appointment Effective: November 14, 2003 in the Monthly Report for the District Wide Technology Project - Department of Public Works, Parks & Streets, Division of Phase I and Phase 11 - Buildings to the Position of Senior First Class Stationary September 2003 Engineer, Temporary Appointment The next meeting of the JSCB is scheduledfor at the Flat Starting Salary of: $10.25/hr Monday, December 1, 2003 at 3:00 PM, Room 209 - City Hall John A. Loughran, 205 Marine Drive Apt.7A, Buffalo 14202 REFERRED TO THE COMMITTEE ON EDUCATION CERTIFICATE OF APPOINTMENT NO. 52 Appointment Effective: November 13, 2003 in the J. COLEMAN-DVR RECEIVER Department of Public Works, Parks & Streets, Division of Dear Mr. Michaux: Buildings to the Position of Senior First Class Stationary I am pleased to inform you that Adelphia will be offering Engineer, Temporary Appointment Digital Video Recorders ("DVR") in your community. Adelphia at the Flat Starting Salary of: $10.25/hr is particularly excited about this product, since we have John F. Schieber, 164 Dundee Street, Buffalo 14220 received numerous customer inquiries about the availability of DVR, indicating that this product will be widely accepted by our CERTIFICATE OF APPOINTMENT customers. Appointment Effective November 8, 2003 in the Department DVR, which is a component of our new digital receiver, will of Public Works, Parks & Streets, Division of Buildings to the enable our customers to pause live television shows and return Position of Senior First Class Stationary Engineer, Temporary to the programming at their leisure. DVR also allows customers Appointment at the Flat Starting Salary of $10.25/hr to rewind and replay a program while it is airing, so that they will Charles E. Buchanan, 128 A Altruria Street, Buffalo 14220 be able to see their own instant replays during programs such Patrick A. Lonergan, 24 Red Jacket Parkway, Buffalo 14220 as sporting events. Customers will be able to record their Michael McCool, 53 Oakhurst Avenue, Buffalo 14220 favorite television programs directly through the DVR John R. Womer, 4 Rebecca Park, Buffalo 14207 equipment, without the need for video tapes, by simply highlighting programs through the on-screen guide and NON-OFFICIAL COMMUNICATIONS, PETITIONS AND selecting the recording options. REMONSTRANCES To receive DVR, customers must have a DVR receiver and NON-OFFICIAL COMMUNICATIONS subscribe to the DVR service. The DVR receiver may be leased from Adelphia for $7.95 per month. Adelphia will provide NO. 50 DVR service for a separate monthly fee of $4.95 - 9.95. D. BONIFACIO-D. PICARD-MASSACHUSETTES AVE Enclosed is a copy of an FCC Form 1205 providing the detail PROJECT related to the $7.95 price for the DVR equipment. This charge Kindly file the attached correspondence from the will become effective sixty (60) days from the date of filing. We Massachusetts Avenue Project for the next regular Common will continue to charge the current equipment rate of $3.50 until Council meeting. the end of the sixty (60) day period. To the extent that you The Massachusetts Avenue Project is interested in speaking should have any questions about the calculations in the FCC before the Common Council during a Committee meeting to Form 1205, please contact Terry Sergi at (814) 274-6248. If discuss the issues presented within its letter. you should have any questions unrelated to the FCC Form If you have any questions or concerns, please do not hesitate 1205, please contact me. to contact me at 851-5125. Thank you for your cooperation. DVR continues Adelphia's commitment to offering our REFERRED TO THE COMMITTEE ON COMMUNITY customers the widest array of services, the latest technologies DEVELOPMENT and the best customer service possible. As always, should you have any questions about DVR or any other Adelphia service, NO. 51 please don't hesitate to contact me at (716) 558-8545. THE CIMINELLI CONSTRUCTION COMPANIES BOARD PACKET DOCUMENTS REFERRED TO THE COMMITTEE ON application prior to making any determination required by this TELECOMMUNICATIONS Article. D. Standards. The Planning Board will determine whether or NO. 53 not more than five (5) percent of the parcels within a one-half B. DAVIS- (1/2) mile radius of the proposed Facility are devoted to land ORDINANCE AMENDMENT uses regulated under this Article. The Planning Board must CHAPTER 51 I-ZONING, USE PERMIT REQUIREMENT issue, and forward to the applicant and the Commissioner of The Common Council of the City of Buffalo does hereby ordain Permit and Inspection Services, a written determination not as follows: later than ten (10) business days after receipt of the application That Article XXV11 and Section 511-136 of Chapter 511 of the from the Department of Permit and Inspection Services. Code of the City of Buffalo be amended to read as follows: (1) If the Plannim4 Board fails to timely issue a written ARTICLE XXVII determination or determines that fewer than five (5) percent of [Restricted Use Permit] the parcels within a one-half (/2 mile radius of the proposed Human Services Facility Permit Facility are devoted to land uses regulated under this Article, 511 - 1 3 ) 6 [Use] Permit required for Human Services then the Commissioner of Permit and Inspection Services shall Facilities. grant and issue the permit forthwith. [Entire Section as it now reads] (2) If the Planning Board determines that five (5) or more A. Legislative Findings and Intent. The Common Council percent of the parcels within a one-half (1/2) mile radius of the hereby finds that human services facilities provide valuable proposed Facility are devoted to land uses regulated under this services to our most vulnerable residents and employment Article, its determination must include written findings which, at opportunities to all residents that are crucial to the economic a minimum, shall specify a complete list of the parcels found to well-being of the City of Buffalo. The Common Council finds be devoted to land uses regulated under this Article, the that locating human services facilities throughout the City of particular use which brings each of those parcels within the Buffalo is in the best interests of those served and of the regulation of this Article, the total number of those regulated neighborhoods of Buffalo. The Common Council recognizes parcels within a one-half (/2) mile radius of the proposed that locating a human services facility in a neighborhood can be Facility, and the total number of all parcels within a one-half a source of concern and by this ordinance seeks to foster C/2) mile radius of the proposed Facility. The applicant will then communication and cooperation rather than confrontation be given ten (10) business days from receipt of this among and between local-facilities and local communities. In determination to submit evidence to the Planning Board that enacting this ordinance, the Common Council seeks to avoid a any or all of the enumerated parcels are not regulated human disproportionate distribution of human services facilities and to services Facilities or that the finding is otherwise not correct, establish clearly defined procedures that best meet that goal (3) The Planning Board will consider such evidence and issue and serve the best interests of Buffalo's vulnerable residents, a new written determination not later then ten (10) business neighborhoods and human services facilities. days from the date of submission. If the Planning Board fails to B. Regulated Uses. Effective July 1, 2003. any public or private timely issue a written determination or determines that fewer facility established to provide human services or assistance of than five (5) percent of the parcels within a one-half (1/2) mile a charitable, religious, cultural, civic or social nature, including radius of the proposed Facility are devoted to land uses but not limited to, food pantries, soup kitchens, substance regulated under this Article. then the Commissioner of Permit abuse community or residential treatment facilities, walk-in or and Inspection Services shall grant and issue the permit drop-in centers. counseling centers, detention centers, forthwith. If the Planning Board again determines that five (5) o temporary or short-term shelters, residential treatment facilities more percent of the parcels-within a one-half (1/2) mile radius established for penal or correctional purposes, or similar of the proposed Facility are devoted to land uses regulated facilities, but not including churches, motels, rooming houses under this Article, its new determination must include written or the administrative offices of a human services facility, shall findings which, at a minimum, shall specify a complete list of be permitted in any R or Q District, provided that such use is the parcels found to be devoted to land uses regulated under approved after application in accordance with the requirements this Article, the particular use which brings each of those of this Article and upon the issuance of a Human Services parcels within the regulation of this Article, the total number of Facility Permit. The permit requirements of this Article shall those regulated parcels within a one-half (/2 ) mile radius of the apply to regulated uses existing prior to the date of this Article proposed Facility, and the total number of all parcels within a which are enlarged or extended after the effective date of this one-half (1/2) mile radius of the proposed Facility. Article. (4) When the Planning Board makes a new determination that C. Application for Human Services Facility Permit. Applicants five (5) or more percent of the parcels within a one-half (1/2) proposing, to establish regulated uses as described in mile radius of the proposed Facility are devoted to land uses Subsection B of this Article, or any combination thereof, shall regulated under this Article, or in the event that the applicant file an application for a Human Services Facility Permit on falls to submit evidence within ten (10) days after the first forms to be supplied by the Department of Permit and determination that five (5) or more percent of the parcels within Inspection Services. Said forms shall be filled out by the a one-half (1/2) mile -radius of the proposed Facility are applicant and approved as to form by the Department. devoted to land uses regulated under this Article, then within Thereafter, the applicant shall file said form with the ten 0 0) days of the new determination or within twenty (20) Department, together with the filing fee provided in Chapter days of the first determination, the Planning Board shall publish 175, Fees, for an application for a Restricted Use Permit. The a Notice in a newspaper of general circulation in the City of Department shall forward such application to the Planning Buffalo or of circulation within the neighborhood within which Board, and a copy thereof to the Councilmember in whose the Facility is proposed to be located, setting forth the name of District the Facility is proposed to be located, not later than ten the applicant. the location and owner of the property, the use (10) days after the filing of the application. The District proposed and an invitation to the general public to submit Councilmember may require a meeting with the applicant, to be written comments to the Planning Board within ten (10) days of had within ten (10) days of the filing of the application, to the publication date. The Planning Board shall also timely discuss the application. Failure of the applicant to attend such solicit the written comments of the District Councilmember. a meeting shall be grounds for the Planning Board to deny the The Planning Board may conduct a public hearing but is not required to do so. If it chooses to conduct a public hearing, the Moreover: a copy of this letter has been sent to Buffalo Police Planning Board shall publish Notice of the hearing with the Department -C District. Notice of Application required by this subparagraph at least five Thank you for your time and consideration. (5) and not more than ten (10) days prior to the date of the REFERRED TO THE SPECIAL COMMITTEE ON POLICE hearing. REORGANIZATION ASD THE COMMISSIONER OF (5) Within twenty (20) days after publication of the Notice, and POLICE after Considering the number of similar regulated uses and the NO. 55 effect of the proposed use on the public health. Safety, B GRANT-N. HALTON-REQ TRAILBLAZING SIGN BISHOP aesthetics or general welfare, including, but not limited to the N. HALTON impact upon traffic patterns, municipal services and noise, and Dear Ms. Grant and Common Council Members; accessibility of the proposed facility to public transportation, We are writing this great Common Council as a request that and also after considering any written comments received our dad, Bishop Nathan S. Halton, be honored as a "Trail within that time from the general public and the District Blazer" for the area between Millicent and Edison to Councilmember, and any comments made at the Public Langfield and Edison. hearing, if a public hearing is held, the Planning Board shall As you are aware, Bishop Halton has made a significant authorize and direct the approval or denial of the issuance of contribution throughout these past 22 years, to the University the Human Services Facility Permit by the Commissioner of District, as well as to the City of Buffalo. To honor him in Permit and Inspection Services. In the event the Planning celebration of his upcoming birthday, we pray that you would Board authorizes and directs the denial of the issuance of the consider our request that the aforementioned area between Human Services which Breath of Life Educational Building and The Greater Facility Permit. it must issue specific written findings of fact Faith Bible Tabernacle Church exists, renamed "BISHOP be and reasons therefor. In the event the Planning Board NATHAN S. HALTON WAY". We are requesting that a "Back authorizes and directs the approval of the issuance of the to back" sign be placed at the comers of Millicent and Human Services Facility Permit, the Commissioner of Permit Langfield across Edison. J. Exemption. The requirements of this Article shall not apply to We appreciate your kind considerations in assisting us in hospitals. sanatoriums, or other institutions governed by honoring our father in such a notable way. If you are in need of Section 511-12. H. of this Chapter. The requirements of this any further information, you may contact me at 895-2261 or article shall not apply to those facilities whose site selection is 432-8589. comprehensively regulated by State or Federal law and when Sincerely, such regulation is intended to preempt local regulation of site REFEREED TO THE COMMITTEE ON LEGISLATION AND locations as contained in this Article. THE COMMISSIONE OF PUBLIC WORKS K. Appeals. All appeals of any determination by the Planning Board under this Article shall be made to the Board of Appeals NO. 56 pursuant to Article XXIV of this Code. Any determination of the BUFFALO FISCAL STABILITY AUTHONTY Board of Appeals concerning this Article is subject to judicial REQ. DIVERSITY FOR BFSA STAFF/CONSULTANTS review. Dear Ms. Rushton: L. Effective Date and Expiration. This Article shall take effect Yesterday I received your invitation to attend the MBEC on Jul 1, 2003 and shall expire on July 1, 2005. meeting to discuss Item 195, CCP July 22, 2003, "Request M. Severability. If any word, clause, sentence paragraph, Diversity for Buffalo Fiscal Stability Authority Staff and subsection, section or part of this Article now or through Consultants," adopted by the Common Council on October 28, supplementation, shall be adjudged by any Court of competent 2003. 1 regret that I will be unable to attend the meeting due to jurisdiction to be invalid, such judgment shall not affect, impair. a prior Buffalo Fiscal Stability Authority (BFSA) commitment. Or. invalidate the remainder there of, but shall be confined in its Regarding the issue raised by the resolution attached to your operation to the word, clause, sentence. paragraph, invitation, you should know that as a public benefit corporation, subsection, section or part thereof directly involved in the BFSA is subject to a different set of laws than the City of controversy in which such judgment shall have been rendered. Buffalo itself. In particular, the Authority is governed by Chapter NOTE: Matter in brackets to be deleted; matter underlined is 122 of the Laws of 2003, the Authority Act. All of our actions to new. date comply with that law. REFERRED TO THE COMMITTEE ON LEGISLATION, THE BFSA is strongly committed to the principles of diversity. A total CORPORATION COUNSEL AND THE CITY PLANNING of 60 percent of current staff are women and 40 percent are BOARD members of a minority group. In addition, notices of Authority meetings are routinely published in all local media, including NO. 54 The Challenger and the Buffalo Criterion. B DAVIS –S PALMER EVENT Thank you for forwarding the Council's resolution to me. You Please be advised that 1, Samuel Palmer, a resident of 583 can be assured that diversity will continue to be important for North Division Street would like to issue a complaint against the Buffalo Fiscal Stability Authority. one Michael Strobele a police officer in the city of Buffalo REFERRED TO THE MINORITY BUSINESS ENTERPRISE driving Patrol car # 239. At approx. 5:40 On Sunday morning COMMITTEE November 16,2003 coming in from work while walking up my drive way to enter my house. It was then that this officer who NO. 57 ordered me back to the my car. After learning that I did not M. MARTINO-TREE AND TREE ROOT CLAIMS have a driver licon my person he began to attack me verbally Tree and Tree Root Claims both cussing and swearing uncontrollably-When I stated that Name Amount DAL there was no reason to use this type of language he became Ivory Johnson 36,500.00 5-21-03 (tree outrage and proceeded to kick me in the knees. Action such as roots/claim this I feel is an embrassment to both the city of Buffalo, its pending) neighborhoods and its Police Departments I would like to 7/2/03 Committee Meeting respectfully request that you give this matter your attention. Rosalie Eckborg 15,189.50 6-10-03 (tree roots) Quincy Myles 510.00 11-5-00 Charles Collins 627.75 2-10-01 Kenneth Markovich 627.75 2-23-03 Joseph Cormier 1900.04 5-23-01 Ma~orie Towner 2800.00 5-18-00 Mary Feeley 594.00 5-30-01 State Farm a/s/o Raymond Delucci Thomas Kelleher 621.86 5-30-01 13,000 10-19-01 Matthew Shillea 3161.50 5-30-01 4/9/03 Committee Meeting 7-17-01 Committee Meeting NY Central a/s/o John Eberle 858.82 11-20-02 Rita Curtin 205.20 1-25-01 Joseph Reznik 576.01 2-5-03 State Farm a/s/o William Littler 549.19 12-12-00 1/29/03 Committee Meeting 6-5-01 Committee Meeting Karen Blake 663.25 10-5-02 Faith Baptist Church 285.00 12-12-00 Vincent Hornberger 500.00 3-10-02 Edward Haley 200.00 12-5-00 Catherine Lucas 1073.60 8-7-02 Dorothy Lokey 2993.79 12-12-00 Emanuel Mack 500.00 3-12-02 Thomas Shea 385.00 5-31-00 Donna Smith 400.94 10-3-02 Norman Szczublewski 250.00 12-12-00 Progressive a/s/o Leah Solberg6671.32 2-1-02 Waddelle Wilson 803.68 2000 Carol Sunberg 1245.45 7-1-02 Stephen Wojtulski 1186.38 12-12-00 Shannon Sundquist 1382.40 10-7-02 Cheryl Leftwich 1710.80 12-22-00 Samuel Whitaker 907.97 8-26-02 3-13-01 Committee Meeting Martha J. Williams 1375.32 8-9-02 Norman Harrington 219.95 9-17-00 10/9/02 Committee Meeting Sandra Leftwich 1070.11 9-9-00 Edward Cheatham 235.03 5-27-02 Catherine Mondrala 853.04 8-14-00 Lori Glickman 500.00 3-10-02 Norman Zerkowski 500.00 8-15-00 Edward Kabasto 397.98 9-1-02 Colleen Besseghini 3000.00 11-10-99 (personal William Kochersperger1815.70 9-1-02 injury) State Farm a/s/o William Littler 1303.31 2-1-02 12-19-00 Committee Meeting Nationwide a/s/o James Otrembay2322.50 2-1-02 Thomas Leatherwood 1456.49 8-2-00 NY Central a/s/o Joanna Pacillo12,376.59 2-1-02 Marysue Rogers 250.00 5-14-00 Anna Woloszyn 449.00 2-2002 9-26-00 Committee Meeting Rita Woodard 756.00 3-10-02 Mary Stachowski 411.30 8-20-01 7/17/02 Committee Meeting 6-6-00 Committee Meeting Ruth Albert 257.53 2-1-02 Allan Clarke 2650.00 1-4-00 Talaat Ali 1440.49 3-10-02 Lori Mortellaro 300.00 10-25-99 Carolyn Brazzle 2247.06 1-31-02 3-28-00 Committee Meeting Scott Cleveland 1945.00 2-1-02 Jenniea. Hale 898.35 10-14-99 Mary Ann Cramer 2180.00 3-9-02 L.C. Nelson 300.00 10-13-99 Rita Czachorowski 275.00 3-2002 John Toledo 152.44 11-99 Deborah Kowal 9675.00 8-30-00 (tree 2-15-00 Committee Meeting roots) Annette Gutowski 1220.00 10-13-99 Dorinda Larkins 2084.88 3-9-02 Miguel A. Perez 4000.00 10-11-99 Kent Lorence 438.20 2-1-02 Edward Torres 2943.42 8-20-99 Eleanor & Angelo Muscia 3500.00 2-1-02 Robert Zimmerman 900.00 8-31-99 Sean R. & Cherlyn Porter1970.68 2-1-02 12-8-99 Committee Meeting Sean Scarisbrick 1938.60 2-1-02 Jeanine Baran 1338.98 7-31-99 Raymond Smith 4193.83 3-9-02 Thomas Bauer 1350.00 7-24-99 Sarah Smith 3104.42 2-1-02 Alicia Burnett 625.32 9-18-99 Nick Sullivan 2594.17 2-1-02 Gail Huber 765.00 9-18-98 Andrew Turley 1325.00 3-9-02 NYC Mutual aJs/o Joseph Dragone1215.50 7-30-99 James Welch 2037.53 2-1-02 Louis C. Young 500.00 8-24-99 Joseph Whitfield 4540.61 3-9-02 10-13-99 Committee Meeting 4-24-02 Committee Meeting Richard McKay 210.01 7-17-99 Charles Bernoski 440.15 10-25-01 Thomas J. Sullivan 221.40 7-31-99 Kristie James 550.00 10-25-01 Brandy Matuszewski 241.43 7-7-99 Edward Lukaszek 807.68 3-10-02 7-21-99 Committee Meeting Thomas McDonald 2000.00 10-25-01 Tommaso Briatico 540.00 9/1998 Leroy Rawls 500.00 10-6-01 4-22-99 Committee Meeting Ronald & Veronica Slomba 498.06 10-24-01 James R. Bell, Jr. 1355.48 11-11 State Farm a/s/o George Tutuska10,478.55 10-25-01 Beutler & Randazzo 250.00 11-11-98 Lynn Waldorf 250.00 9-11-01 Roy Dunn 442.80 11-6-98 State Farm a/s/o Doreen Wampler 2675,60 10-19-01 Anthony Hinton 200.00 10-15-98 1-29-02 Committee Meeting Thomas Leatherwood 500.00 11-11-98 Cheryl Hogg 3775.00 5-23-01 Patrick Reedy 493.78 10-18-98 Ida Levy 500.00 9-10-01 Mozell Smith 577.80 1998 Peter I Pietrzyk 465.48 6-15-01 2-10-99 Committee Meeting St. Mary of Sorrows Church 615.98 12-12-00 No claims Harvey Serota 300.97 12-13-00 REFERRED TO THE COMMITTEE ON LEGISLATION Mary Stachowski 735.00 8-20-01 Edward Turkasz 154.44 8-3-01 NO. 58 10-23-01 Committee Meeting M. MOORE-NYSDEC-FACT SHEET-ALTIFT LANDFILL Christopher Cichowski 140.00 4-10-01 INTRODUCTION The New York State Department of Environmental Dudley Branch Library or, by appointment, Conservation (NYSDEC), in cooperation with the New York 2010 South Park Avenue NYSDEC's Buffalo Office State Department of Health (NYSDOH), are pleased to Buffalo, NY; 270 Michigan Avenue announce the start of remediation at the former Alltift Landfill Buffalo, N.Y. and the adjacent Ramco Steel hazardous waste sites. The two (716) 851-7220 sites, totaling about 39 acres, are located south of Tifft Street All site related documents have been placed in the repositories. and east of Skyway Auto Parts Inc. in the City of Buffalo, Erie If you have any questions or concerns, please feel free to County, New York (see figure). contact the individuals listed on the front of this Fact Sheet. BACKGROUND RECEIVED AND FILED The Alltift site is a former landfill that was previously used from 1930 to 1975 for the disposal of domestic and industrial NO. 59 wastes. Miscellaneous organic chemicals, chrome sludge, V. NATTANMAI-NYSDEC-FACT SHEET FOURTH STREET copper sulfate, nitrobenzene monochlorobenzene, and SITE naphthalene were disposed of in the landfill A smaller landfill, operated between 1975 and 1984, is situated on top a the older FOURTH STREET SITE chemical waste landfill and, contains automobile shredde PROJECT UPDATE wastes, demolition debris, fly-ash and sand wastes. The SITE NUMBER 9-15-167 Ramco Stee site is adjacent to the landfill and includes a pond November 2003 that was used to neutralize wastes from steel processing INTRODUCTION operations. In addition, fill an( sediments in the pond on the site The New York State Department of Environmental have been impacted. Conservation (NYSDEC) and the New York State Department ENVIRONMENTAL BACKGROUND of Health (NYSDOH) would like to update you on the status of Previous Studies, have documented contamination in soils, the Fourth Street hazardous waste site. The site is located groundwater, surface water (ponds), and sediments. A north of the Waterfront School in Buffalo (see map). A cleanup Consent Order to complete a, Remiedial plan was selected in August 2001. The remedy, as described Investigptior"Feasiblifity Study (RI/FS) at the Alltift Site was in the Record of Decision (ROD), includes the excavation and signed by Allied Signal in June 1 ~/191. A completed RI report off-site disposal of contaminated soil, collection and treatment was submitted in 1992 noting groundwater and ponds of contaminated groundwater encountered during excavation, immediately adjacent to the site have been impacted by the and long-term monitoring. landfill. Axia Inc. signed a Consent Order for an Rl/FS at the THE NEXT STEP Ramco Site in November 192. A completed Rl was submitted The next step in the remedial process is the design and in 1994 noting that groundwater and sediments in the south construction of the selected remedy. Funds from the recently pond had been impacted by historic steel processing re-authorized State Superfund program will be used to operations at the former Ramco Steel plant. Contaminants of complete the design. The design will involve the following two concern at both sites include metals, pesticides, PCBs, major tasks: chlorinated solvents and PAHs. A Record of Decision (ROD) 1 ) performing a pre-design investigation and, for the Alltift Site was signed on March 27, 1995 and includes 2) preparing design specifications for the different capping, waste consolidation, wetlands restoration, and components of the selected remedy. groundwater collection (if necessary). A ROD for the Ramco The pre-design investigation involves the installation of several Site was signed on March 21, 1996 and includes excavation of soil borings further define the vertical and horizontal extent of impacted sediments and soils from the south pond and soil excavation. The field work to install the soil borings at the consolidation of these materials beneath the cap at the Alltift site is scheduled to begin during November 2003 and will be Site. Remedial design to complete the work at both sites was completed in two weeks. All work will be done in accordance completed in April 2003. with an approved community health and safety plan. REMEDIATION ACTIVITIES The second task involves the preparation of design The remedial design was complete in April 2003. Final design specifications for soil excavation, health and safety during of the cap includes various barrier, drainage, venting, and construction, controlling odors and vapors during excavation, vegetated layers consistent with state regulations. Unique to off-site disposal of contaminated soil, and other construction the cap design are several variations in elevations allowing for a related activities. *The design is, expected to be completed by more natural and aesthetic appearance. Surface water will be the summer of 2004, with construction beginning during the managed is such a way as to allow for recharge of the adjacent winter of 2004-05. ponds and wetlands. Groundwater will be collected and treated BACKGROUND if necessary. Following remediation the Alltift site can be used The Manufactured Gas Plant formerly located at this site for activities that will not interrupt remedial measures and do made gas by heating coal to high temperatures. T6 gas not include the use of groundwater. To ensure proper future was provided to homes, businesses and industries for lighting, use of the site, institutional controls (deed restrictions) will be heating and cooking, much like natural gas is used today. required. Results from the investigation conducted at this site show that THE NEXT STEP soil and groundwater at the site are contaminated with a The responsible parties have selected a contractor and, mixture of contaminants derived from the coal gas making beginning this fall, the site will be cleared and construction will process. start. Remedial activities are expected to be completed in 2005. The owner of the property, Buffalo Urban Renewal Agency All remedial work will be done with NYSDEC oversight and will (BURA), began a Remedial Investigation and Feasibility Study follow an approved health and safety plan. (RI/FS) in 1998, under the NYSDEC's direction. During the RI, FOR MORE INFORMATION samples from surface soil, subsurface soil, and groundwater Public understanding and involvement are crucial to the were collected and tested. The investigation defined a large success of New York's hazardous waste remedial program. If subsurface area of tar-like contamination. This tar-like material you would like more information about this site, the NYSDEC contains contaminants associated with MGP operations and is has established acting as a source of contamination to the groundwater. document repository at: The contaminants found included volatile organic compounds and determined if it provides a pathway for off-site movement of such as benzene, toluene, xylene, and polycyclic aromatic contaminates. hydrocarbons (PAHs) which are by-products of the burning of Response: Historical maps showing the location of coal and oil. The NYSDOH has tested indoor air at the the former stream indicate that it was filled in during the late Waterfront School for site-related contaminants. The tests 1800's. As part of the investigation, several sampling locations found that the air in all the classrooms was within the range of and one groundwater well will be installed in the area where the expected background levels for these chemicals. stream was once located. The results from groundwater REMEDIAL GO monitoring wells, combined with stream location information, The remedial goals selected for this site are to eliminate to the should be sufficient to determine if the stream is effecting extent practicable: the source(s) of contamination at the site; groundwater flow through the area and indicate if it is providing the potential for the ingestion of contaminated groundwater; a pathway for off-site movement of contaminants. This off-site migration of contaminated groundwater; the potential for information will be included in the final report. direct human contact with the contaminated soils; and the Comment: Low levels of pesticides were detected in long-term threat of exposure to contamination to users of the soils during past sampling events. Why wasn't testing for School and/or nearby residential area. pesticides included as part of the groundwater sampling during SELECTED –REMEDY this investigation? Based upon the results of the Remedial Investigation and Response: The groundwater samples will be Feasibility Study, the NYSDEC selected a remedy to address analyzed for pesticides during the investigation. This will be in the soil and groundwater contamination found at the site. The addition to metals, and volatile and semi-volatile compounds, as main elements of the remedy include: excavation and off-site originally proposed. disposal of contaminated soils (complete source removal); Comment: Residents have noted that drums have treatment of contaminated groundwater collected during been buried in the fill material in an area north of the parking lot excavation; removal of all Manufactured Gas Plant (MGP) on Fleming Street. Concerns were also raised that unknown structures and piping; backfilling the excavated areas; multi-colored liquids had been seen in this general area prior to groundwater monitoring with periodic evaluations (The results the Park's construction. of this monitoring will form the basis for a decision about what, Response: To address residents concerns, the if any, active groundwater remediation will be undertaken.); and geophysical survey will be expanded to include the area where if removing all of the significant soil contamination is technically drums are suspected to have been buried. Several soil borings impracticable or if significant levels of site-related groundwater and a groundwater monitoring well will also be installed and contamination remain after completion of the remedy, the sampled in this area. NYSDEC will seek to have a deed restriction placed on the site. Comment: The Dulski Community Center was never The purpose of the restriction is to prevent the use of provided copies of the results of the surface soil sampling groundwater and to prevent intrusive activities that could result conducted by the City and the French Drain Construction in uncontrolled exposures to subsurface co6t~mination. Completion Report. FOR-MOREINFORMATION- Response: The City has provided the Surface Soil Your involvement is important to the cleanup of this site. You Sampling and French Drain Construction Completion Reports will be sent additional Fact Sheets and, when need64, invited to to the Dulski Community Center. meetings; however, if you would like more detailed information Comment: There have been several incidents of you are urged to visit the Document Repositories for this site. sewer back ups since the City installed the french drain system The Fourth-Street site's Document Repositories are located at: along Fleming Street and at the corner of Fleming & Lewis Reference Section NYSDEC's Region 9 Office Streets. The residents also said that the french drain Central Library or by appointment only, discharges a solid material into the sewer system which is Lafayette Square 270 Michigan Avenue causing the sewer back ups. Buffalo, NY 14202; (716) 851-7220 and ask for Mr. Response: Information from the Buffalo Sewer Walia Authority indicates sewer cleaning activities have taken place in Buffalo, NY 14203 the Franczyk Park area since the french drain was installed. If you have any, please feel free to contact the individuals listed Initial discussions suggest that the sewer back ups were not in on the front of this Fact Sheet. the area of the french drain but instead are part of routine RECEIVED AND FILED problems encountered in this area. The City will further investigate the back ups and deposits in the sewer since the NO. 60 installation of the french drain. D. SUTTON NYSDEC Comment: Include analysis of two (2) leachate FACT SHEET samples for metals & cyanide from the discharges to the INTRODUCTION sewer manholes from the french drain systems. A public meeting was held at the D.J. Dulski Community Response: The Buffalo Sewer Authority samples and Center on October 23, 2003 to discuss the environmental analyzes the french drain discharge water for arsenic, investigation to be performed at Franczyk Park. It is being cadmium, chromium, copper, lead, mercury, nickel, selenium, conducted by the City of Buffalo's Office of Strategic Planning, silver and zinc. This is done once a year as part of their routine in partnership with the New York State Department of discharge monitoring program. The results for the sample Environmental Conservation. A final report discussing the analysis for the past three years will be included in the results of the investigation is should be completed by late in the investigation's report and evaluated. spring, 2004. The work will be done under New York State's Comment: The City needs to address exposed subsurface soil 1996 Clean Water/Clean Air Bond Act "Brownfields" program. near the playground and, the corner of Fleming and Lewis A number of concerns were raised during the meeting. In streets. A site walkover should be done to identify any eroded response to these concerns a number of changes have been areas and any areas of exposed fill should be backfilled with made to in the investigation's work plan. The concerns and stone or other suitable material. changes include: Response: On October 25, 2003 City staff did a site Comment: It was reported that a former stream (Little walkover and found two areas where surface soil was eroded Buffalo Creek) ran through the park area. It should be located and another area where it appears previous fill had settled and created a low spot. A memo was sent to the Public Works On behalf of the Masten District Council Office and the Department, requesting their assistance to maintain proper residents of the Masten District, I am writing to 33,000 cover in those areas discussed. The Off ice of Strategic respectfully request your assistance in securing one hundred Planning will follow up to insure that proper cover is maintained. thousand ($100,000) dollars from the County of Erie to support WHO SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE removal efforts in and around the Erie County Medical Center FRANCZYK PARK SITE? (ECMC). Proiect related questions Env. related questions Health related Over the past few years, the City of Buffalo has worked questions aggressively to devise a Snow Removal Plan for the winter Dennis Sutton Gregory Sutton Cameron O'Connor season. This plan attempts to create a more proactive strategy Office of Strategic Planning NYSDEC NYS Dept. of Health for snow removal within the city limits, particularly in and 920 City Hall Buffalo, N.Y. 14203 Buffalo, N.Y. 14202 around ECMC and Sister's Hospital. Unfortunately, due in part 65 Niagara Square 851-7220 847-4385 to budget constraints, the City will be unable to implement this Buffalo, N.Y. 14202 plan without additional funds. Accordingly, I ask for your 851-5035 assistance in locating and securing resources from the County DOCUMENT REPOSITORIES of Erie to execute our plan and ensure that are stated goals are Public understanding and involvement are important to the reached. success of New York Brownfields program. To keep you I thank you in advance for your attentiveness to this important informed, the City of Buffalo and NYSDEC distributes fact matter. If you have any questions or require clarification on sheets, like this one. We also place site documents for your anything mentioned in this correspondence, please do not review at a local repository. The document repositories for this hesitate to contact me directly at (716) 851-5145. site investigation are established at: Sincerely yours, Buffalo & Erie Co. Central Library by appointment only REFERRED TO THE COMMITTEE ON STREETS D.J. Dulski Community Center SERVICES Science and Technology Area NYSDEC's Buffalo Office 129 Lewis Street NO. 63 Lafayette Square 270 Michigan Avenue Buffalo, A. THOMPSON-D. PICARO-VACANT LAND NY 14206-2212 MANAGEMENT Buffalo, NY 14203; or, Buffalo, NY 14203 September 29, 2003 (716)847-2860 An Open Letter to Mayor Anthony Masiello and City of Buffalo (716) 851-7220 Common Council Members: RECEIVED AND FILED Vacant Land Management remains a growing challenge for the City of Buffalo and a growing concern for City residents. As the NO. 61 City is revising its Comprehensive plan and looking at Vacant A. THOMPSON-D. SMITH-THE NORTH JEFFERSON Land management issues, we are writing to inform. you of the LIBRARY joint work of the Buffalo Coalition of Community Gardeners November 17, 2003 (BCCG) and the Vacant Land West Task Force (VLTF) of the Dear Legislator Smith: Side Community Collaborative (WSCC) and enlist your support In response to a correspondence that I received from Public in our efforts to work with City government to make Buffalo a Works Commissioner Joseph N. Giambra regarding funding safer, greener and more desirable place to live. The Buffalo for the North Jefferson Library, I am writing to again Coalition of Community Gardeners (BCCC) and the Vacant Lot respectfully request your assistance in securing two hundred Task Force (VLTFF) have been meeting jointly over the past and fifty thousand ($250, 000dollars from the County of Erie ) year to discuss common concerns regarding vacant land for the completion of the North Jefferson Library. throughout the City of Buffalo. The BCCG and the WSCC The North Jefferson Library, located on the comer of Jefferson represent nearly 200 constituents and organizations who are Avenue and East Utica Street, serves nearly fifty percent (50%) actively involved in community-based efforts to improve their of Buffalo's predominantly African-American East Side library community in a variety of ways including by community patrons, providing them with vitally needed educational and gardening. recreational materials, thereby improving literacy rates, Who We Are The Buffalo Coalition of Community increasing job training skills and access to computers, and Gardeners started in 200 by a small group of gardeners and decreasing the digital divide. organizations, including Grassroots Gardens of Buffalo, To date, we have secured three million ($3,000,000) dollars for Cornell Cooperative the Partnership for Urban Extension, the construction of the North Jefferson Library project. Resources and the Environment and the Massachusetts Moreover, the project has reached the bid stage, all design and Avenue Project. Since then it has grown to include Community pre-bid considerations has been addressed. An additional two gardeners from all neighborhoods of Buffalo, who meet hundred and fx7i~v thousand ($250, 000) dollars is needed to regularly to support each others work, educate the community finalize this project and to ensure that all contingencies are and advocate for change that supports community gardening covered Your involvement is essential to securing the funds initiatives. and consummating the construction of the North Jefferson The Vacant Lot Task Force is a project of the West Side Library. Community Collaborative, aimed at assessing the current I thank you in advance for your attentiveness to this most status of vacant land in the Collaborative's 55-biock target area important endeavor, and look forward to collaborating with you and looking at community-based solutions for the sustainable to complete this project. If you have any questions, please use of " great asset. contact me directly at (716) 851-5145. Our Accomplishments RECEIVED AND FILED To date the SCCG and VLTF has completed the following: Z. Establishment of a database of vacant lots in the Collaborative NO. 62 target area C Researched "best practices' for use of vacant lots A. THOMPSON-D. SMITH-SNOW REMOVAL IN THE CITY nationwide Completed a vacant land redevelopment manual for OF BUFFALO block clubs and residents Dear Legislator Smith: REFERRED TO THE COMMITTEE ON COMMUNITY each Debtor against which you are asserting a claim and the DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE amount and type of such claim. All proof of claim forms must be signed by the claimant or, if NO. 64 the claimant is not an individual, by an authorized agent of the UNITED STATES BANKRUPTCY COURT ADELPHIA claimant. It must be written in English and be denominated in COMM CORPORATION NPT OF DEADLINE FOR PROOFS United States currency. You should attach to your completed OF CLAIM proof of claim any documents on which the claim is based (if NOTICE OF DEADLINE FOR FILING OF PROOFS OF voluminous, attach a summary) or an explanation as to why the CLAIM ON OR BEFORE JANUARY 9,2004 AT 5:00 P.M. documents are not available. (EASTERN TIME) Any holder of a claim against more than one Debtor must file a TO ALL PERSONS AND ENTITIES WITH CLAIMS separate proof of claim with respect to each such Debtor and AGAINST ANY OF THE DEBTOR ENTITIES LISTED ON all holders of claims must identify on their proof of claim the EXHIBIT A ANNEXED HERETO: specific Debtor against which their claim is asserted and the The United States Bankruptcy Court for the Southern District case number of that Debtor's bankruptcy case. A list of the of New York (the "Court") has entered an Order (the "Order") names of the Debtors and their case numbers is attached to establishing JANUARY 9, 2004 at 5:00 p.m. (Eastern Time) this Notice. (the "Bar Date") as the last date for each person or entity 3. WHEN AND WHERE TO FILE (including individuals, partnerships, corporations, joint Except as provided for herein, all proofs of claim must be filed ventures, trusts and governmental units) to file a proof of claim so as to be received on or before JANUARY 9, 2004 at against any of the debtors and debtors in possession listed on 5:00 p.m. (Eastern Time) at the following address: Exhibit A annexed hereto (collectively, the "Debtors"). IF SENT BY MAIL The Bar Date and the procedures set forth below for filing Adelphia Communications Corp. proofs of claim apply to all claims against the Debtors which Claims Processing Center arose on or prior to the filing of the Chapter III petitions by P.O. Box 5059 Century Communications Corporation ("CCC") on June 10, Bowling Green Station 2002 (the "CCC Petition Date") and by the balance of the New York, NY 10274-5059 Debtors on June 25, 2002 (the "Petition Date"), except for IF DELIVERED BY HAND OR OVERNIGHT COURIER those holders of the claims listed in Section 4 below that are Adelphia Communications Corp. Claims Processing Center c/o specifically excluded from the Bar Date filing requirement. United States Bankruptcy Court Southern District of New York 1. WHO MUST FILE A PROOF OF CLAIM One Bowling Green New York, NY 10004-1408 You MUST file a proof of claim to vote on a Chapter I I plan Proofs of claim will be deemed filed only when received by the filed by the Debtors or to share in distributions from the Claims Processing Center on or before the Bar Date. Proofs of Debtors' bankruptcy estates if you have a claim against the claim may not be delivered by facsimile, telecopy or electronic Debtors which arose on or prior to the Petition Date (or, in the mail transmission. case of CCC, prior to the CCC Petition Date), and it is not one 4. WHO NEED NOT FILE A PROOF OF CLAIM of the types of claim described in Section 4 below. Claims You do not need to file a proof of claim on or prior to the Bar based on acts or omissions of the Debtors that occurred before Date if you are: the Petition Date (or, in the case of CCC, prior to the CCC any person or entity that has already properly filed, with the Petition Date) must be filed on or prior to the Bar Date, even if Clerk of the United States Bankruptcy Court for the Southern such claims are not now fixed, liquidated or certain or did not District of New York, a proof of claim against the correct mature or become fixed, liquidated or certain before the Petition Debtor(s) utilizing a claim form that substantially conforms to Date (or, in the case of CCC, prior to the CCC Petition Date). Official Form No. 10; Under section 10 1 (15) of the Bankruptcy Code and as used in any person or entity (i) whose claim is listed on the Schedules this Notice, the word "claim" means: (a) a right to payment, (as defined below), (ii) whose claim is not described as whether or not such right is reduced to judgment, liquidated, "disputed," 14contingent," or "unliquidated," (iii) who does not unliquidated, fixed, contingent, matured, unmatured, disputed, dispute the specific Debtor against which such person's or undisputed, legal, equitable, secured, or unsecured; or (b) a entity's claim is listed and (iv) who does not dispute the amount right to an equitable remedy for breach of performance if such or type (i.e., secured, priority unsecured or non-priority breach gives rise to a right to payment, whether or not such unsecured) of the claim for such person or entity as set forth in right to an equitable remedy is the Schedules; reduced to judgment, fixed, contingent, matured, unmatured, (iii) a holder of a claim previously allowed by order of the disputed, undisputed, secured or unsecured. Court entered on or before the Bar Date; 2. WHAT TO FILE (iv) a holder of a claim that has been paid by the The Debtors are enclosing a proof of claim for use in these Debtors; cases; if your claim is scheduled by the Debtors, the (v) a holder of a claim allowable under Sections 503(b) attachment to the form also sets forth the amount and type of and 507(a) of the Bankruptcy Code as an expense of your claim as scheduled by the Debtors, the specific Debtor administration, including, but not limited to, claims for against which the claim is scheduled and whether the claim is professional and expert compensation; scheduled as disputed, contingent or unliquidated. You may (vi) any of the following claimants who have claims receive a different proof of claim form for each claim scheduled against the Debtors: Adelphia Cablevision Associates of in your name by the Debtors. You may utilize the proof of claim Radnor, L.P., Adelphia Cablevision of West Palm Beach 11, form(s) provided by the Debtors to file your claim. Additional LLC, Adelphia Cablevision of West Palm Beach, LLC, Desert proof of claim forms maybe obtained Hot Springs Cablevision, Inc., Dorellenic Cable Partners, Doris atwww.uscourts.gov/bankform/formblOnew.pd If you disagree Holdings, LP, Eleni Acquisitions, Inc., Highland 2000, LLC, with any of the information set forth on the attachment to the Highland 2000, LP, Highland Carlsbad Cablevision, Inc., proof of claim, including, without limitation, the amount or type Highland Carlsbad Operating Subsidiary (f/k/a Daniels of the claim set forth therein, or as to a particular claim, that Cablevision, Inc.), Highland Communications, LLC, Highland such claim is scheduled as contingent, disputed or Holdings, Highland Holdings 11, Highland Holdings Puerto unliquidated, you are required to file a proof of claim identifying Rico, LLC, Highland Preferred Communications 2001, LLC, Highland Preferred Communications, LLC, Highland Prestige and charges (a "Subsidiary Note Claim") arising from any Georgia, Inc., Hilton Head Communications, L.P., Iliad bond, note or debenture issued by certain of the subsidiaries of Holdings, Inc., Kostas, LLC, NCAA Holdings, Inc., Patmos, Adelphia under any of the following indentures: (i) Olympus Inc., Prestige Communications, Inc., RFP Cable Holdings, Inc., Communications, L.P. ("Olympus") 10.625 % Senior Notes U.S. Tele-Media Investment Co., Wending Creek 3656, LLC, due 11/15/06; (11) Arahova Communications, Inc. ("Arahova") Bucktail Broadcasting Corporation, Henderson Community (a) Zero Coupon Senior Discount Notes due 3/15/03 Antenna Television, Inc., Highland Video Associates, L.P., (b) 9.500% Senior Notes due 3/01/05, (c) 8.875% Senior Ionian Communications, L.P., Montgomery Cablevision Notes due 1/15/07, (d) 8.750% Senior Notes due 10/01/07, (e) Associates, L.P. and Coudersport Television Cable Company 8.375% Senior Notes due 12/15/07, (t) Zero Coupon Senior (collectively, the "Rigas Managed Entities"); Discount Notes due 1/ 15/08, and (g) 8.375% Senior Notes (vii) any person or entity that holds an interest in any due 11/15/17; (iii) FrontierVision Holdings, L.P. Debtor, which interest is based exclusively upon the ownership ("FrontierVision") (a) 11.875% Senior Notes Series A due of common or preferred stock, membership interests, 9/15/07, and (b) 11.875% Senior Notes Series B due 9/15/07; partnership interests, other equity interests, or warrants or and (iv) FrontlerVision Operating Partners, L.P. ("FVOP") rights to purchase, sell or subscribe to such a security or 11.000% Senior Subordinated Notes due 10/ 15/06 (the interest (collectively, "Equity Holders"); provided, however, "Subsidiary Indentures" and the notes issued thereunder, the that Equity Holders who wish to assert claims (as opposed to "Subsidiary Notes"); provided, however, that (A) the ownership interests) against any of the Debtors including those foregoing exclusion in this subparagraph (x) shall not apply to that arise out of or relate to the ownership or purchase of an the indenture trustee under each of the applicable Subsidiary interest, including, but not limited to, claims arising out of or Indentures (the "Subsidiary Indenture Trustees"), and (B) any relating to the purchase, sale, issuance, or distribution of the former or current holder of a Subsidiary Note Claim wishing to interest, any damages claim under applicable securities law or assert a claim, other than a Subsidiary Note Claim, arising out any claim pursuant to Section 5 1 0(b) of the Bankruptcy Code, of or relating to the Subsidiary Indentures or Subsidiary Notes must file proofs of claim on or before the Bar Date, unless that arises out of or relates to the ownership or purchase of another exception identified herein applies; Subsidiary Notes, including, but not limited to, claims arising (viii) a holder of a claim which is limited out of or relating to the purchase, sale, issuance, or distribution exclusively to the repayment of principal, interest, and/or other of the Subsidiary Notes, any damages claim under applicable applicable fees and charges (all "ACC Note Claim") arising securities law or any claim pursuant to Section 5 1 0(b) of the from any bond, note or debenture issued by the Debtors under Bankruptcy Code, must file proofs of claim on or before the Bar any of the following indentures issued by Adelphia: (i) 9.250% Date unless another exception identified herein applies; or Senior Notes due 10/l/02; (11) 8.125% Senior Notes due X any subscribers or other customers of the Debtors with 7/15/03; (iii) 7.500% Senior Notes due 1/15/04; (iv) 9.500% claims (a) on PIK Notes due 2/15/04, (v) 10.500% Senior Notes due 7/15/04; account of customer deposits for services provided by the (vi) 9.875% Senior Debentures due 3/l/05; (vii) 10.250% Senior Debtors, or Notes due I I /1 /06 (viii) 9.875% Senior Notes due 3/l/07; (ix) (b) arising in the ordinary course of business. 8.375% Senior This Notice is being sent to many persons and entities Notes due 2/l/08; (x) 7.750% Senior Notes due 1/] 5/09; (xi) that have had some relationship with or have done 7.875% business with the Debtors but may not have an unpaid Senior Notes due 5/l/09; (xii) 9.375% Senior Notes due claim against the Debtors. The fact that you have 11/15/09 -, received this Notice does not necessarily mean that you (xiii) 10.875% Senior Notes due 10/l/10; (xiv) 10.250% Senior have a claim against the Debtors. Notes 5. EXECUTORY CONTRACTS AND UNEXPIRED due 6/15/11; (xv) 6.0% Convertible Subordinated Notes due LEASES 2/15/06; If you have a claim arising out of the rejection of an executory (xvi) 3.25% Convertible Subordinated Notes due 5/1/21 contract or unexpired lease that relates to damages that may (collectively, arise if such executory contract or lease were rejected, the "ACC Indentures" and the notes issued thereunder, the including any amount due and owing on the CCC Petition Date "ACC or the Petition Date, as applicable, by the applicable Debtor as Notes"); provided, however, that (A) the foregoing exclusion to which the order authorizing such rejection is dated more than in this thirty (30) days prior to the Bar Date, you must file a proof of subparagraph (ix) shall not apply to the indenture trustee under claim by the Bar Date. As to any person or entity that has a each of the applicable ACC Indentures (the "ACC Indenture claim arising from the rejection of an executory contract or Trustees"), and unexpired lease, including any amount due and owing on the (B) any former or current holder of an ACC Note Claim wishing CCC Petition Date or the Petition Date, as applicable, as to to which the order is dated less than thirty (30) days prior to the assert a claim, other than an ACC Note Claim, arising out of or Bar Date or after the Bar Date, you must file a proof of claim relating to the ACC Indentures or the ACC Notes that arises with respect to such claim by the later of. (a) the date provided out of or in any order authorizing the Debtor to reject such agreement or, relates to the ownership Or purchase of the ACC Notes, if no such date is provided, then thirty (30) days after the date including, but of service of any such order by the Debtors to the counter-party not limited to, claims arising out of or relating to the purchase, to the then rejected executory contract or lease. If an executory sale, contract or unexpired lease expires by its express terms, such issuance, or distribution of an ACC Note, any damages claim claims must be filed by the later of- (1) the Bar Date; and (ii) underapplicable securities law or any claim pursuant to Section thirty (30) days after such date of expiration. 510(b) of the Bankruptcy Code, must file proofs of claim on or Notwithstanding the foregoing, any holder of a claim for before the Bar Date unless another exception identified herein indemnification (including any person or entity authorized to file applies; a single or master proof of claim in the Order), whether such (Lix) a holder of a claim which is limited exclusively to the claim arises pursuant to a contract, agreement, the by- laws or repayment of principal, interest, and/or other applicable fees articles of incorporation of or otherwise involving any of the Debtors, or by statute, law or otherwise, must file a proof of the Bankruptcy Court, One Bowling Green, Room 511, New claim with respect to such indemnification claim on or before York, New York 10004-1408 or online at http://www.bslllc.com. the Bar Date or such holder shall be forever barred, estopped Copies of the Debtors' Schedules may also be obtained by and enjoined in the same manner as other claims set forth written request (at your cost) to the Debtors' Claims Agent at herein. the following address and telephone number: 6. CONSEQUENCES OF FAILURE TO Bankruptcy Services, LLC FILE A PROOF OF CLAIM BY THE BAR DATI 757 Third Avenue, Third Floor ANY HOLDER OF A CLAIM THAT IS NOT EXCEPTED New York, NY 100 17 FROM THE REQUIREMENTS OF THE ORDER, AS SET (646) 282-2500 FORTH IN SECTION 4 ABOVE, AND THAT FAILS TO A holder of a possible claim against the Debtors should TIMELY FILE A PROOF OF CLAIM IN THE APPROPRIATE consult an attorney regarding any matters not covered by FORM WILL BE FOREVER BARRED, ESTOPPED AND this Notice, such as whether the holder should file a proof ENJOINED FROM ASSERTING SUCH CLAIM AGAINST of claim. THE DEBTORS AND THEIR CHAPTER I I ESTATES, Dated: New York, New York FROM VOTING ON ANY PLAN OR PLANS OF November 7, 2003 REORGANIZATION FILED IN THESE CASES, AND FROM BY ORDER OF THE COURT PARTICIPATING IN ANY DISTRIBUTION IN THE WILLKIE FARR & GALLAGHER LLP DEBTORS'CASES ON ACCOUNT OF SUCH CLAIM. Attorneys for the Debtors and Debtors in Possession ANY HOLDER OF A CLAIM THAT FAILS TO FILE SUCH 787 Seventh Avenue CLAIM AGAINST THE CORRECT DEBTOR SHALL BE New York, New York 100 19 FOREVER BARRED, ESTOPPED AND ENJOINED FROM (212) 728-8000 ASSERTING SUCH CLAIM AGAINST ANY OF THE OTHER REFERRED TO THE COMMITTEE ON DEBTORS, AND THE DEBTORS AND THEIR TELECOMMUNICATIONS RESPECTIVE PROPERTY SHALL BE FOREVER DISCHARGED FROM ANY AND ALL INDEBTEDNESS OR PETITIONS LIABILITY WITH RESPECT TO SUCH CLAIM, AND SUCH NO. 65 HOLDER SHALL NOT BE PERMITTED ON ACCOUNT OF M. GOLDMAN, AGENT, USE 245 ALLEN-PUBLIC SUCH CLAIM TO VOTE ON ANY PLAN OR PLANS OF ASSEMBLY (RESTAURANT) (HRG. 12/2) REORGANIZATION OR PARTICIPATE IN ANY REFERRED TO THE COMMITTEE ON LEGISLATION, DISTRIBUTION IN THE DEBTORS' CHAPTER 11 CASES. DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING 7. THE DEBTORS' SCHEDULES AND ACCESS BOARD AND CORPORATION COUNSEL. THERETO You may be listed as the holder of a claim against one or more NO. 66 of the Debtors in the Debtors' Schedules of Assets and M. DAVIS, _OWNER, -USE 1429 JEFFERSON-G ROUND Liabilities and/or Schedules of Executory Contracts and SIGN_ Unexpired Leases, as amended (collectively, the "Schedules"). (PHONE #207-2483) To determine if and how you are listed on the Schedules, The attached is for Common Council Approval; but per please refer to the descriptions set forth on the enclosed proof Permits, no public hearing is required. of claim forms regarding the amount, type (i.e., secured, priority REFERRED TO THE COMMITTEE ON LEGISLATION, unsecured or non-priority unsecured) and nature (i.e., DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING contingent, disputed, or unliquidated) of your claim(s). If you BOARD AND CORPORATION COUNSEL. received postpetition payments from the Debtors (as authorized by the Court) on account of your claim, the enclosed proof of NO. 67 claim form will reflect the net amount of your claims. If the F. LAWVERE TO REQ STOP SIGN ON WINSPEAR AVE Debtors believe that you hold claims against more than one Dear Councilwoman Grant, 20 October 2003 Debtor, you will receive multiple proof of claim forms, each of Here are the paragraphs that you requested signed by the which will reflect the amount, type and nature of your claim interested against one Debtor, as listed in the Schedules. Northrup /Winspear inhabitants regarding the If you rely on either the Debtors' Schedules or the attachment need for stopsigns on Winspear Avenue at the entrance hereto, it is your responsibility to determine that the claim is to Northrup accurately listed. If you agree with the amount and type of your We know that a stop sign would improve the situation very claim as listed in either the Debtors' Schedules or the much, as you can see from the explanations in the enclosed. attachment hereto, and if you do not dispute that your claim is We thank you very much for all your help and hope that you only against the Debtor specified by the Debtors, and if your can convince the people in charge to help us. claim is Sincerely yours, not described as "disputed," "contingent," or "un liquidated," REFERRED TO THE COMMITTEE ON LEGISLATIVON you need not file a proof of claim. Otherwise, if you decide to AND THE COMMISS OF PUBLIC WORKS file a proof of claim, you must do so before the Bar Date in accordance with the procedures set forth in this Notice. NO. 68 Copies of the Debtors' Schedules are available for inspection at A. THOMPSON-E. FREEMAN & O REQ TRAILBLAZING bttp://www.adelphia.com/about/sofa faqs.c . Copies of the SIGNS JEFFERSON/E. UTICA DEACON R. SPEED Debtors' Schedules also are available on the Court's Internet Trail Blazer Request in Recognition of Deacon R. Speed Website at http://www.nysb.uscourts.go A login and password I am writing to respectfully request that you file some petitions to the Court's Public Access to Electronic Court Records from members of the Word of Life Community Church and city ("PACER') are required to access this information and can be residents concerning a trail blazer request in recognition of obtained through the PACER Service Center at Deacon R. Speed with the Council for discussion at the next http://www.pacer.psc.uscourts.go Copies of the Schedules meeting dated October 14, 2003 at 2pm. may also be examined between the hours of 8:30 A.M. and If you have any questions, please do not hesitate to contact me 5:00 P.M., Monday through Friday at the Office of the Clerk of at (716) 851-5145. REFERRED TO THE COMMITTEE ON LEGISLATION AND Payroll Audit Procedures (Compt.) THE COMMISSIC OF PUBLIC WORKS (CCP#12-Sept. 30, 03) That the above item be and the same hereby is received and NO. 69 filed. DR. M. SORRENTINO & O-PETITION FOR RELOCATION ADOPTED OF TAXICABS This letter is concerning the difficult parking situation that we No. 73 are experiencing in downtown Buffalo in the vicinity of the Paperwork Req.-Civil Service Comm.-Appts.-2 Police Brisbane Building. The parking problems that my patients are Chiefs (Compt) facing is greatly inconveniencing them and causing adverse (CCP#25-Oct. 28, 03) effects to my business. Many patients try to come to our office That the above item be and the same hereby is received and for their appointments and find they cannot find parking, filed. causing them to not show up for their appointments. This has ADOPTED caused a decrease in business and I fear many of these patients may feel the hassle of parking downtown is not worth No. 74 remaining a patient in my practice. Info.-Police Chiefs (Pol) Much of the off street parking has very limited short-term (CCP#37-Oct. 28, 03) parking because it is limited to monthly pass holders. The That the above item be and the same hereby is received and pricing structure ($3.50-$3.75/hour) for off-street short-term filed. parking has always been excessive and a deterrent for people ADOPTED who wish to patronize downtown businesses. The construction to the Adams St. Ramp has further decreased off-street Finance parking and many other parking lots have taken advantage of (Betty Jean Grant, Chairperson) this situation to raise rates. The changing of Washington St. from one-way to two-way has No. 75 resulted in the removal of 6-metered parking spots on Lease, Amend - 497 Southside - Firehouse Engine No. 25 Washington St. between Clinton and Eagle St., 6 metered (Item No. 22, C.C.P., Oct. 28, 2003) parking spots on the east side of Washington St. in front of the That the Executive Director of Strategic Planning be, and library, and another 6 spots on Broadway between Washington he hereby is authorized to amend the lease between the City of and Ellicott St. All total there have been 18 metered parking Buffalo and VYTNY Realty Funding, Inc. for a one (1) year spots removed in the area of the Brisbane Building, leaving 9 extension and an additional one (1) year renewal option metered parking spots for this area, where there were once 27. thereafter and that the owner be given a six (6) month notice if I have discussed this issue with Stuart Hunt, the owner of the the City of Buffalo intends to renew. That the Corporation Brisbane Building. He indicated that there was consideration Counsel be, and he hereby is authorized to amend the lease for putting parking meters on Court St. in front of the Brisbane upon the stated terms and conditions and that the Mayor be Building. I strongly support this and any other measures that authorized to execute the same. increase parking and accessibility to downtown Buffalo. The Passed. availability of on-street parking is crucial for a downtown AYES - 13 - NOES - 0 business to survive since people do not mind putting quarters in the meter as opposed to paying inflated rates at off-street No. 76 parking facilities. Approval for Initiating Request for Proposals Sincerely, (Item No. 30, C.C.P., Oct. 14, 2003) Mark F. Sorrentino, OD That the Director of Management Information Systems be, RECEIVED AND FILED and he hereby is authorized to issue a Request for Proposals to solicit sponsors for the City of Buffalo Web Page. Regular Committees Passed. AYES - 12- NOES - 0 Civil Service (Marc A. Coppola, Chairperson) No. 77 RFP for Web Site Sponsorships (Law) No. 70 (CCP#15-Nov. 12,03) Appointment That the above item be and the same hereby is received and flearing Examiner (Max) (A&F) filed. (Item No. 23-C.C.P. Nov. 12, 2003) ADOPTED That Communication 23, November 12, 2003 be received and filed and the temporary appointment of Katie Nichols No. 78 Harrod stated above at the maximum salary of $1 10/day B. Grant/M. Coppola-COB Employee(unsigned)-Direct effective on October 27, 2003 is hereby approved. Deposit of Payroll PASSED (CCP#70-Feb. 18, 03) AYES - 12- NOES - 0 That the above item be and the same hereby is received and filed. No. 71 ADOPTED Notices of Appts. -Temp. /Prov. /Perm. (C. Clk.) (CCP430-Nov. 12, 03) No. 79 That the above item be and the same hereby is received and B. Grant-L. Matarese-Direct Deposit of Pavroll Checks. filed. (CCP#55-June 10, 03) ADOPTED That the above item be and the same hereby is received and filed. No. 72 ADOPTED That the above item be, and the same hereby is received and No. 80 filed. P. Edinger, Bflo. Metro. Fed. Credit Union-Direct Deposit Adopted of Payroll (CCP#68-July 8, 03) NO. 88 That the above item be and the same hereby is received and PSC-Order Indep, Audit of Verizon Svs. Quality Efforts filed. (CCP#85-June 24, 03) ADOPTED That the above item be and the same hereby is received and filed. No. 81 ADOPTED Audit/Inventory of Equipment/Furniture-Common Council Offices (C. Clk.) NO. 89 (CCP#25-Nov. 12, 03) M. Rasp-Glose-Verizon-Pole Conditions in COB That the above item be and the same hereby is received and (CCP#94-July 22, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 90 Bus Shelters (5) Within City Right-of-Way No. 82 (Item No. 24, C.C.P., Sept. 16, 2003) Appt-Members-Elevator Safety Review Board (Mayor) That the Commissioner of Public Works, Parks and Streets be, (CCP#2-Nov. 12, 03) and he hereby is authorized to issue a "mere license" to Mr. That the above item be and the same hereby is received and Christopher J. Cronin, Traffic Data Administrator for the filed. Niagara Frontier Transportation Authority, to install five (5) bus ADOPTED shelters, which would encroach city right-of-way at said addresses, subject to the conditions as listed above. No. 83 Passed. Opposition to Consolidation of Public Libraries in Buffalo AYES - 12 - NOES - 0 (Item No. 146, C.C.P., Oct. 28, 2003) That the Common Council of the City of Buffalo opposes the NO. 91 consolidation of any of the 15 Buffalo libraries, which are part NFTA Bus Shelters-W. Delavan, E. Delavan, Bailey, Court of the Buffalo & Erie County Public Library system, without a St. & Niagara Sq-Varous full SEQRA to measure the impact such closings would have (Plan. Bd) on its communities; and (CCP#10-Oct. 14,03) Mr. Fontana moved that the item be recommitted to the That the above item be and the same hereby is received and Committee on Legislation filed. ADOPTED ADOPTED NO. 84 No. 92 Sidewalk Cafe - 2179 Niagara Street (Item No. 50, C.C.P., B. Grant-P. Greeley-Poor Water Pres. – July 22, 2003) Kensington/Clarence Area (#53, 6/10) That the above item be, and the same hereby is returned to the (CCP#142 – Sept. 16, 03) Common Council without recommendation. That the above item be and the same hereby is received and Mr. Fontana moved that the item be recommitted to the filed. Committee on Legislation ADOPTED ADOPTED NO. 93 NO. 85 B. Davis-S. Myree Sr.-City Owned Lots-32 Wohlers Ave. & Sidewalk Cafe - 2179 Niagara Street (City Plan.) 31 Roehrer (Item No. 9, C.C.P., Oct. 14, 2003) (CCP#58-Sept. 30, 03) That the above item be, and the same hereby is returned to the Mr. Fontana moved that the item be recommitted to the Common Council without recommendation. Committee on Legislation Mr. Fontana moved that the item be recommitted to the ADOPTED Committee on Legislation ADOPTED NO. 94 B, Davis-S. Myree Sr.-City Owned Lots-32 Wohlers Ave. & No. 86 31 Roehrer (Permits/Insp.) Restaurant Dancing Class IV - 391 Ellicott (CCP#43-Oct. 28, 03) (Item No. 46, C.C.P., July 8, 2003) Mr. Fontana moved that the item be recommitted to the That the above item be, and the same hereby is returned to the Committee on Legislation Common Council without recommendation. ADOPTED Mr. Fontana moved that the above item be recommitted to the Committee on Legislation NO. 95 ADOPTED B. Grant-M. Showers & O-Req. 2 Hour Remov. -400 B lock-Highgate Ave. NO. 87 (CCP#31 -June 24, 03) Bel Luko - Request Car Repair Shop - 3225 Bailey Avenue That the above item be and the same hereby is received and (Item No. 68, C.C.P., Oct. 28, 2003) filed. ADOPTED (ITEM NO. 19, C.C.P., OCT. 28, 2003) (ITEM NO. 75, C.C.P., NOV. 12, 2003) No. 96 That the above item be, and the same hereby is returned to B. Grant, M. Showers & O-Req. 2 Hour Signs Remov. 400 the Common Council without recommendation. Blk-Highgate Ave Mr. Thompson moved: (CCP#70-May 27, 03) That the Common Council does hereby approve a Payment in That the above item be and the same hereby is received and Lieu of Taxes (PILOT) agreement with Watergate 11, L.P. for filed. apartments located at 10 Hertel Avenue and does hereby ADOPTEDauthorize the Mayor to execute such agreement. PASSED COMMUNITY DEVELOPMENT AYES - 12 NOES - 0 (ANTOINE M. THOMPSON, CHAIRMAN) NO. 100 NO. 97 PERM.-RMBRSE. NYS DEPT. OF ENV. CONS. UNION SHIP CANAL REDEVELOPMENT AREA-URBAN -DIARS/KINGSLEY PKG SITE (#123. 1/25 RENEWAL PLAN AMENDMENTS (#57, 11/30) (HRG. 11/25) (CCP#70-NOV. 12, 03) (CCP# 9511/ 12/03) That the above item be and the same hereby is received and That the above item is returned without recommendation. filed. Antoine Thompson, Councilmember ADOPTED A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a NO. 101 Notice of same has been published the Buffalo News, a copy TRANSFER OF TITLE-UHP- 194 LOCUST (# 124, of which is attached hereto. 6/10)(9154, 4/15)(# 112,3/4)(# 104, 2/4) On motion by Mrs. LoTempio, seconded by Mrs. Martino (# 17, 1/2)(STRAT. PLAN,) the item is properly before the Common Council, and the (CCP#158-SEPT. 16, 03) hearing is opened. That the above item be and the same hereby is referred to CARRIED. the Fruitbelt Task Force Committee. Appearances-M. Martino, R. Fontana ADOPTED Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Fontana NO. 102 CARRIED TRANSFER OF TITLE-UIIP- 110 LOCUST (#115, 5`7) Union Ship Canal Redevelopment Area Urban Renewal Plan 'STRAT. PLAN. Amendment (CCP#159-SEPT. 16, 03) (Item No. 95, C.C.P., Nov. 12, 2003) That the above item be and the same hereby is referred to That the amendment to the "Union Ship Canal Redevelopment the Fruitbelt Task Force Committee. Area Urban Renewal Plan", as prepared by the Office of ADOPTED Strategic Planning, and as approved by the City Planning Board and the Buffalo Urban Renewal Agency, be and the NO. 103 same is hereby approved; and TRANSFER OF TITLE-UHP-101 LOCUST ST. (# 16, 5/27) That the Amendment as herein approved has been duly (STRAT. PLAN.) reviewed and conforms to the comprehensive plan for the (CCP#160-SEPT. 16, 03) development of the municipality and the community as a whole; That the above item be and the same hereby is referred to and the Fruitbelt Task Force Committee. That the Mayor is hereby authorized to execute any and all ADOPTED deeds or other documents necessary to acquire and convey lands in the Urban Renewal Area to the City of Buffalo or the NO. 104 Buffalo Urban Renewal Agency, upon the approval of said TRANSFER OF TITLE-UHP-303 MAPLE ST. (#125, 6/10) deeds or other documents by the Corporation Counsel; and (#6, 4/29) (STRAT. PLAN.) That the City of Buffalo and the Buffalo Urban Renewal Agency (CCP#161-SEPT. 16, 03) are hereby authorized to acquire by gift, grant, purchase, That the above item be and the same hereby is referred to devise, condemnation, eminent domain or otherwise the the Fruitbelt Task Force Committee. property located within the Project Area, as defined within said ADOPTED Plan, in furtherance of the Urban Renewal Plan. AYES - 12 NOES - 0 NO. 105 TRANSFER OF TITLE-UHP 113 MULBERRY (#126, NO. 98 6/10)(#156, 4/15)(#113, 3/4) (#18. 2/ 1 8~ UNION SHIP CANAL REDEVELOPMENT AREA URBAN (STRAT. PLAN.) RENEWAL PLAN AMENDMENT (STRAT. PLAN) (CCP#162-SEPT. 16, 03) (ITEM NO. 4, C.C.P., NOV. 12, 2003) That the above item be and the same hereby is referred to That the above item be, and the same hereby is returned to the Fruitbelt Task Force Committee. the Common Council without recommendation. ADOPTED Mr. Thompson moved: That the above mentioned item be and the same is hereby NO. 106 received and filed. TRANSFER OF TITLE - URBAN HOMESTEAD PROGRAM - ADOPTED 433 SWAN STREET (ITEM NO. 18, C.C.P., OCT. 28, 2003) NO. 99 That the above item be, and the same hereby is returned to WATERGATE 11 APARTMENTS the Common Council without recommendation. Mr. Thompson moved: A. THOMPSON-Q. LITTLETON- AWARDING OF CITY That the city-owned property commonly known as 433 Swan REHAB PROJECTS Street, is hereby designated as Homestead Property, and that (CCP#7 I -MAR. 4, 03) the Mayor be, and he hereby is authorized to execute a deed Mr. Fisher moved that the above item be recommitted to the transferring said property to Ms. Helen and Ms. Josephine Minority Business Enterprise Special Committee. Coppola, residing at 43 5 Swan Street, for the amount of One ADOPTED Dollar ($ 1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) NO. 113 months and maintained in a sanitary manner. A. THOMPSON-H. BROOKS-TIMBERMAN-REQ. PART. PASSED MIN. BUS.-REMOV. T REES AYES - 12 NOES - 0 (CCP#79-MAR. 4, 03) Mr. Fisher moved that the above item be recommitted to the NO. 107 Minority Business Enterprise Special Committee. TRANSFER OF TITLE - URBAN HOMESTEAD PROGRAM - ADOPTED 53 WALTER (ITEM NO. 7, C.C.P., SEPT. 30, 2003) RESOLUTIONS (ITEM NO. 73, C.C.P., NOV. 12, 2003) That the above item be, and the same hereby is returned to NO. 114 the Common Council without recommendation. BY: MR. BONIFACIO, MR. COPPOLA, MR. FISHER, MR. Mr. Thompson moved: FRANCZYK, AND MR. GOLOMBEK: That the city-owned property commonly known as 53 Walter LEGALITY OF RECALL PROVISION IN THE CITY Street, is hereby designated as Homestead Property, and that CHARTER the Mayor be, and he hereby is authorized to execute a deed Whereas: Section 23-13 of the City Charter sets forth a transferring said property to Mr. Michael Fafara and Mr. Randy procedure for recall of elected officials; and L. Page, residing at 182 Maurice, for the amount of One Dollar Whereas: There has been considerable public discussion, ($ 1.00) and no more, and all costs of transfer, on the condition both recently and in the past, about the recall of elected the property is cleared and improved within six (6) months and officials and the City's Charter provision on recall; and maintained in a sanitary manner. Whereas: Much of that public discussion has concerned PASSED whether the City's Charter provision is constitutional or AYES - 12 NOES - 0 otherwise legally valid under New York State law; and Whereas: The Common Council and the citizens of the City of SPECIAL COMMITTEES Buffalo need clarification on the legality of the City's Charter MINORITY BUSINESS ENTERPRISE COMMITTEE provision to ensure compliance with the law. (CHARLEY H. FISHER III, CHAIRMAN) Now Therefore Be It Resolved: That the Common Council does hereby request the NO. 108 Corporation Counsel to provide a legal opinion on the legality of FAIRNESS AMONG AFR. AMER, WKRS STREETS/SAN the recall provision, Section 23-13, in the City Charter and DEPT (#202, 216)(# 102- 4/03 provide guidance on any required steps to ensure that the (CCP# I 12-MAY 29, 03) City's Charter provision complies New York State law That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 115 BY: MR. COPPOLA NO. 109 APPOINTMENT TO LIVING WAGE COMMISSION C. FISHER-F, MCCOY-ARTICLE BUSINESS SURV SKILLS Whereas: Joseph Carriero has expressed interest in TO ASSIST FIRMS ON TIGHT BUDGET IN A volunteering his time to the Living Wage Commission; and RECESSION Whereas The appointment of Joseph Carriero to the Living (CCP #77-JAN. 22, 03) Wage Commission would be beneficial to the City of Buffalo; That the above item be and the same hereby is received and and filed. Whereas Mr. Carriero is a retired union leader with 40 years of ADOPTED labor experience and Whereas: Mr. Carriero's experience can be helpful in dealing NO. 110 with the diverse interests encountered by the Living Wage R. CHOPRA-COOPERATIVE MIN. BUS. ASSISTANCE (CP) Commission, and he would serve as a great asset to the Living (CCP# 18-MAR. 19, 03) Wage Commission. That the above item be and the same hereby is received and Now, Therefore, Be It Resolved filed. That this Common Council designates Joseph Carriero as ADOPTED appointee to the Living Wage Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE NO. 111 CORPORATION COUNSEL AND THE DIRECTOR OF A. THOMPSON-D. HILL-AWARDING OF CITY REHAB. COLLECTIONS PROJECTS II (CCP#70-MAR. 4, 03) NO. 116 Mr. Fisher moved that the above item be recommitted to the BY: MR. COPPOLA Minority Business Enterprise Special Committee. CREATION OF A CITY VALET PARKING ZONE ADOPTED Whereas: A City Valet Parking Zone should be created for the purpose of loading and unloading of passengers NO. 112 on restaurant properties located within the City of Buffalo; and Whereas: Valet Parking Zone designation should be done by a NOW, THEREFORE, BE IT RESOLVED, in anticipation of this permit process, with a permit to be issued every year, and transfer being approved by the City of Buffalo Urban Renewal Whereas: A valet station should be located within the Valet Agency at its meeting of December 11, 2003. Parking Zone; and 1) That the Chairman or Vice-Chairman is hereby directed to Whereas: The valet station should allow parking attendants to forward a copy of the Quitclaim Deed to the Common move cars from outside the restaurant onto public streets Council of the City of Buffalo for its action, pursuant to and areas for the purposes of parking vehicles to and from Section 507, subdivision 2(d) of the General Municipal other public or private areas; and Law. Whereas: The parameters of the Valet Parking Zone should 2) That upon approval of the above mentioned Agreement by be clearly marked and adequately protected as to not unduly the Common Council of the City of Buffalo, pursuant to interfere with general vehicle and pedestrian traffic, or create Section 507 subdivision 2(d) of the General. Municipal unnecessary traffic congestion and /or noise, and Law, the Chairman or Vice-Chairman or Secretary is Whereas. An applicant for the Valet Parking Zone will need to hereby authorized to execute said Agreement on behalf of detail the size, location, and hours of operation-, identify the the City of Buffalo Urban Renewal Agency, and the public parking facilities to be used by the valet service, and Secretary is directed to impress the Corporate Seal diagram a traffic flow pattern to and from the valet zone to thereon. parking spaces, and. PASSED Whereas: An applicant will also need to meet additional criteria AYES - 12 NOES - 0 as requested by the Department of Public Works, Parks, and Streets for review and approval. NO. 119 Now, Therefore, Be It Resolved BY: BRIAN C. DAVIS That this Common Council does hereby request the PERMISSION TO HANG CHRISTMAS DECORATION Commissioner of Public Works, Parks, and Streets and the WITHIN THE CHIPPEWA ENTERTAINMENT DISTRICT Director of Parking Enforcement to comment on the feasibility Whereas: The Chippewa Entertainment of creating City Valet Parking Zones for retail restaurant Organization continues to work regularly on improvements to establishments within the City of Buffalo. Chippewa Entertainment District area to include Chippewa REFERRED TO THE COMMITTEE ON LEGISLATION, THE Street, Delaware Avenue and Franklin Street; and COMMISSIONER OF PUBLIC WORKS, THE DIRECTOR Whereas: Representatives from the Chippewa OF PARKING ENFORCEMENT AND THE CORPORAT Entertainment Organization has requested COUNSEL permission to temporarily install Christmas decoration in three locations across Chippewa Street on several NO. 117 light poles on Delaware Avenue , Chippewa Street and BY: MR. COPPOLA Franklin Street from Nov. 24, 2003 through January 31, 2004 in SALARY ORDINANCE AMENDMENT celebration of the holiday season and 03 - EXECUTIVE DEPARTMENT Whereas: The decoration to be installed will be three 1513 - DEVELOPMENT New England pine wreathed cross Street decoration The Common Council of the City Of Buffalo does ordain as that will be forty feet in length and will feature one three foot follows: wreath lights, berries and custom bows; and That part of Section I of Chapter 35 of the Code of the City of Whereas: The addition to the three New England Buffalo, relating to 03 - Executive 1513 - Development which pine wreaths, the Chippewa Entertainment District would like to currently reads: hang 16 New England pine pole decoration on light poles on 1513 - DEVELOPMENT Chippewa Street, five decorations on Delaware Avenue, and 2 Rehabilitation Construction Analyst $ 43,803 - $ 51,125 two decoration on Franklin Street 1 Coordinator of Community Services $48,866 Now Therefore Be Resolved That: 2 Supervisor of Building Construction $ 41,763 - $ 48,218 This Common Council grants permission to the Chippewa Is hereby amended to read: Entertainment District to hang decoration in celebration of the 1513 - DEVELOPMENT Christmas Holiday on Chippewa Street, Franklin Street and I Supervisor of Building Construction $ 41,763 - $ 48,218 Delaware Avenue from November 24, 2003 through January TIMOTHY E WANAMAKER, EXECUTIVE DIRECTOR OF 31, 2004 providing that permission is granted from any building STRATEGIC PLANNING AND MICHAEL A. SEAMAN, owner in which the decorations will be attached to that ; and DIRECTOR OF BUDGET, hereby certify that the above Be it Finally Resolved: change is necessary for the proper conduct, administration and All decorations meet the requirements of all pertinent City performance of essential services of that department. We Departments and that no existing laws of ordinances are recommend that the compensation for said position be fixed at violated the respective amount set forth in the foregoing ordinance. PASSED TIMOTHY E WANAMAKER AYES - 12 NOES - 0 EXECUTIVE DIRECTOR OF STRATEGIC PLANNING NO. 120 APPROVED AS TO FORM BY: MR. DAVIS REFERRED TO THE COMMITTEE ON CIVIL SERVICE PERMISSION TO HANG CHRISTMAS DECORATIONS ON NIAGARA STREET NO. 118 WHEREAS: The Latino Business Owners Association BY: BRIAN DAVIS, ELLICOTT DISTRICT requests permission to hang Christmas Decorations on COUNCILMEMBER Niagara Street from Porter Avenue to Virginia Streets; TRANSFER OF 364 PEARL STREET NOW, THEREFORE BE IT RESOLVED: FROM BURA TO THE CITY OF BUFFALO That permission is granted to hang decorations on Niagara WHEREAS, 364 Pearl Street is currently in Title to the Street as long as it meets the requirements of Public Works Buffalo Urban Renewal Department from November 30, 2003 to January 30, 2004. PASSED AYES - 12 NOES - 0 hour. B. When a firebox is being cleaned out or a new fire being built No. 121 therein, dense smoke shall be permitted for one (1) period of By: Mr. Fontana not more than ten (10) minutes in any one (1) calendar day or Re: Ordinance Amendment for two (2) periods of not more than six (6) minutes in any one Chapter 66 - Air Pollution (1) calendar day. The Common Council of the City of Buffalo does hereby ordain C. After a locomotive fueled with coal is in service or ready for as follows: service, dense smoke shall be permitted for a period of one (1) That Chapter 66 of the Code of the City of Buffalo be amended minute at any one (1) time but for not more than ten (10) such to read as follows: one-minute periods in any consecutive period of sixty (60) ARTICLE 1, General Standards minutes. This provision shall § 66-1. Enforcement. apply to any locomotive in service or being prepared for service The head of the Division of Fuel Devices is hereby charged in transfer yards or a roundhouse or engaged in switching with the duty of investigating, preventing and abating air operations. pollution and the emission of dense smoke within the city and § 66-4. Dangerous emissions. enforcing the provisions of this Part 1. Subject to the direction The emission from any stack or premises within the city into of the Director of Fuel Chief Combustion Inspector , said the open air of such quantities of dust, soot, cinders, fly ash, duties may be performed by such other assistants and noxious acids, fumes or gases so as to cause injury or employees as may be assigned to such work. detriment to persons or to the public or to endanger the § 66-2. Definitions. comfort, health or safety of any person or the public or in such The following words, when used in this Part 1, shall have the manner as to cause injury or damage to business or property is following meanings: prohibited. The emission of injurious quantities of dust, soot, CHART -- The Ringelmann Chart, with instructions for use, as cinders, fly ash, noxious acids, fumes or gases from any stack now published by the United States Bureau of Mines. or premises is hereby declared to be a nuisance and may be DENSE SMOKE -- Smoke of a density equal to or in excess of abated in the manner provided by law. Number 3 of said chart. ARTICLE 11, Fuel- or Refuse-Burning Plants, Equipment and DUST AND CINDERS -- Gasborne particles larger than one Devices (1) micron in mean diameter. § 66-5. Plans and specifications and permit required; existing FUEL -- Combustible materials, solid, liquid or gaseous, used equipment and devices. primarily either to kindle or sustain fire or produce heat, A. Plans and specifications and permit required. including refuse to be consumed in refuse-burning equipment. (1) No new fuel- or refuse-burning plant, equipment or device FUEL- OR REFUSE-BURNING PLANT, EQUIPMENT OR shall be installed, erected or used, nor shall any existing fuel- or DEVICE -- Any furnace, incinerator, engine, boiler, vessel, refuse-burning plant, equipment or device be reconstructed, steam roller, derrick, pile driver, dredge, tar kettle, apparatus, added to or used, nor shall any stack or furnace connected with device, mechanism, stack or structure used in the process of such plant, equipment or device be installed, erected, burning fuel. reconstructed, added to or used within the city until plans and FUMES, GASES or NOXIOUS ACIDS -- Gases or vapors that specifications of the same shall have been filed in the office of are of such character as to create an uncleanly, destructive, the Department of Inspections and Licenses Permit and offensive or unhealthful condition or a nuisance. Inspection Services and approved by the Director of Fuel FURNACE VOLUME -- The volume of the chamber in which Devices Chief Combustion Inspector as being so designed combustion occurs, including the space occupied by the fuel that the same can be managed and operated to conform to the bed and all space up to the point where the products of provisions of this Part I and a permit shall have been issued for combustion first enter the flues or ducts through the heating such installation, erection, reconstruction or addition. surface. (2) The plans and specifications so filed shall show: PERSON -- An individual, a partnership, a corporation, a (a) The type of installation. receiver, an association, an executor, an administrator, a (b) The nature and extent of the work to be performed. trustee, a guardian or an agent. (c) The extent of the space to be heated. RECONSTRUCTION -- Any work which requires heating or (d) The kind of fuel or refuse to be used and the rate of power equipment to be dismantled, changes the design thereof burning, including all provisions made for securing complete or results in a rebuilding of a major portion thereof or in the combustion of the fuel or refuse and the manner in which it is construction of a new or different heating or power plant. to be burned, for the purpose of preventing and eliminating SOOT and FLY ASH -- Agglomerated particles consisting dense smoke or other air pollution. essentially of carbonaceous material. (e) The location and dimensions of the premises, room, STACK -- A chimney, open fire, smokestack, structure or basement or other portion of the building in which such plant, opening of any kind for purposes of discharging or which does equipment or device now is or may be located and also the discharge smoke, dust, soot, cinders, fly ash, noxious acids, doors, windows, airshafts, fans and other means of ventilation fumes or gases into the open air; and during the time a in such premises, room, basement or other portion of such locomotive is standing under a roundhouse smokestack, such building to be sufficient to prevent the temperature therein from "stack" shall be deemed a part of such locomotive. rising to a point higher than one hundred twenty degrees § 66-3. Dense smoke restricted. Fahrenheit (120' F.) and to be sufficient, also, to provide that The production or emission of dense smoke within the city is the atmosphere of any such room, basement or other portion of prohibited. The following exceptions to the provisions of this the building may be changed at least every ten (10) minutes. section shall be permitted: (f) The location and dimensions of all stacks used in A. In the event of upset fire conditions or breakdown of connection with or as a part of said fuel- or refuse-burning equipment which are unavoidable plant. and beyond the ordinary control of the person operating a fuel- (3) The Director Chief may require such additional data as he or refuse-burning device, dense smoke shall be permitted for may deem necessary for the purpose of issuing a permit. one (1) period of not more than five (5) minutes during any one (4) No plans and specifications shall be approved nor shall a (1) permit be issued for the installation, construction, erection or reconstruction of or addition to such fuel- or refuse-burning certificate of operation shall be effective for one (1) year from plant, equipment or device unless adequate and approved the date thereof provisions as shown thereon for securing complete combustion § 66-9. Certificate of extension. of the fuel or refuse to be used, for the purpose of preventing Upon due application and upon furnishing proof that plans and dense smoke or other air pollution. specifications have been prepared for the reconstruction or (5) After a permit has been issued, no fuel- or refuse-burning alteration of or addition to any premises or fuel- or refuse plant, equipment or device shall be operated or used with a burning plant, equipment or device to prevent or eliminate air type of fuel different from that specified nor in a manner pollution or the emission of dense smoke and that the different from the plans and specifications and the terms and necessary steps have been taken to provide for compliance conditions relating to its operation or use. with the provisions of this Part I but that the proper equipment (6) Nothing in this section contained shall be construed so as or device cannot be obtained immediately, a certificate of to prohibit the making of repairs to any stack, fuel- or extension may be granted for a period of not less than one (1) refuse-burning equipment or device. month and not more than six (6) months, and such period may (7) The duty to file plans and specifications and to obtain the be extended further for not less than one (1) month and not permit required herein is hereby placed upon the person or more than six (6) months at any one (1) time; provided, persons contracting to install, erect, reconstruct, add to or use however, that any extension beyond an initial extension of six said fuel-burning equipment or device. (6) months shall require the approval of the Common Council B. Fuel- or refuse-burning equipment or devices heretofore of the City of Buffalo. installed and for which no annual certificate of operation is § 66-10. Effect of permit or certificate on prosecution. required under the provisions of this Part I shall be subject to The issuance and delivery of a pen-nit for the construction, such inspection by the Director of Fuel Devices Chief reconstruction or alteration of or addition to any fuel- or Combustion Inspector as may be necessary to determine that refuse-buming plant, equipment or device or any stack the operation thereof is in compliance with the provisions of this connected thereto or the issuance and delivery of an original or Part I and any laws and ordinances applicable thereto. an annual certificate of operation shall not be a bar to § 66-6. Issuance of building permits; inspections. prosecution because of a violation of any of the provisions of The Director of New Construction Commissioner of Permit this Part 1. and Inspection Services shall not issue a permit for the § 66-11. Payment of fees. erection, construction, reconstruction or alteration of any A. Fees for the examination of plans and specifications for a building or structure which includes or requires a stack fuel- or refuse-burning plant, equipment or device, including the connected with a fuel – or refuse-burning plant, equipment or issuance of a permit therefor, and for the original and the device unless a permit has been issued as provided in § 66-5 Annual inspection of such plant, equipment or device, including hereof It shall be the duty of the Director of Fuel Devices the issuance of certificates of Chief Combustion Inspector , after such permit has been operation therefor, shall be as provided in Chapter 175, Fees. issued, to inspect the premises wherein said fuel- or B. All fees provided for herein, except building permit fees, refuse-burning plant, equipment or device is to be located to shall be collected by and paid to the Director of Licenses see that the execution of the work so authorized by said permit Commissioner of Permit and Inspection Services, who shall shall be done in conformity with the approved plans and issue all receipts, certificates and permits hereunder as specifications and the existing standards, rules and regulations authorized and approved by the Director of Fuel Chief applicable thereto. Combustion Inspector. § 66-7. Original certificate of operation. § 66-12. Fee exemptions. A. It shall be unlawful for any person to use any new or The provisions of § 66-11 of this Part 1, relating to the payment reconstructed fuel- or refuse burning plant, equipment or of fees, shall not apply to any public building or to any fuel- or device until he shall have first procured a certificate of refuse-burning plant, equipment or device owned and operated operation. No original certificate of operation shall be issued for by a governmental agency or any subdivision thereof such plant, equipment or device unless § 66-13. Report of sales. such plant, equipment or device is so constructed that it can A. It shall be the duty of a person engaged in the business of consistently be managed to do the work required with the type selling fuel- or refuse-burning equipment or devices which are of fuel and equipment to be used without emitting from the required to be connected to a vent or stack to report to the stack dense smoke, dust, soot, cinders, fly ash, noxious acids, Director of Fuel Devices Chief Combustion Inspector the fumes or gases. sale of every such equipment or device to be installed or used B. An application for such original certificate of operation shall anywhere within the city, and it shall be the duty of every be made in writing, under oath, by the owner of the premises or person purchasing any such equipment or device, at the time his agent on forms to be provided by the Director of Fuel of making such purchase, to give to the seller a statement, in Devices Chief Combustion Inspector and shall contain such writing, signed by such purchaser or his duly authorized agent, information as required by said examiner and shall be filed in setting forth the correct address of the building in which such his office. equipment or device is to be installed or used. C. The issuance of said original certificate of operation shall be B. The report of the vendor herein provided for shall be in deemed to eliminate the necessity and requirement to obtain writing, under oath, on forms provided by said Director Chief the annual certificate of operation provided for in § 66-8 of this and shall be delivered or mailed to the office of said Part I for the first year only from the date of the issuance of DirectorChief within thirty (30) said original certificate of operation. days after such sale and shall contain the name and address of § 66-8. Annual inspection; annual certificate of operation. the A. Every fuel or refuse-burning plant, equipment or device shall purchaser and the location of the building in which such be subject to annual inspection, and it shall be unlawful for any equipment or device is to be installed or used. person to use or operate any fuel- or refuse-burning plant, C. A false statement or report or failure to file a report as herein equipment or device without first obtaining therefor an annual provided in connection with the sale of any such equipment or certificate of operation. device shall be a violation of the provisions of this Part 1. The B. The first annual inspection shall commence one (1) year Comptroller of the city is hereby empowered to inspect the from the effective date of this Part 1, and each annual records of the vendor for the purpose of ascertaining the approved by the Director of Fuel Devices Chief Combustion accuracy of the reports herein required. Inspector. D. The provisions of this section shall not apply to: B. No person shall install, operate or use any stoker in (1) Fuel- or refuse-burning equipment or devices installed in connection with any fuel-burning plant, equipment or device buildings used exclusively for private residences containing unless the following listed stoker settings are maintained: fewer than three (3) dwelling units or flats. Required Stoker Settings (2) Wholesale transactions made for the purpose of resale. (cast-iron and steel boiler-stoker setting heights; minimum § 66-14. Exemptions. required A. The provisions of §§ 66-5 to 66-11, both inclusive, of this distance from lowest point of crown sheet to top of stoker Part I shall not apply to: retort) (1) Locomotives. For Stokers (2) Fuel-burning equipment or devices installed in buildings Feeding Not Over Distance used exclusively for private residences containing fewer than (pounds per hour) (inches) three (3) dwellings units or flats, except that no installation shall 30 20 be made without the issuance of a permit thereof, upon such 40 22 inspection thereof as may be required by the Director of Fuel 50 24 Devices Chief Combustion Inspector . Such installation shall 75 26 be exempt from annual inspection and the obtaining of an 100 28 annual certificate of operation. 150 30 (3) Fuel-burning equipment or devices installed to heat 200 32 buildings used exclusively for private residences containing 300 34 more than two (2) dwelling units or flats which do not contain a 400 36 central heating plant and the combined Btu input per hour of 500 39 which does not exceed two hundred fifty thousand (250,000), 750 461/2 except that no installation shall be made without the issuance 1,000 54 of a permit therefor, upon such inspection thereof as may be C. For cast-iron boilers, seven-eighths (7/8) of the minimum required by the Director of Fuel Devices Chief Combustion headroom specified may be used. Water grate tubes in boilers Inspector. Such installation shall be exempt from annual so equipped must be removed in making stoker installations. inspection and the obtaining of an annual certificate of § 66-19. Open fires. operation. However, all installations coming under the No person shall kindle or maintain or authorize to be kindled or provisions of this subsection which have combined Btu input maintained any open, unconfined fire on or in any street or per hour in excess of two hundred fifty thousand (250,000) public place or public grounds or upon any private premises in shall be subject to annual inspection. the city unless with written permission of the Bureau of Fire B. No permit or inspection fee shall be imposed for fuel-burning Prevention and the Director of Fuel Devices Chief equipment, either new or previously installed, where such fee Combustion Inspector . An "open, unconfined fire" is defined has been otherwise provided for and paid by virtue of the herein as any fire that is not contained or enclosed within or provisions of any other ordinance. controlled by a lawful fuel- or refuse-burning plant, equipment § 66-15. Private residences. or device. The burning of motor vehicle bodies, parts and Fuel-burning equipment or devices installed to heat buildings accessories and similar salvage and junk materials in open, used exclusively for private residences containing fewer than unconfined fires not enclosed by a proper and lawful fuel- or three (3) dwelling units or flats shall be equipped with efficient refuse-burning plant or device is hereby prohibited. smoke-eliminating apparatus, unless such equipment or device ARTICLE III, Penalties is fueled with anthracite coal, coke, oil, gas or other smokeless § 66-20. Penalties for offenses. fuel. Each unlawful emission of dense smoke, dust, soot, cinders, § 66-16. Boilers. fly ash, noxious acids, fumes or gases shall constitute a All boilers used in connection with steam shovels, locomotive separate violation. A person participating in any such violation, cranes or used for stationary work shall, when operated, use either as owner, proprietor, lessee, agent, tenant, manager, only anthracite coal, coke, oil, gas or other smokeless fuel. superintendent, captain, engineer, fireman or janitor or § 66-17. Smoke indicators. otherwise, shall be liable therefor and subject to the fines or The owner or operator of every fuel- or refuse-burning plant, penalties as provided in Chapter 1, General Provisions, Article equipment or device except those in which the only fuel is gas 111. or oil and except those in buildings used exclusively for private ARTICLE IV, Incinerators residences containing fewer than six (6) dwelling units or flats, § 66-21. Standards; exceptions. shall provide means whereby the fireman may be enabled to All incinerators installed within the City of Buffalo must conform know, without leaving the boiler or furnace room, whether or not to the standards of the National Board of Fire Underwriters, prohibited smoke is issuing from the stack. Such means of which are hereby made a part of this Part 1, except as may be observation shall be one (1) of the following: herein otherwise provided: A. A window or other opening through which an unobstructed A. Spark arrestors. All spark arrestors shall be not greater than view of the top of the stack may be had from the boiler or one-half-inch mesh, 12-gauge furnace room. stainless steel. B. A mirror, so placed as to reflect the top of the stack, visible B. Height of a spark arrestor shall be twice the cross-sectional from the boiler or furnace room. width or diameter of the Inside of the chimney or flue to which it C. A smoke indicator installed so as to accurately indicate the is connected. The arrestor shall be properly secured. type, volume and character of smoke being discharged. C. If deemed necessary due to slow burning or moisture-laden § 66-18. Stokers. refuse, a secondary fuel with proper burners or a scrubber or A. No spreader stoker shall be installed or used in connection settling chamber shall be installed before approval of the with any fuel-burning plant, equipment or device unless certificate of inspection. This shall apply to existing units. properly equipped with a fly-ash eliminator and steam or air jets D. When scrubbers are used, they shall be installed adjacent to the incinerator. E. The operating period shall be from 7:00 a.m. until 5:00 p.m. (2) Air blowers. Special permission may be granted upon written request and (3) Air blower screens. approval. (4) Emergency-stop shutoffs. F. The certificate of inspection shall state burning hours. (5) Cylinder liner parts. G. The Commissioner of Inspections and Licenses Permit (6) Handhole covers. and Inspection Services or his designated representative shall (7) Exhaust ports. have the power to seal any incinerator that, in his opinion, is (8) Mufflers and pipes. causing a nuisance or dangerous condition, has a defective (9) Reracked fuel injectors. spark arrestor or is operating during non permitted hours, (10) Retimed fuel injectors. pending a hearing for revocation of a certificate or pending (11) Replaced fuel injectors. court action. (12) Throttle delay cylinders. H. All incinerators, except in dwellings with fewer than four (4) (13) Valve clearance. families, shall require an annual certificate of inspection. This (14) Camshafts. shall include lodging houses as defined in Chapter 269, § (15) Tune engines. 269-1, of the City Code. (16) Engine overhaul I. Positive means of sufficient ventilation for combustion shall B. Prevent the engine from being so operated by notifying the come from outer air by louvers opening in the wall or ducts. owner, or any agent action in his behalf, to show cause before Balanced counterweights or motorized dampers may be him, on a day certain within thirty (30) days of such notice, why installed for idle periods. such engine should no be sealed. If, upon he hearing, the J. Barometric dampers shall be installed on all incinerators and Commissioner finds that said engine has been used contrary to be so designed as to maintain a low uniform draft in the the prohibitions of this Part 2, he shall order such engine to be combustion chamber. In place of a barometric damper sealed until adequate action, approved by said Commissioner, sequence draft, controllers may be used to maintain a uniform is taken to comply with this Part 2. Such action may be in low draft in the combustion addition to any administrative proceedings, fines and penalties chamber at all times; during operation, no manual damper shall provided in this Part 2. No seal so placed on any of the be allowed in any incinerator or incinerator flue. engines shall be removed without written permission from the § 66-22. Permit required. Commissioner. No new incinerator shall be installed without obtaining a C. Insist on an operator training session consisting of an pen-nit, nor shall existing ones be altered or changed in design explanation of the purpose of this Part 2 and proper operating without written permission and approval. procedures. § 66-23. Payment of certificate of inspection fees. D. Order the use of a different fuel or an acceptable fuels The fees to be charged for a certificate of inspection for additive if this will correct the problem. incinerators shall be as provided in Chapter 175, Fees. NOTE: Matter in bold to be deleted: matter underlined is new . § 66-24. Standards to be on file. REFERRED TO THE COMMITTEE ON LEGISLATION The standard of the National Board of Fire Underwriters for incinerators, Pamphlet No. 82, is hereby made a part of this NO. 122 Part 1, and the same shall be kept on file in the office of the By: Mr. Fontana Division of Fuel Devices. Part 2, Internal Combustion Engines [Derived from See. 134 of Re: Ordinance Amendment Ch. XXV of the Charter and Ordinances, 1974] Chapter 72 - Ambulances and Ambulance Drivers ARTICLE V, Control of Emissions The Common Council of the City of Buffalo does hereby ordain § 66-25. Excessive smoke prohibited. as follows: No person shall operate or cause to be operated any That Chapter 72 of the Code of the City of Buffalo be amended internal-combustion engine, while stationary or moving, which to read as follows: emits from any source any excessive or unusual smoke, as § 72-1. Definitions. further described in § 66-26 of this Part 2, or smoke which will As used in this chapter, the following terms shall have the reduce transmission of light by more than twenty percent meanings indicated: (20%). ADI -- Ambulance Dispatch and Inspection. § 66-26. Standards. AMBULANCE -- Any vehicle equipped for the care of and used The standard of smoke emission shall be as described in the in the transportation of wounded, sick, injured or infirm people. Automobile Manufacturers' Association Motor Vehicle Exhaust PERSON -- Any individual, firm, partnership, association, Smoke Guide. corporation, company or any organization of any kind. § 66-27. Exceptions. § 72-2. Exemptions. The prohibitions therein prescribed shall not apply to: A. A. Exemptions from the provisions of this chapter shall be: Condensing water vapor during cold weather operation of (1) Ambulances owned and/or exclusively controlled by any engine warm up. federal, state, county or other governmental agency. B. Dust clouds formed at the rear of a moving vehicle, as (2) Private vehicles used in the transportation of the readily distinguished from exhaust smoke y the color and convalescent from hospital to home or from home to outpatient consistency of the cloud. clinics. C. Visible emission of short duration, not to exceed five (5) (3) Private vehicles used in the transportation of the infirm or seconds in excess of those shown, that may occur during crippled to and from places for rehabilitory therapy. periods of acceleration, gear shifting and deceleration. (4) A physician, resident intern and registered nurse. § 66-28. Enforcement. B. A volunteer ambulance operating on a college or university When the Commissioner of Health of Erie County has campus for the sole purpose of providing service to the determined that any internal-combustion engine is being members of said academic community shall be exempt from: operated so as to cause a violation of § 66-25 of this Part 2, he (1) The license fee for drivers and attendants. may: (2) That provision of § 72-3 requiring two licensed ambulance A. Require repairs to be made to: attendants on the ambulance. (The ambulance may operate (1) Air cleaners. with one emergency medical technician, according to New York shall be the Director of the Erie County Health Department State Public Health Law, Article 30A.) Bureau of Emergency Medical Service or such other § 72-3. Ambulance license required. representative as the Erie County Commissioner of Health may On and after the first day of April 1960, no person shall engage designate. in the ambulance service business of transporting patients B. Qualifications. The members of the Board shall be persons from a location within the city to any other location without first possessing qualifications satisfactory to the Mayor. obtaining a license from the Director of Inspections, C. Powers and duties. The Board shall: Licenses and Permits Commissioner of Permit and (1) Meet on the first Thursday by each month or such other Inspection Services of the City of Buffalo. Such licensed time as may be designated by the Chairman of the Board. ambulance shall be operated consistent with the provisions of (a) A member of the Board who fails to attend three New York State Public Health Law Article 30, Sections 3005 consecutive monthly meetings, without being excused by the and 3005A, and New York Codes, Rules and Regulations, 10 Board Chairman or the Secretary of the Board prior to a NYCRR Part 800. The ambulance driver shall be qualified as scheduled meeting, may be dismissed by the Mayor. an emergency medical technician and shall be accompanied by (2) Advise, consult with and recommend to the Mayor and the an additional licensed Emergency Medical Technician as Common Council all matters concerning ambulance service, hereinafter provided. administration of this chapter and any amendments thereto § 72-4. Application for ambulance business license. which it may deem necessary and advisable. An application for an ambulance license shall be made by the (3) Advise and inform the public concerning any practices in person desiring the same to the Director of Inspections, connection with ambulance service which it may consider Licenses and Permits Commissioner of Permit and harmful to the persons in need thereof Inspection Services on forms provided. Such application shall (4) Examine and determine the fitness and qualifications of state the designated stations or hospitals or such other place or applicants for licenses, using as criteria therefor the places from which it is intended or desired to operate such information contained in the application and such other or ambulance on a twenty-four hour basis, together with a additional proof attached thereto, together with such proof or description of the ambulance and such other information as the evidence as the Board may acquire by its own study, Director of Inspections, Licenses and Permits examination or investigation, and thereafter, in its certification, Commissioner of Permit and Inspection Services and the recommend to the Director of Inspections, Licenses and Board of Emergency Medical Services shall find reasonably Permits Commissioner of Permit and Inspection Services necessary. Applicants must duly verify that each ambulance whether or not a license shall be issued to the applicant. has been inspected by the Commissioner of Health, certifying (5) Grant, upon written request accompanying the application that each ambulance meets the requirements of this chapter, of the applicant, a hearing on said application or, if the pertinent state laws, city ordinances and the applicable sanitary application is denied without a hearing being requested, grant a codes. hearing on said denial, provided that said hearing is demanded A. Each applicant for an ambulance business license shall in writing within 15 days submit a letter of approval from the Commissioner of Police after denial of the application by the Board. and shall submit a current original operating certificate from the (6) Hear and determine any and all matters relating to the New York State Department of Health. revocation or suspension of licenses and certify its findings to B. The licensed ambulance business shall assure that all the Director of Inspections, Licenses and Permits ambulances utilized in the ambulance business meet all Commissioner of Permit and Inspection Services. However, a applicable regulations and requirements of New York State and license may be temporarily suspended without a hearing for a the municipality. period not in excess of 10 days upon notice to the licensee § 72-5. Application for emergency medical technician's license. following a finding by the Board that the public health, safety or Applications for licenses for emergency medical technicians welfare is in imminent danger. shall be made upon forms to be provided by Director of (7) Adopt such rules and regulations as may be necessary to Inspections, Licenses and Permits Commissioner of Permit carry out the purposes of this chapter and for the conduct of its and duties, including but not limited to: Inspection Services and shall contain such information as (a) Establish zones of operation within the city boundary lines, Director of Inspections, Licenses and Permits using as criteria the responsiveness to emergency calls, the Commissioner of Permit and Inspection Services and Board of population and rescue call experience, and listing thereon the Emergency Medical Services shall deem reasonably order of priority of the service so that ADI can, when necessary, in addition to meeting the following requirements ambulance service is needed, dispatch in order of said priority, and qualifications: provided that the ambulance or ambulances are not otherwise A. Each applicant for a license as an emergency medical in service. technician shall submit a letter of approval from the (b) Extending, modifying, restricting or changing the boundary Commissioner of Police and shall submit a current certificate of lines of an assigned ambulance zone of operation as may from completion of an emergency medical technician course time to time be deemed necessary. approved by the Commissioner of Health. (c) Providing for the location and staffing of a central control B. Upon being satisfied that an emergency medical technician office so that all complaints for ambulance service can be meets the requirements of this chapter, the Commissioner of recorded and forthwith forwarded to the Board for its study, Health to whom the application shall be refer-red shall review and attention. recommend approval of such application. (d) Coordinating and establishing ambulance charges for § 72-6. Emergency Medical Services Board. patients transported from a location within the city to any other A. Appointment; membership. The Mayor shall appoint an location and requiring ambulance owners to submit, with the Emergency Medical Services Board to consist of at least six application for a license, the rates to be charged for said members and not more than 10 members, each of whom shall service in the city and the rates charged for said service when serve for a term of three years without compensation. The rendered outside the boundaries of the city. Mayor shall designate and appoint one of the members of said (e) Requiring the owner or operator of an ambulance Board as Chairman thereof, who shall be removable at the dispatched by ADI to forthwith report the results thereof. pleasure of the Mayor. One member of said Board (f) Requiring the owners of ambulance businesses to maintain Inspections, Licenses and Permits Commissioner of Permit all records as required by New York State and the Emergency and Inspection Services, City Hall, Buffalo, New York 14202. Medical Services Board. These records shall be made available § 72-11. Responsibilities of ambulance business owner. upon the request of the Emergency Medical Services Board The owner of an ambulance business to whom a license has within 24 hours of said request. been issued by the provisions hereof shall be under duty and (g) Evaluate on an ongoing, regular basis the quality and obligation to: effectiveness of services. A. Coordinate the ambulance radios or other communication § 72-7. Issuance, term and revocation or suspension of radios with the facilities provided by ADI and County of Erie ambulance business license. Medical Emergency Radio System (MERS). A. The Director of Inspections, Licenses and Permits B. Develop and implement an emergency response Commissioner of Permit and Inspection Services shall, upon management plan and file said plan annually with the the approval of the Board of Emergency Medical Services, Emergency Services Board. Any changes to the plan must be issue such filed with the Emergency Services Board. License upon the payment of the required fee. C. Give prior notice to ADI when and why an ambulance is out B. Each such license shall expire on December 31 of the year of service. for which it is issued. D. Inform ADI whether or not any ambulance enroute to or C. At any time after a license has been issued, the returning from a call can render service at the scene of the Commissioner of Health may make or cause to be made further accident or, in lieu thereof, request the dispatching of other inspections; and if any ambulance is found by him to be in ambulances thereto. violation of this chapter, the Commissioner of Health may E. Notify the Emergency Medical Services Board when a recommend to the Board of Emergency Medical Services that particular ambulance is replaced and, if replaced, provide the proceedings be instituted to revoke or suspend such license. Director of § 72-8. Issuance, term and revocation or suspension of Inspections, Licenses and Permits Commissioner of Permit emergency medical technician's license. and Inspection Services with all the required information to A. With the approval of the Board of Emergency Medical determine if said ambulance complies with the requirements of Services and the Commissioner of Police, the Director of this chapter. Inspections, Licenses and Permits Commissioner of Permit § 72-13. Equipment and supplies. and Inspection Services shall issue such emergency medical All ambulances on the streets in the City of Buffalo shall be technician's licenses upon payment of the required license equipped and maintained consistent with the requirements of fees. Part 800 of New York Codes, Rules and Regulations, Sections B. Each such license shall expire biennially on the last day of 800.21 through 800.26. § 72-14. Grounds for suspension or the emergency medical technician's birth month. revocation of license. C. After such license has been issued, if it is found that the A. The license of an ambulance business licensee may be licensee is violating any of the terms of this chapter, the suspended or revoked for any of the following causes: Commissioner of Health may recommend to the Board of (1) Failure to comply with the provisions of this chapter or the Emergency Medical Services that proceedings be instituted to rules and regulations of the Board of Emergency Medical revoke or suspend such license. Services. § 72-9. Payment of license fees. (2) Solicitation of business for attorneys or tow truck A. The fee for an ambulance license shall be as provided in companies. Chapter 175, Fees, payable biennially to the Director of (3) Removal and retention of property, money or other assets Inspections, Licenses and Permits Commissioner of Permit belonging to a patient. and Inspection Services in advance. Separate licenses shall be (4) Unbecoming conduct and abusive language in rendering required biennially for each ambulance operated, and they shall ambulance service. not be transferable, except that a license issued for any vehicle (5) Unprovoked assaults in the discharge of duties. belonging to the same licensee shall be transferred to another (6) On-duty use of alcohol and/or illegal or nonprescribed vehicle upon application therefor, drugs. duly verified and showing that the vehicle previously licensed is (7) Conviction of a crime involving moral turpitude. no longer to be used for the purpose herein contemplated. B. The license of an emergency medical technician may be B. The fee for an emergency medical technician's license shall suspended or revoked for any of the following causes: be as provided in Chapter 175, Fees, payable biennially to the (1) Failure to comply with the provisions of this chapter or the Director of Inspections, Licenses and Permits rules and regulations of the Board of Emergency Medical Commissioner of Permit and Inspection Services in advance. Services. § 72-10. Insurance. (2) Solicitation of business for attorneys or tow truck All persons who shall operate a licensed ambulance on the companies. streets of the City of Buffalo shall procure a public liability (3) Removal and retention of property, money or other assets policy, to be issued by an insurance company authorized to do belonging to a patient. business in the State of New York, to provide liability coverage (4) Unbecoming conduct and abusive language in rendering at levels determined from time to time by the Comptroller. Such ambulance service. policy, or a duly certified copy thereof, or an appropriate (5) Unprovoked assaults in the discharge of duties. certificate of insurance, approved as to form by the Corporation (6) On-duty use of alcohol and/or illegal or nonprescribed Counsel and as to sufficiency by the Comptroller, shall be drugs. delivered to the Director of Inspections, Licenses and (7) Conviction of a crime involving moral turpitude. Permits Commissioner of Permit and Inspection Services NOTE: Matter in bold to be deleted; matter underlined is new. before or at the time of issuance of a license. No ambulance REFERRED TO THE COMMITTEE ON LEGISLATION shall be operated within the City of Buffalo unless such public liability insurance policy continues in good standing. In the No. 123 event of any material alteration or cancellation of any policy, at By: Mr. Fontana least 10 days' notice thereof shall be given to the Director of Re: Ordinance Amendment Chapter 94 - Boilers and Engines; Engineers 175. Said fee shall be paid by the owners, respectively, of the The Common Council of the City of Buffalo does hereby ordain boilers inspected and shall as follows: be paid to the Director of Housing and Inspections That Chapter 94 of the Code of the City of Buffalo be amended Commissioner of Permit and Inspection Services prior to the to read as follows: delivery of the certificate provided for in § 94-3 of this chapter. § 94-1. Inspection of boilers. § 94-6. Restrictions on activities of Inspector. A. Jurisdiction. Inspection of boilers shall be done under the No Inspector shall take or receive any money on behalf of the jurisdiction of the Division of Fuel Devices. owner of a boiler as a deposit and/or payment of the inspection B. General provisions. Chapter 249, Inspections, shall regulate fee provided for herein; nor shall any Inspector authorize the all inspections made pursuant to this chapter. issuance of any certificate of inspection without having, at the § 94-2. Duties of Director of Fuel Devices Chief Combustion time stated, thoroughly examined and tested the boiler so Inspection . certified for. It shall be the duty of the Director of Inspections, Licenses § 94-7. Inspection equipment; inspection of city boilers; and Permits Chief Combustion Inspector o cause to be reports. inspected once in each year all boilers used for the generating The City of Buffalo shall provide such instruments, books, of steam power or for heating or steaming purposes and all papers and things as shall be necessary for the proper tanks subjected to steam pressure used in any business, performance of his duties as Inspector, which shall be the except such boilers and tanks as shall have been inspected property of such city and which shall be delivered by said and insured by some duly authorized insurance company within Inspector to his successor in office or to the Commissioner of six months of the time the Inspector shall offer to inspect the Inspections and License Permit and Inspection Services same, by making a careful examination of and subjecting the whenever he shall cease for any cause to discharge the duties same to the same inspection required under Industrial Code of his office. Said Inspector shall also, without expense or Rule Nos. 4 and 14, as established by the Board of Standards charge, inspect all boilers owned or used by the city or any of and Appeals of the Department of Labor of the State of New its departments whenever called upon by the proper officer. He York, with the exception that Section 5d of Industrial Code Rule shall also report to the Common Council every three (3) No. 4 shall be amended to cover four families instead of six month, or as once a month if required by said Council, all referred to therein. inspections of boilers by him made. In the even there is no one appointed to the position of § 94-8. Annual inspection required; exception. Director of Fuel Devices, the Chief Combustion Inspector It shall be the duty of every owner or other person using one (1) shall be authorized to perform the duties of the Director or more boilers or any tank or tanks subject to steam pressure of Fuel Devices. in this city to have the same inspected by the Inspector of § 94-3. Certificate of inspection; posting. Boilers as often as once in each and every year, and to that When a boiler has been inspected and approved by the end, every owner or person using a boiler or tank aforesaid Inspector, he shall authorize a certificate of inspection to be shall make or cause to be made annually an application, in issued by the Director of Housing and Inspections writing, to the Inspector requesting him to inspect the same; Commissioner of Permit and Inspection Services and delivered provided, however, that any person or owner using such tank or to the person for whom inspection was made, which certificate boiler, who shall have had the same inspected and insured by shall contain the date of inspection, together with a general some duly authorized description of the boiler, for what purpose used, the number of insurance company within six (6) months of the time the try cocks, steam and water gauges, pumps, the number of Inspector may offer to inspect the same, shall not be required pounds of pressure at which such boiler was tested and the to comply with this chapter. maximum pressure at which it may be safely used. Such § 94-9. Secondhand boilers. certificate shall be posted under glass in a conspicuous place Every dealer in secondhand boilers shall notify the Inspector in the engine or boiler room in which the boiler specified therein when a boiler has been sold to be used in the city and before it is situated; and it shall not be removed therefrom until the boiler has been delivered. Every such secondhand boiler, before its or its appendages become defective or a new certificate is removal from the possession of the dealer and before it has issued and then only by the Boiler Inspector. been painted, shall be subjected to a hydrostatic test and § 94-4. Examination of repairs. thereafter stamped with the day and date when such test was It shall be the duty of said Inspector, on written application of made. A fee as provided in Chapter 175, Fees, shall be the owner or agent of any boiler, generator or superheater, charged and collected of the dealer by the Director of stating that the same is out of repair or has been repaired, to Housing and Inspections Commissioner of Permit and examine the same when so repaired and determine if the same Inspection Services for each inspection made by the Inspector has been properly done. hereunder. § 94-5. Inspection fees. § 94-10. Safety valves. The Director of Housing and Inspections Commissioner of It shall be the duty of every owner or other person using boilers Permit and Inspection Services upon authorization of the in the City of Buffalo to provide and fix thereto a full Inspector, shall charge and collect a fee as provided in Chapter complement of try cocks, one (1) water gauge, one (1) steam 175, Fees, for inspecting each boiler which exceeds twenty-five gauge and one (1) or more safety valves of suitable (25) horsepower, except that in an establishment where more dimensions, to be approved by said Inspector, and also a good than one (1) such boiler is used, a fee as provided in Chapter and sufficient force pump or other means of supplying the 175 for each boiler in excess of one (1) shall be charged and boiler with water, which shall also be subject to the approval of collected. The Director of Housing and Inspections said Inspector. Commissioner of Permit and Inspection Services shall charge § 94-11. Inspection facilities. and collect a fee as provided in Chapter 175 for the inspection All owners or persons using boilers and tanks subject to of each boiler not exceeding twenty-five (25) horsepower and a inspection as aforesaid shall provide, at their own expense, fee as provided in Chapter 175 for each and every additional such arrangement and facilities for attaching the instruments boiler in any one (1) establishment. The fee for the inspection for inspection as the Inspector shall direct. of a miniature boiler shall be the sum as provided in Chapter § 94-12. Boiler insurance notification. Every insurance company insuring boilers in the City of Buffalo Devices with reference to the examination of applicants shall notify the Boiler Inspector immediately when any for a license as a stationary engineer or refrigeration insurance has lapsed on boilers insured by said company and operator for any of the grades thereof provided for in § 94 when new insurance has been placed on any boiler. 23 of this chapter. § 94-13. Maximum pressure. § 94 16.1. Examinations; Commissioner’s designees. The safety valves of boilers shall not be allowed to extend In addition to the Director of Fuel Devices and the Chief beyond the maximum pressure allowed by said Inspector. Examiner of Stationary Engineers, the Commissioner of § 94-14. Reports. Inspections and Community Revitalization may designate It shall be the duty of the Inspector, on or before the fifth day of persons to examine applicants for stationary engineer's each and every month, to file with the City Comptroller a or refrigeration operator's licenses. Such designee of the statement, under oath, showing the names of the owners of Commissioner of Inspections and Community boilers, alphabetically arranged, whose boilers have been Revitalization shall be a citizen of the Unite States and inspected by him during the previous month, the locations of shall have a chief engineer's license and, in addition, said boilers, the dates of inspection and the amount of money shall have not less than six (6) years' practical experience authorized by him to be received by the Director of Housing as a stationary engineer. and Inspections Commissioner of Permit and § 94-17. Licensing of stationary engineers and refrigeration Inspection Services and from whom the same was due for operators required; exceptions. inspections during such previous month. A. Every person within the limits of the City of Buffalo in charge § 94-15. Composition of Division of Fuel Devices. of or operating any power developing unit or units as defined in The head of the Division of Fuel Devices shall be the Director this chapter and not specifically excepted herein must hereafter of Fuel Devices Chief Combustion Inspector . There shall be be licensed. The Director Chief shall, within a reasonable time a Chief Examiner of Stationary, Engineers, who shall be a after the filing of a citizen of the United States, holding a chief engineer's Written application, notify the applicant to appear at a time and license and in addition thereto shall have not less than place designated for examination. If such applicant shall, after six (6) years' practical experience as a stationary a written and practical examination, give satisfactory proof of engineer . his § 94-16. Duties of Director Chief Combustion Inspector and qualifications as a stationary engineer or refrigeration operator, Chief Examiner. he shall receive from the Director Chief proper qualifying A. It shall be the duty of the Director Chief to make such rules permit authorizing the Director of Housing and Inspections and regulations as shall be necessary to carry properly into Commissioner of Permit and Inspection Services to issue a effect the provisions of this chapter and to instruct and direct license to such applicant as provided by this chapter and the Chief Examiner in the proper performance of the authorized by such permit. duties of that office. . The Director Chief shall keep B. The provisions of this chapter are not applicable to accurate records and files of the transactions of his office, engineers of duly incorporated steam railroads while engaged including applications, examination papers, qualifying permits in running or operating the locomotive engines of said railroads issued and required data concerning persons duly and/or qualified by his office and shall render annually, before the first any diesel or gas electric-driven car used on said railroads or to day of January, a report on the same to the Mayor. It shall be persons employed by other public service corporations subject his duty to give to the jurisdiction of the Public Service Commission of the proper notice of the time when and the place where he will State of New York while engaged in operating or running any examine all persons who shall appear before him for electric-power-generating units in connection with the rendition examination as to their of public service or to engineers duly licensed by the authorities qualifications to operate and have charge of power-developing of the United States while engaged in operating or running units in this city; and he shall issue a qualifying permit to steam boilers, steam engines or power applicants, authorizing the Director of Housing and developing units under the jurisdiction of the United States or to Inspections operators or operation of passenger or freight elevators or Commissioner of Permit and Inspection Services to issue a escalators permanently installed, except temporary elevators license to such applicants in the Manner and form as provided used exclusively for hoisting building materials during by this chapter and authorized by such permit. construction or alteration, or to gas or diesel engines or B. It shall be the duty of the Chief Examiner to inspect operators thereof while such engines are being used for test, periodically all power plants, excepting only repair or emergency purposes or to heat exchangers used in electric-power-generating units in plants owned or operated by process industries in which steam is generated during whole public utilities subject to the jurisdiction of the or part of the process cycle or to transit concrete mixers, Public Service Commission of the State of New York, with a welding units, overhead traveling cranes, gantry cranes, shop view to ascertaining if the same are properly constructed and or plant trucks, shop or plant hoists, cupola blowers or any operated and whether or not they are insured by some duly motor vehicles licensed subject to the provisions of the New incorporated insurance company having authority to insure York State Vehicle and Traffic Law such plants and also with a view to ascertaining if such plants or to operators or the operation of any boilers being used to are properly in charge of duly licensed furnish temporary heat for any buildings under construction engineers or refrigeration operators. until the permanent heating system has been completed and C. The Director and the Chief Examiner Chief Combustion final tests made and said heating system and said boilers are Inspector shall be appointed by the Commissioner of Police as accepted by the owner of the buildings and a certificate of special patrolmen to aid them in the performance of any duty or acceptance is issued to the heating contractor. right of inspection under this chapter. § 94-18. Citizenship required for issuance of license. D. In the absence of the Director of Fuel Devices, the No person shall be granted a license unless he is citizen or Chief Examiner of Stationary Engineers shall perform all shall have declared his intention to become a citizen of the the duties imposed by the provisions of this chapter on United States. the Director of Fuel § 94-19. Revocation of license or permit. A license or permit issued under the provisions of this chapter hall, building used for the sale of articles of general shall be subject to suspension or revocation for cause by the merchandise, hotel, motel, apartment house, lodging house, Director of Housing and Inspections Commissioner of factory, restaurant, tavern or other drinking place, public Permit and Inspection Services, after a hearing, upon notice to laundry, office building and other building to which the public the licensee or permittee. Mental or physical incompetency or resort and public hall, including any place regularly used by the negligence in the performance of his duties as an engineer or public for meetings or assembly for the purposes of refrigeration operator or intoxication while on duty or failure to amusement, instruction or religious worship. renew properly such license or a violation of any provisions of § 94-2 1. License renewal; scope of authority of engineer or this chapter or other pertinent laws or ordinances shall be operator. sufficient cause for revocation or suspension of the license or All licenses must be renewed biennially, and no licensed permit. engineer or refrigeration operator shall maintain or operate § 94-20. Definitions. more than one (1) power plant as a whole. Nothing herein As used in this chapter, the following terms shall have the contained shall be construed to limit the operation of more than meanings indicated: one (1) power-developing unit by a properly rated engineer or BOILER -- A closed vessel in which water is heated, steam is refrigeration operator where the same are operated or generated, steam is superheated or any combination thereof, maintained independently of each other in the same building or under pressure or vacuum, for use externally to itself by the buildings constituting a power plant as a whole. The required application of heat from combustible fuels, electricity, nuclear rating of the engineer shall be determined by the total energy or any other source. The term "boiler" shall include the horsepower of the power-developing units, except refrigeration apparatus used by which heat is generated and all controls and power-developing units, other than steam driven, maintained or devices related to such apparatus or to the closed vessel. The operated by him. term "boiler" also shall include fired units for heating or § 94-22. License fees. vaporizing liquids other than water where these units are A. A fee as provided in Chapter 175, Fees, shall be collected separate from processing systems and are complete within by the Director of Housing and Inspections Commissioner themselves. of Permit and Inspection Services for issuing an original PLANT or POWER PLANT -- Any power-developing unit or license, expiring two (2) years from date of issuance, units and their connected auxiliary equipment located on the authorized by a qualifying pen-nit of the same general property site of the same owner and constituting Director Chief. A holder of a license under this chapter who a power plant as a whole. later qualifies for an additional license hereunder shall not be POWER-DEVELOPING UNIT: required to again pay such an original fee. Persons licensed as A. A boiler, or battery of boilers, of any horsepower where the stationary engineers or refrigeration operators at the time of the safety valve or valves are set to operate in excess of fifteen (15) effective date of this chapter shall be exempt from payment of pounds per square inch. the original license fee, except those failing to properly renew B. Any stationary steam engine of thirty (30) or more the license or who have hereafter suffered a revocation of the horsepower, singly or combined. license. C. Any internal-combustion engine of over five hundred (500) B. Biennial renewal fees for licenses shall be as provided in horsepower. Chapter 175, Fees. Such fees shall be collected for each D. Any steam- or internal-combustion-engine crane of the biennial renewal thereof by the Director of Housing and locomotive type of thirty (30) or Inspections Commissioner of Permit and Inspection Services more horsepower, except an internal-combustion-engine crane authorized by a qualifying pen-nit of used within the confines of the Director- Chief and the surrender of the previous year's industrial premises or in the course of regular industrial engineer's or refrigeration operator's license. The Director operation. shall report to the Common Council every three (3) E. Any stationary steam turbine of one hundred (100) or more months the number and kind of qualifying permits issued horsepower, singly or combined. by him. F. A device, apparatus or machine used singly or combined to C. Whenever any person is qualified to receive a license as an operate ammonia or carbon dioxide refrigerating units over sixty engineer under this chapter and is employed by the City of (60) horsepower or over one hundred (100) horsepower using Buffalo on a part-time basis for a period not in excess of ninety freon or similar refrigerant. (90) days, the payment of fees for the issuance or renewal of G. A boiler, or battery of boilers, of thirty (30) or more such license shall be waived. Such license shall be in full force horsepower, singly or combined, where the safety valves are and effect only during the period said person is employed by set to operate at a pressure of fifteen (15) pounds per square the City of Buffalo; and upon termination of said employment, inch or less, when used in public buildings or industrial said person shall forthwith surrender processes not otherwise exempted in this chapter or when to the Director of Housing and Inspections Commissioner of used in any building where the return or circulating pump or Permit and Inspection Services said license if issued without pumps, singly or combined, connected to such boiler or battery the payment of the fee therefor. of boilers are more than five (5) horsepower. D. There shall be an examination fee as provided in Chapter POWER PLANT AS A WHOLE -- Limited to not more than 175, Fees, which each applicant must pay in order to take an three (3) buildings, containing integrated and connected examination for a license to be issued under the provisions of power-developing units. Such buildings may be separated by this chapter. roadways or passageways and located within a reasonable § 94-23. Classification and qualifications of engineers and distance of one another and must be easily and readily operators. accessible to one another. Firebreaks having approved fire A. All persons licensed under the provisions of this chapter as doors for easy and ready access from one power-developing engineers or refrigeration operators shall be classified and unit to another within the confines of the enclosing walls of a graded according to the horsepower and pressure of a power building shall not constitute separate buildings. developing unit or units, or any combination of such, PUBLIC BUILDING -- Any building or part thereof used as a constituting a power plant of which they shall be found theater, auditorium, dance hall, skating rink, assembly hall, competent, by due written and practical examination, to take school, church, hospital, waiting room, exposition and exhibition charge of or operate, namely, chief engineers, first class age and who has had at least one (1) year's experience in the engineers, second class engineers, special engineers, chief repair, maintenance or operation of refrigeration equipment plus refrigeration operators, first class refrigeration operators and two (2) years of approved mechanical and/or electrical second class refrigeration operators. experience or who has graduated from a recognized technical (1) Chief engineers shall be engineers who are found school and has had one (1) year's satisfactory experience on competent to take charge of or operate a power plant of any refrigeration power developing units. horsepower and pressure. Every applicant for a license as a B. Any person holding an engineer's license under the chief engineer must pass a written and practical examination as provisions of this chapter may also hold any grade of to his qualifications and prove to the examiner that he had three refrigeration operator's license for which he can qualify by (3) years' actual experience as a duly licensed first class written and practical examination as to his qualifications and engineer. experience on refrigeration power-developing (2) Every applicant for a license as a first class engineer must units. pass a written and practical examination as to his qualifications C. Any person not heretofore required to be licensed and who and prove to the Director Chief that he has been duly licensed at the time that this chapter shall become effective has been as a second class engineer for the period of one (1) year employed in the operation of or in charge of a power-developing immediately preceding. Persons duly licensed as first class unit or units within the scope of this chapter shall, upon engineers shall have authority to take charge of and operate application, be granted an engineer's or refrigeration operator's any power plant or power-developing unit or units not exceeding license for a similar type of power-developing unit or units of one hundred fifty (150) horsepower and not exceeding two similar brake or rated horsepower to that upon which he is hundred twenty-five (225) horsepower of refrigeration employed at the time this chapter takes effect. power-developing units, other than steam driven. D. In order for any such person not now duly licensed and not (3) Every applicant for a license as a second class engineer excluded by the provisions of this chapter to be granted such a must be at least twenty one (21) years of age, have had at least license, it will be necessary for him to prove, to the satisfaction one (1) year's experience in the operation of boilers and/or of the Director Chief by documentary evidence in affidavit power plant equipment and, in addition, must have had at least form, that he has had satisfactory actual experience in the two (2) years of approved mechanical and/or electrical operation of or in charge of a similar type of power-developing experience, or such applicant must have graduated from a unit or recognized technical school and have had at least one (1) units of a similar brake or rated horsepower to the unit or units year's satisfactory experience. Persons duly licensed as in the operation of or in charge of which he has been employed. second class engineers shall have the authority to take charge E. Such licenses shall only be granted during a period of ninety of and operate any power-developing unit or units not (90) days following the effective date of this chapter; except, exceeding one hundred (100) horsepower and not exceeding however, that such licenses granted during such ninety-day one hundred fifty (150) horsepower of refrigeration period may be renewed power-developing units, other than steam driven. by the holders thereof from year to year in the same manner as (4) A special engineer's qualifying permit shall be issued by the provided for in the issuance of other licenses under this Director Chief to the operator, limited to designated premises, chapter. of a steam engine, steam boiler or boilers or other F. Engineers duly licensed by the authorities of the United power-developing unit, not exceeding a total of fifty (50) two States as marine engineers who desire a license to operate hundred (200) boiler horsepower power plants within the limits of the City of Buffalo must pass where the safety valve or valves are set to operate not over a an examination as to their qualifications to operate power plants pressure of one hundred twenty-five (125) pounds per square on land of a grade equal to that of which they hold a license inch. Such qualifying permit shall authorize the Director of from the government of the United States. Housing and G. Every applicant for an engineer's or refrigeration operator's Inspections Commissioner of Permit and Inspection Services license whose experience was gained elsewhere than in the to issue a special engineer's license to such applicant as City of Buffalo must prove to the satisfaction of the Director provided herein and authorized by such permit, upon payment Chief that he has had the same total number of years of of the proper experience as is required from applicants in the City of Buffalo. fee therefor. H. An applicant for a locomotive engineer's license as an (5) A refrigeration operator's qualifying permit of the proper engineer on internal-combustion locomotive engines must be at grade shall be issued by the Director Chief to applicants in the least nineteen (19) years of age and have had at least one (1) manner following: year's experience in the repair, operation or maintenance of (a) A chief refrigeration operator shall be such operator who is internal-combustion engines, and, in addition, he shall present found competent by proper written and practical examination as a letter from his employer attesting to his capabilities as a to his qualifications to operate any horsepower of refrigeration locomotive engineer; or he must be a least twenty-one (2 1) power-developing units, other than steam driven, and who has years of age and have had at least three (3) years' had three (3) years practical experience as a first class experience in the repair, operation or maintenance of refrigeration operator or a first class stationary engineer. internal-combustion engines, one (1) year of which must have (b) A first class refrigeration operator shall be such operator been on internal-combustion locomotive engines. who is found competent by proper written and practical § 94-24. Exemptions; conditions for unfired pressure vessels. examination as to his qualifications to operate two hundred A. The following shall be exempted from the provisions of this twenty-five (225) horsepower of refrigeration power-developing chapter: units, other than steam driven, and who has had two (2) years (1) Miniature boilers not exceeding sixteen (16) inches inside practical experience as a second class refrigeration operator or diameter of the shell, forty-two (42) inches overall length of a second class stationary engineer. outside to outside of the heads at center, twenty (20) square (c) A second class refrigeration operator shall be such operator feet of water-heating surface and maximum allowable working who is found competent by proper written and practical pressure of one hundred (100) pounds per square inch. examination as to his qualifications to operate one hundred fifty (2) Unitary or self-contained air-conditioning units used for (150) horsepower of refrigeration power-developing units, other domestic, commercial or industrial purposes, singly or than steam driven, and who is at least twenty-one (21) years of combined. All units over one-half (1\2) horsepower, singly or combined, up to a capacity of sixty (60) horsepower, using (3) For hot-water or steam boilers, the rated British thermal unit ammonia or carbon dioxide refrigerants, or up to a capacity of heat transfer to the water-heating surface per hour, divided by one hundred (100) horsepower using freon or similar thirty-three thousand four hundred seventy-five (33,475). refrigerants shall be equipped with safety devices, as follows: B. The conditions above described resulting in the maximum (1) Where water condensers are used: low-water cutout and/or boiler horsepower rating shall apply, and the determination of high-pressure cut-out, and low-voltage protection devices. the Director of Fuel Devices Chief Combustion Inspector (2) Air-cooled condensers: the same safety devices except shall govern the horsepower rating of such steam generator or low-water cutouts. boiler. (3) Additional safety devices providing similar safety protection § 94-29. Licensing of hoisting engineers; exemptions. that the Director of Fuel Devices Chief Combustion Inspector A. No person except as hereinafter provided shall operate in may order. the City of Buffalo any hoisting or portable machines or B. Conditions for unfired pressure vessels. It shall be the duty apparatus in connection with construction, alteration, erection of every owner or other person using a stationary unfired or demolition of buildings in the City of Buffalo without first pressure vessel containing a tank volume of over twenty-one having obtained the license provided for herein. (21) cubic feet where the operating pressure is over one B. Any person holding a chief engineer’s license of a first hundred (100) pounds to have the same inspected by the class or second class engineer’s license provided for by Director Chief not less than once in each and every year; this chapter shall be deemed qualified to operate a provided, however, that any person or owner using such vessel, hoisting machine in connection with the construction who shall have had the same inspected and insured work or erection of buildings and shall not be required to by a duly authorized insurance company within six (6) months obtain any other license to operate such hoisting of the time the Director Chief may offer to inspect the same, machine or apparatus. which shall be evidenced by a certificate to be filed with the C.B. Any other person desiring to operate in the City of Buffalo Director Chief within one (1) month after such inspection shall any hoisting machine or apparatus in connection with occur or insurance shall attach, construction work or building operations should make shall not be required to comply with the provisions of this application to the Director of Fuel Devices Chief Combustion subsection. Inspector in writing, duly verified, giving such information as to § 94-25. Display of license. age, residence, experience and knowledge in hoisting Engineers or refrigeration operators duly licensed under the machines and the operation of motors used in running such provisions of this chapter shall have their licenses suitably hoisting machines as the Director Commissioner shall framed, under glass, and hung up in a conspicuous place at or prescribe. If such application shows the person to be near their power-developing unit. presumptuously capable of operating a hoisting machine or § 94-26. Plants in continuous operation. apparatus, the Director Chief may require such tests or further A. Where a power plant is in service regularly day and night, in examination as, in his judgment, are reasonably necessary to the absence of the chief engineer, the assistant engineers demonstrate the applicant's ability to operate must hold first class engineer's license if the plant exceeds one such hoisting machine with safety to property and the lives and hundred fifty (150) horsepower. However, second class limbs of persons working around or passing by such machines engineers may be employed on the same watch with the chief and the motors by which such machines are operated. If upon engineer. such examination such applicant is found to possess the B. No power-developing unit or units shall be left unattended necessary qualifications to operate such hoisting machine or and without a properly licensed engineer or refrigeration apparatus and the engine or motor by which the machine is operator of the required grade while in operation. driven, the Director Chief shall issue to him a qualifying permit C. One (1) chief engineer may be in charge of more than one authorizing the Director of Housing and Inspections (1) power plant as a whole on Commissioner of Permit and Inspection Services to issue to a general property site of the same owner. said applicant a hoisting engineer's license authorizing him to D. The provisions of this section are not applicable to hot-water operate in the City of Buffalo a hoisting machine, for which heating boilers operating not in excess of 30 pounds per license the applicant shall pay the sum as provided in Chapter square inch when used for agricultural purposes. 175, Fees. § 94-27. Continuation of existing licenses; renewals. D C. Each license, unless sooner revoked, shall expire one (1) A. All engineers or refrigeration operators duly licensed at the year from the date on which it is issued, and for a renewal time of the effective date of this chapter shall be granted thereof the licensee shall pay the sum as provided in Chapter licenses of the same grade without examination. Each license 175, Fees. Any misstatement concerning the material facts heretofore issued under the Code of the City of Buffalo for contained in the application shall be sufficient cause for the engineers or refrigeration operators revocation of such license. shall continue until the expiration date of such license, after ED. The provisions of this section shall not apply to: which time the provisions of this chapter shall apply. (1) The operation of elevators permanently installed for B. If a license issued under this chapter is not renewed by the regular use in any building. licensee within one (1) year of the expiration date thereof, the (2) Any hoisting machine operated by muscular power. licensee will be required to take and pass a new examination. (3) Any hoisting machine operated by an engine or motor of § 94-28. Determination of boiler horsepower. five (5)horsepower or less. A. The rated boiler horsepower as used in this chapter shall be (4) Transit concrete mixers, welding units, overhead traveling determined by: cranes, gantry cranes, shop or plant trucks, shop or plant (1) For any boiler or steam generator, the maximum rated hoists or any motor vehicle licensed subject to the New York steam-generating capacity per hour for heating water from and State Vehicle and Traffic Law. at two hundred twelve degrees Fahrenheit (212' F.), divided by F-.E. Any person operating any hoisting machine or apparatus thirty-four and one-half (34 1/2). in connection with construction work shall at all times carry (2) For water or fire-tube boilers having a drum or drums upon his person while so engaged the license issued to him. eighteen (18) inches or larger, the rated water-heating surface § 94-30. Replacement of lost licenses or certificates. divided by ten (10), or for any other steam generator or boiler, Where it is provided by this chapter for the issuance of any the rated water-heating surface divided by five (5). license or certificate by the Director of Housing and Inspection Commissioner of Permit and Inspection Services, Every applicant for a license under this chapter shall present to and any such license or certificate becomes lost or destroyed the [Director of Licenses and Permits] Commissioner of Permit through no fault of the owner or holder thereof, and a duplicate and Inspection Services, at the time of making application for is desired, said Director of Housing and Inspections such license, a bond in the penalty of one thousand dollars (S Commissioner of Permit and Inspection Services upon the 1,000.), executed by himself and a corporation surety and filing with him of an affidavit reciting the circumstances of such conditioned that such applicant shall obey all ordinances of the loss or destruction and upon the payment of a fee as provided city now in force or that may be hereafter enacted and will in Chapter 175, Fees, may issue a duplicate license or comply with any and all orders and directions of the certificate in place of the lost or destroyed license or certificate Commissioner of Police and that he will pay all fines and to the person thereto as such owner or holder aforesaid. penalties which may be imposed upon him for any violation of § 94-3 1. Penalties for offenses. said ordinances or of said orders and directions of the A. Any person operating in the City of Buffalo a Commissioner of Police and that he will hold the city harmless power-developing unit, as defined in this chapter, or a hoisting from any and all loss and damage and all costs and charges machine or apparatus without first having obtained the license which it shall or may sustain or become liable for by reason of herein required and any person, firm or corporation who or the granting of such license or by reason of any act or acts of which employs or permits any unlicensed said licensee, his agents and employees or any of them. Such person to operate any power-developing unit or hoisting bond shall be approved as to form by the Corporation Counsel machine or apparatus contrary to the provisions of this chapter and as to sufficiency by the Comptroller. shall be liable to a fine or penalty as provided in Chapter 1, Note matter in brackets[] to be deleted; matter underlined is Article 111, of this Code. new B. Any person who shall violate any other provisions of this REFERRED TO THE COMMITTEE ON LEGISLATION chapter shall be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code. NO. 125 NOTE: Matter in bold to be deleted; matter underlined is new. BY: MR. FONTANA REFERRED TO THE COMMITTEE ON LEGISLATION ORDINANCE AMENDMENT CHAPTER 103 - BUILDING CONSTRUCTION & NO. 124 DEMOLITION; FIRE PREVENTION BY: MR. FONTANA The Common Council of the City of Buffalo does hereby RE: ORDINANCE AMENDMENT ordain as follows: CHAPTER 101 - BUILDINGS, CLEANING OF That Chapter 103 of the Code of the City of Buffalo be The Common Council of the City of Buffalo does hereby amended to read as follows: ordain as follows: ARTICLE 1, Adoption of Standards That Chapter 10 1 of the Code of the City of Buffalo be § 103-1. Adoption; filing. amended to read as follows: A. The New York State Uniform Fire Prevention and Building § 10 1 - 1. License required to use house-cleaning machinery. Code, promulgated by the New York State Building Code No person shall use or occupy or be permitted to use or occupy Commission pursuant to Article 18 of the New York Executive any of the public streets or other public grounds of the city with Law (Chapter 707 of the Laws of 1981), is hereby made a part house-cleaning machines or any other machinery or appliance of the Code of the City of used for the purpose of cleaning houses, buildings or other Buffalo. structures without first having procured a license therefor. B. A copy of the New York State Uniform Fire Prevention and Such license may be issued by the [Director of Licenses and Building Code is filed in the City Clerk's office at the time of the Pen-nits] Commissioner of Permit and Inspection Services, in passage of this Article and shall be maintained in such office his discretion, upon payment, by the person or persons as a permanent part of this Article. applying therefor, of the fee fixed in § 10 1 -2. ARTICLE 11, Permits § 10 1 -2. Conditions for refusal; expiration; fees. § 103-2. Pen-nit required; exceptions. No license under the foregoing section shall be issued to any No person, firm or corporation shall, within the City of Buffalo, person under the age of twenty-one (2 1) years nor to any erect, place, enlarge, alter, repair, demolish or rebuild any person who has been convicted of a felony nor to any person building or structure until he shall have first procured a permit who, having been previously licensed under this chapter, shall so to do; provided, however, that no permit shall be necessary have had said license revoked during the year immediately where the cost of repairs does not exceed [five hundred dollars preceding the time of making the application herein mentioned. ($500.)] seven hundred fifty dollars ($750.00). Any person All licenses shall expire on the 30th day of May succeeding the desiring permission to erect, place, enlarge, alter, repair, issuing thereof, and the license fee therefor shall be as demolish or rebuild such building or structure or any part of provided in Chapter 175, Fees. such building or structure in any portion of the city shall first § 10 1 -3. Obstruction of streets prohibited. present to the Commissioner the application required in § No person licensed to use the public streets and other public 103-3 of this article, and a signed copy of the contract between grounds of the city as aforesaid shall use the same in such the homeowner and authorized agent, architect, engineer or manner as to unnecessarily obstruct or interfere with the legal contractor employed in connection with the proposed work use of the same by other persons; and such use of the public when applicable, and, if the Commissioner shall approve the streets and other public grounds of the city shall be subject to same, he shall attach his approval thereof and issue the permit the supervision and direction of the Commissioner of Police. within sixty (60) days of such approval subject to all provisions § 10 1 -4. Machinery to be under competent control. of law and ordinance. No machine or appliance for which a license is required by this § 103-3. Form of application; person required to file. chapter shall be operated upon any of the public streets or A. Application for a building pen-nit shall be made to the other public grounds of the city unless such machine or Commissioner in such form as the Commissioner shall appliance shall be in charge of a person thoroughly competent prescribe. to operate the same and who shall not leave said machine or B. The application must be made by an authorized agent, appliance while it is in operation. architect, engineer, licensed home improvement salesman, § 101-5. Bond. construction manager or contractor employed in connection the requirement to submit a complete set of plans and with any or part of the proposed work. specifications to obtain a final building pen-nit. Construction C. The application must be made by the owner when shall not proceed beyond the scope of the partial permit until a the work is being performed solely by permit is issued for the remainder of the work. the owner. E. The Commissioner may attach conditions to the § 103-4. Contents of application. issuance of the permit to assure compliance with applicable A. The application shall contain a general building regulations. description of the proposed work, its location, the F. The Commissioner may require the approval of other use and occupancy of all parts of the building or departments or agencies prior to the issuance of a building structure and of all portions of the site or lot not permit. covered by the building or structure; the names and addresses G. No demolition permit may be issued for any of the owner and the applicant, agent, premises until such premises have been inspected by the contractor, construction manage, ite contact architect [and] Superintendent of Rodent Control, or his agents, and a written engineer, and tenant agent, if applicable; and the responsible report filed with the Commissioner of [Inspections and employees if the owner is a corporate body. Licenses] -Permit and Inspection Services that the B. The application shall contain the particular premises are free of rat infestation. estimated cost of the proposed work. In the case of work done H. Applications for demolition, partial demolitions that by the owner, this cost shall be based on submitted materials may affect the exterior of the property and asbestos abatement invoices. In all work done by a contractor, a signed original shall be subject to Office of Strategic Planning and contract showing work cost must be submitted. Exception: in Preservation Board review. The review will require additional the case of work yet to be bid out, the estimated cost of the documentation and information to be supplied by the applicant. work must be submitted, and a signed original contract (1) To facilitate public awareness, a sign shall be hung showing the actual cost of the work must be submitted in a conspicuous location clearly visible from the after the bid process before a permit will be issued. street. In the event that the building is located on a comer or C. The application may also contain such other information as has two frontages, two signs shall be placed in clearly visible may reasonably be required by the Commissioner to establish locations on each side of the building facing the street. The the compliance of the proposed work with the requirements of signs shall identify the building as being the subject of a applicable building laws, ordinances and regulations. pending demolition. The signs shall identify the Office of D. The application shall indicate whether the Strategic Planning/Preservation Board, its address and proposed work will cause the removal of or damage to any telephone number as a source of additional information. The existing trees over four (4) inches in diameter when measured signs should also contain the name and telephone at a point of four number of an authorized representative of the (4) feet in height on the site of work or applicant who can provide basic information about the improvement. If such removal or damage is indicated, then the proposed demolition. The signs are to be in place for a period application shall include a list of all existing trees over four (4 of 10 business days. inches in diameter when measured at a point of four (4) feet in (a) The signs will be provided by the Commissioner of Pen-nit height, with the type and dimensions of each, and replacement and Inspection Services in a size and format to be determined shall be mandated in accordance with § 421-26A(9) of this by the Commissioner. Code. (2) The applicant should provide two photographs of § 103-5. Time limit on applications. each building located on the parcel with the structure to be A permit application shall be deemed to be abandoned and demolished, indicating the buildings to be demolished and the may be destroyed [three (3)1 six (6) months after date of filing assessed address of any additional building. unless a permit shall have been issued or ail extension granted (3) The applicant should provide two photographs of by the Commissioner for reasonable cause. buildings on each adjacent parcel and indicate their assessed § 103-6. Issuance of permit. addresses. A. The Commissioner shall examine or (4) The applicant should complete and submit Part I of cause to be examined all completed applications for permitsthe short environmental assessment form. As part of the review and the plans, specifications, documents and any by the Office of Strategic Planning, a proposed demolition amendments filed therewith and shall accept, in whole or in application may require the submission of a full environmental part, or reject the completed application within sixty (60) days assessment form. after filing. (5) The Office of Strategic Planning/Preservation Board B. Upon acceptance of the application and receipt of shall consider every application for demolition and or asbestos required fees and any required insurance or bonds, the removal within 30 days. This applies only for those properties Commissioner shall issue a building permit. The building not under the jurisdiction of the Buffalo Preservation Board. A permit shall be a form prescribed by the Commissioner and longer period may apply for applications within the jurisdiction shall be signed by the Commissioner. of the Buffalo Preservation C. If the application, together with plans, specifications Board or if the time is extended by court order. and other documents filed therewith, describes proposed work (6) The review process may be waived by the Commissioner of which does not conform to all of the requirements of the Pen-nit and Inspection Services in the event the application is applicable building laws, ordinances and regulations, the for home remodeling and or reconstruction as long as the Commissioner shall reject the same and shall return the plans exterior of the property is unaffected. and specifications to the applicant with written notice of the (7) Except for designated landmarks or buildings within reasons for rejection. preservation districts, single story garages which are designed D. Partial pen-nit. The Commissioner may issue a for up to three cars and which are designed expressly for use permit for the construction of a part of a building or structure as automobile storage shall be exempt from the review before the plans and specifications for the entire building or process. structure have been submitted or accepted, provided that 1. No demolition permit may be issued for any adequate information and detailed statements have been filed. premises until such premises has been inspected by the The granting of a partial permit shall not relieve the applicant of Commissioner of Permit and Inspection Services, or his designee, and/ or a written report filed with the contractor, or the owner if the owner is the employer of Commissioner of Pen-nit and Inspection Services that the individuals engaged in the construction or renovation work, particular premises is free of all asbestos containing materials. must provide to the city a certificate of [workmen's] worker's § 103-7. Performance of work under permit. compensation insurance satisfactory to the Commissioner. A. All work performed under a permit issued by the B. Disability benefits coverage. Prior to the issuance of Commissioner shall conform to the application, plans and any pen-nit under this Article, the contractor, or the owner if the specifications and shall be in accordance with applicable owner is the employer of individuals engaged in the building laws, ordinances and regulations. construction or renovation work, must provide to the city in a B. Building permit or copies thereof shall be displayed form satisfactory to the Commissioner a certificate showing prominently on the job site so as to be visible from the street at that payment of disability benefits for employees has been all times during the progress of the work. secured. C. [The Commissioner shall be given at least § 103-10. Insurance and bonds required for demolition permits. twenty-four (24) hours' notice of the start of work under a A. Prior to the issuance of any building permit for permit by the applicant.] demolition, the applicant shall provide proof satisfactory to the D. All new work shall be located in accordance with the Commissioner that a comprehensive liability policy exists which accepted site plan. The owner or applicant shall not change, covers the demolition work. The Commissioner shall establish increase or diminish in area the lot shown on the approved site minimum limits of insurance. The Commissioner may require plan, unless a revised plan showing such changes shall have that the city be a named [or] as additional insured. been filed and accepted by the Commissioner. B. The Commissioner shall require applicants for a E. Any permit issued shall expire if the authorized work building permit for demolition to provide a performance bond to is not commenced within [six (6)] twelve (12) the City of Buffalo which shall insure completion of the months after issuance of the pen-nit or if the authorized work is demolition work to the standards established by the city. The suspended or abandoned for a period of six (6) months after minimum value of the performance bond shall be established the time of commencing the work. Work shall be considered to by the Commissioner. The Commissioner may accept a letter be suspended or abandoned if it has not progressed to the of credit or a certified check in substitution for the performance extent of at least five percent (5%) of the total construction bond. The Commissioner may accept within any one (1) period of three (3) consecutive months. such bond, letter or check from an applicant to cover all work to F. For good cause, the Commissioner may extend for a be done by the contractor within a twelve-month period. The three-month period an expired permit if the applicant or owner Commissioner may waive such bond, letter or check when makes written request to the Commissioner within one (1) there is month after the expiration of the permit. Subsequent extensions no material need for such security. of three (3) months as may be required may be processed in a C. Before the pen-nit is issued, the applicant shall file like manner. evidence that the owner or contractor is insured against public § 103-8. Revocation of permit. liability and property damage in connection with such work of The Commissioner may revoke a building permit theretofore demolition, in the sum of at least [one hundred thousand dollars issued in any of the following instances: ($100,000.) for injury to one (1) person and at least three A. Where the Commissioner finds that there has been hundred thousand dollars ($300,000.) for injury to more than any false statement or misrepresentation as to a material fact in one (1) person and in the sum of at least fifty thousand the accepted application, plans or specifications. dollars ($50,000.)] two million dollars ($2,000,000) per B. Where the Commissioner finds that the building occurrence and one million dollars ($1,000,000) per permit was issued in error and should not have been issued in occurrence for property damage. accordance with the applicable law. D. In addition to the foregoing evidence of insurance, the C. Where the Commissioner finds that the work applicant shall, before any such permit is issued, file a bond performed under the permit is not being performed in with the City of Buffalo guaranteeing the city against any loss or accordance with the provisions of the accepted application, damage by reason of such demolition work. The bond shall be plans or specifications. in [the amount of one hundred thousand dollars ($ 100,000.)] D. Where the person to whom a building permit has an amount sufficient to cover the cost of the demolition work.. been issued fails or refuses to comply with a E. In lieu of the bond required in Subsection D above, stop-work order issued by the Commissioner. the applicant may file with the city a policy of public 103-8.1 Stop-work orders. liability and property damage insurance, in which policy the City Whenever the Commissioner has reasonable grounds to of Buffalo is believe that work on any building or structure is being Named as an assured. Said policy of insurance shall protect performed inviolation of the provisions of the applicable building the city against any loss or damage by reason of the work of laws, ordinances or regulations or not in conformity with the demolition in the sum of at least [one hundred thousand dollars provisions of the accepted 4pplication, plans or specifications ($100,000.) for injury to one (1) person and in the sum of at and revisions thereof or in an unsafe and dangerous manner or least three hundred thousand dollars (S300,000.) for injury to without a required permit, the Commissioner shall notify the more than one (1) person and in the sum of at least fifty owner of the property or the owner's agent to suspend all work, thousand dollars ($50,000.)] two million dollars ($2,000,000) and any such persons shall forthwith stop work and suspend per occurrence and one million dollars ($1,000,000) per all building activities until the stop-work order has been occurrence for damage to property. The aforesaid provisions rescinded. Such order and notice shall be in writing, shall state regarding bond or the conditions under which the work may be reumed and may insurance may be increased on very large or complex projects be served either by delivering it personally or by posting it where the risk is felt to be greater by the Commissioner. conspicuously where the work is being performed and sending F. No bond or liability policy shall be required to be filed a copy of it by mail to the address set forth in the permit with the city before the permit is issued to tear down, demolish, application. wreck or dismantle, in whole or in part, any building not more § 103-9. Insurance and bonds required for building permits. than two and one-half (2 1/2) stories in height, provided that the A. [Workmens'] Worker's compensation insurance. work is done by the individual owner of the building without Prior to the issuance of any permit under this Article, the assistance, and provided that the building is not located within D. All plans for in-ground or partly in the ground ten (10) feet of any street line. swimming pools of capacity in excess of two thousand (2,000) G. Where the owner of a building of not more than two cubic feet shall be designed by a licensed New York State and one-half (2 1/2) stories in height, or his agent, privately professional engineer or architect. engages any person, firm or corporation to demolish, E. A survey shall be required for new dismantle, wreck or tear down any building in whole or in part or structures, fences, pads, driveways, dormers, porches and to assist therein, the person, firm or corporation shall, prior to decks. the issuance of a permit therefor, furnish to the Commissioner § 103-12. Building permit fees. of [Inspections and Licenses] Permit and Inspection Services a A fee as provided in Chapter 175, Fees, shall be collected with copy of the contract or agreement therefor, which contract shall each application, and such fee shall not be returned to the clearly state the work to be performed, the total cost thereof to applicant. In addition to the above application fee, the fees to be the owner, the time of commencement of the work and the date paid for the examination for plans arid specifications, issuance of completion thereof. The contract shall also contain a clause of permit and inspection of construction, alterations or repairs providing for the rescission of the contract, at the option of the shall be as provided in Chapter 175, Fees. owner, within three (3) days of receipt of an executed copy of [To address cost inequities of the current fee structure, the the contract by the owner. No permit shall be issued to a Commissioner shall temporarily institute a reduction of the final contractor in the absence of a written executed agreement total permit fee by 50%. Pending the adoption of a new fee between the owner and the contractor. structure, applications for rehabilitation and reconstruction H. The applicant, shall before a permit is issued, projects will be so adjusted. Applications for demolition work, provide a bond [of five thousand dollars ($5,000.)] for the full electrical, plumbing, fuel devices, elevators and other dollar value of the project, providing that the demolition work conveyances are not included. This reduction shall apply only shall be completed within sixty (60) days (unless additional time to eligible applications received after July 1, 2001.] is given by the Commissioner in For purposes of determining the proper fee, the Work Area is writing) from the granting of the pen-nit; provided, however, that the square foot area within which work is to be done, as this bond shall not be required for demolition work ordered by referenced by The Building Code of New York State Appendix the City of Buffalo unless the specifications upon which bids K, S 202, definitions. The use is the considered by its actual are taken for such work require the same. Said bond shall be use or occupancy classification. further conditioned for the faithful and complete performance of § 103-13. Demolition permit fees. the contract for the work in strict compliance with the contract. A. The fees for demolition permits shall be based upon All other provisions of the Code of the City of Buffalo relating to the estimated cost of demolition or removal of any building or demolitions, including the provisions for various forms of structure as follows: The fee shall be as provided in Chapter insurance, shall also be applicable in the case of an owner of a 175, Fees. building of not more than two and one-half (2 1/2) stories in B. The Commissioner shall require an administrative height who privately engages any person, firm or corporation to fee for demolitions performed by or on behalf of the city demolish, dismantle, wreck or tear down a building or any part to benefit a property owner. The fee shall be based upon the thereof or to assist in its demolition, dismantling, wrecking or fair market value tearing down. of the demolition or the amount charged to the city for such § 103-11. Plans and specifications. demolition. The fee shall be as provided in Chapter 175, Fees. A. No building or structure of any size or character ARTICLE III, Fire Prevention hereinafter referred to in this section shall be erected, placed, § 103-14. Establishment of Bureau; organization. enlarged, altered, repaired or rebuilt until an application is filed A. The Bureau of Fire Prevention in the Department of with the Commissioner and until [two (2)]three (3) sets of plans Fire of the City of Buffalo is hereby reorganized and shall be and specifications therefore have been filed with the under the control and supervision of the Commissioner of Fire. Commissioner and approved by the [Director of Buildings] B. It shall include an officer of the Department of Fire of Commissioner. A permit issued by the Commissioner and an the rank of Chief of the Bureau of Fire Prevention or of approved set of plans shall be kept on file with the Battalion Chief as head of the Bureau, who shall be assisted in Commissioner[, and o]. One (1) approved plans set shall be his duties by an officer of the Department of Fire of the rank of used by the city inspector until the work is Assistant Chief of the Bureau of Fire Prevention or of Fire completed, and one qpproved set shall be returned to the Captain. owner or his agent to be kept on the job until the work is C. The Commissioner of Fire may detail such officers completed. and members of the Fire Department for inspections and other B. Plans must be filed for any alteration or repair to or duties relating to the enforcement of this code as shall from work upon any building or structure which involves changes time to time be necessary. affecting the structural safety and/or public safety thereof. D. There shall also be a section within the Bureau of Plans and specifications filed for any and all work involving Fire Prevention for investigation of fires. The Commissioner of structural changes and all plans and specifications for new Fire may detail such other officers and members of the buildings or structures of whatever cost [except residence Department of Fire from time to time for investigation of fires as buildings of gross area of one thousand five hundred (1,500) may be necessary. square feet or less, not including garages, carports, porches, § 103-15. Powers and duties of Bureau. cellars, uninhabitable basements or uninhabitable attics] and A. It shall be the duty of the Bureau of Fire Prevention alterations to buildings or structures where the cost of such to enforce all laws and ordinances covering the following: alteration exceeds [ten thousand dollars ($10,000.)] twenty-five (1) The prevention of fires. thousand dollars ($25,000) must bear the original seal and (2) The storage and use of explosives and flammables. [authorized facsimile of the] signature of an architect or (3) The installation and maintenance of fire alarm engineer licensed to practice in the State of New York. systems and fire-extinguishing equipment and systems. C. The [Director of Buildings] Commissioner of Permit and (4) The maintenance and regulation of exitways. Inspection Services -is hereby authorized to prescribe the form (5) The means and adequacy of exit in case of fire from and character of the plans and specifications to be filed and the factories, schools, hotels, motels, lodging houses, apartment details of the materials and construction to be shown thereon. houses, rooming houses, asylums, hospitals, churches, halls, theaters, places of assembly and all other places in which a E. Obstructions to or on exitways or windows which are number of persons work, live or congregate from time to time liable to interfere with the operation of the Fire Department or for any purpose. the egress of occupants in case of fire. B. It shall be the duty of the Bureau of Fire Prevention F Any building or any other structure which for want of to investigate the cause, origin and circumstances of fires repairs, lack of adequate exit facilities, automatic or other fire which may have been caused by arson, incendiarism or alarm apparatus or fire-extinguishing equipment or by reason of criminal age or dilapidated condition or from any other cause creates a negligence. hazardous condition. C. It shall have such other powers and perform such § 103-19. Service of notices and orders. other duties as are set forth in other parts of this code Every notice or order issued with respect to this code or with and as may be conferred and imposed upon it from time to time respect to any other ordinance of the City of Buffalo or law of by law. the State of New York which is enforced by the Department of § 103-16. Inspections. Fire shall be served at least five (5) days before the time for A. Scope. compliance therewith, except where the Department shall (1) Power to inspect. The Department is empowered, in determine that a shorter time is necessary for the protection of the administration and enforcement of this Article and all other human life or property. It shall be sufficient notice of a applicable laws, to make inspections of any premises, subject departmental notice or order if it is served personally or by to such laws, at any reasonable hours and upon proper registered mail or if it is posted in a conspicuous place upon identification by a representative of the Department. the premises affected and a copy thereof mailed on the same (2) Duty to provide access. Authorized department day it is posted to the person to whom it is directed, at the representatives acting in the performance of their duties shall address registered by him in the Department, or if any address be provided reasonable access to the premises by those is not so registered in the Department, then in such case such persons controlling such premises. notice or order shall be sent by registered mail to his B. Search warrants. last-known address or place of residence. Every such notice or (1) Premises warrants. The Department shall procure a order shall set forth the penalties for noncompliance with such search warrant upon refusal of reasonable access to any part notice or order. of the premises by any person with control of the premises. § 103-20. Department hearings. Such warrant shall be specific and apply only to the area to A. Any person affected by any notice or order which which the inspector was denied access. has been issued in conjunction with the enforcement of any (2) Area warrants. There shall be no area warrants. provision of this code or of any rule or regulation adopted C. Emergencies. In case of an emergency where there pursuant thereto shall be granted a hearing on the matter may be immediate danger to life, health or safety, a warrantless before the Commissioner of Fire or his duly authorized deputy, inspection may be made at any time upon proper identification if such person shall file in the office of the Commissioner of by a representative of the Department. Fire, within five (5) days after the notice or order was served, a § 103-17. Access. written request for a hearing which shall set forth a statement A. For maintenance. The person responsible for of the grounds for such request. Upon receipt of such request maintenance of the premises or personal property shall be for a hearing, the head of the Department shall set a time and permitted reasonable access for the purpose of repairs, place for the hearing and shall give the petitioner written alterations or otherwise complying with all applicable laws or notice thereof The hearing shall be held not later than ten (10) departmental orders or notices. Such access shall be permitted days after the day on which the request was filed, except that at reasonable hours by any person in control of the premises. where the notice or order is served specifically states that an B. To adjoining property. Owners or lessees in an emergency or hazardous condition exists such hearing shall be appropriate case may apply for a license through a special held not later than the next working day following the filing of proceeding to gain access to adjoining property for the purpose said request. Except in such cases involving an emergency or of making necessary repairs or improvements. Such petition hazardous condition, the Department of Fire may postpone any shall be pursuant to Real Property Actions and Proceedings hearing for a reasonable time upon good cause shown by the Law, § 881, and the licensee shall be liable for resulting actual petitioner. damages. B. At any such hearing, the petitioner shall be given an § 103-18. Orders to eliminate dangerous conditions. opportunity to be heard and to show cause why such notice or Whenever any of the officers or members of the Department of order shall be modified or revoked. The technical rules of Fire of the City of Buffalo or Bureau of Fire Prevention shall find evidence shall not apply at such a hearing. After such hearing, in any building or upon any premises dangerous or hazardous the Commissioner of Fire shall affirm modify or revoke conditions or materials hereinafter enumerated or shall confirm said notice or order as he may determine in his sole discretion. such dangerous or hazardous conditions or materials when The petitioner shall be notified in writing as to the decision of requested by the Commissioner of [Inspections and the Commissioner of Fire, and if such notice or order is Licenses]Permit and Inspection Services, he or they shall order affirmed or modified, said notice or order as so affirmed or such dangerous conditions or materials to be remedied or modified shall be complied with immediately by the petitioner. removed in such manner as may be specified by this code or The provisions for the departmental hearings under this by the Commissioner of Fire: section, however, shall not empower the Commissioner of A. Dangerous or unlawful amounts of combustible or Fire or any other person to vary or modify any provisions of this explosive or otherwise hazardous materials. code. B. Hazardous conditions arising from defective or § 103 -2 1. Formal hearings. improperly installed equipment for handling or using A. The Commissioner of Fire or his duly authorized combustible or explosive or otherwise hazardous materials. deputy is empowered, in his discretion, to conduct formal C. Dangerous accumulations of rubbish, wastepaper, hearings with respect to the following matters: boxes, shavings or other highly flammable materials. (1) The investigation of fires pursuant to § 103-23 of D. Accumulation of dust or waste materials in this Article. air-conditioning or ventilating systems or of grease in kitchen or (2) The issuance, renewal or revocation of permits other exhaust ducts. under § 103-26 of this Article. (3) To assist the Commissioner in making his Department to remove, correct or remedy a dangerous or recommendation to the [Director of Housing and Inspections] hazardous condition as provided in §§ 103-18 through 103-21 Commissioner of Permit and Inspection Services in connection of this Article, who fails to properly comply therewith, shall be with the issuance, renewal or revocation of any license required liable for the payment of all costs and expenses of hereunder. extinguishing any fire resulting directly or indirectly from said (4) To assist the Commissioner in determining whether failure to comply. The amount of such costs and expenses the stated time for compliance with any notice, order or other shall be fixed by the Commissioner. If the Corporation Counsel directive issued under this code should be extended because and the Commissioner shall determine that the City of Buffalo of hardship, practical difficulties or other unusual has the right to collect such costs and expenses, the circumstances. Corporation Counsel shall institute a civil action in the name of B. The Commissioner, in and about any investigation the City of Buffalo against all culpable persons to collect such authorized by this section and touching any matter connected costs and expenses. therewith, may issue or cause to be issued subpoenas and § 103-23. Investigation of fires. compel A. The Bureau of Fire Prevention or any officer or the attendance of any person or persons and the production of member of the Department of Fire designated by the any books, papers or documents in his or their possession or Commissioner of Fire shall investigate the cause, origin and control which, in the judgment of the Commissioner, are circumstances of every fire occurring in the City of Buffalo connected with and necessary to such investigation. For such which is of a suspicious nature or which involves loss of life or purpose, the Corporation Counsel at any time may cause injury to persons or by which property has been destroyed or subpoenas to be issued out of the Supreme Court, attested substantially damaged. Such investigation shall be begun under the name of a Justice of such Court, in like form immediately upon the occurrence of such a fire by the Battalion and with the same effect as though issued by such Justice in Chief in whose district the fire occurs, and if it appears to the any action pending in a court of record, and such subpoenas officer making such investigation that such fire is of suspicious may be served and proof of service may be made in the same origin, he shall notify the Fire Investigation Section of the manner as by law provided for the service of subpoenas out of Bureau of Fire Prevention immediately of the facts, and said such court. Section shall take charge immediately of the physical evidence, Upon proof of service of the subpoena and proof of notify the proper authorities designated by law to pursue the noncompliance therewith or failure to attend and testify as investigation of such matters and shall further cooperate with directed therein or failure to produce any book, paper or the authorities in the collection of evidence and in the document in the possession or control of the persons named in prosecution of the case. the subpoena and directed to be produced therein or failure or B. Every fire shall be reported in writing to the Bureau refusal on their part to answer any pertinent question, of Fire Prevention within two (2) days after the occurrence of application may be made before any Justice of the Supreme the same by the officer in whose jurisdiction such a fire has Court, who may thereupon cause to be arrested and punished occurred. Such report shall be in such form as shall be as for a contempt of the orders of such court the person or prescribed by the Commissioner of Fire persons named in such subpoena. and shall contain a statement of facts relating to the cause, C. Any person or persons who fail to attend and testify origin and circumstances of such fire, the injury to persons and as required by any subpoena issued under the authority of this extent of the damage thereof and such other information as section shall be liable to a penalty in the sum of fifty dollars may be ($50.). required. D. The Commissioner or his duly authorized deputy, in the C. The Corporation Counsel and the Police conduct of any investigation authorized by this section, shall Department, upon request of the Bureau of Fire Prevention, have the power to administer oaths and affirmations, and any shall assist the officers and members of the Department of Fire false swearing under such oath or affirmation shall be perjury. in the investigation of any fire which in their opinion is of E. The Commissioner or his duly authorized deputy suspicious origin. conducting such investigation may take the testimony, under § 103-24. Records of Fire Department. oath, of all persons supposed to be cognizant of any fact or to A. The Commissioner of Fire shall keep, in the office of have means of knowledge in relation to the subject of the the Bureau of Fire Prevention, a record of all fires and of all the investigation and shall cause the same to be reduced to writing facts concerning the same, including statistics as to the extent and verified. All such testimony, together with the report of the of such fires and the damage caused thereby and whether Bureau of Fire Prevention setting forth its opinions and such losses were covered by insurance and, if so, the name of conclusions in respect to the matter, shall be transmitted to the the company that issued the policy and the amount thereof. Commissioner. With respect to any formal hearing conducted Such records shall be made daily from reports made by the in connection with the investigation of a fire, a copy of such officers and members of the Fire Department. All such reports testimony and the report may be furnished, in the discretion of and records shall be public documents. A copy of such report the Commissioner, to the Police Department, to the District shall be filed within twenty-four (24) hours with the Corporation Attorney of Erie County, to the owners of the property involved Counsel. If the Corporation Counsel shall determine that the and to any other persons directly interested in the subject City of Buffalo has the future right to collect any demolition matter of the investigation. costs incurred or to be incurred, he shall file suit against all F. With respect to the issuance, renewal or revocation interested parties and shall file notice of the pendency of the of any permit, at the conclusion of the hearing the action with the County Clerk to impress a lien upon the fire Commissioner shall thereupon take such action and make insurance proceeds which may such determination as he Accrue to the property owner or other claimant. deems proper and shall advise the Bureau of Fire Prevention B. There shall be a charge for search of Fire and the applicant for the pen-nit in writing as to his Department files as provided for in Chapter 175, Fees. determination. § 103-25. Licenses for hazardous materials. § 103-22. Civil liability in case of fire. A. A license is herein referred to as a written authority In addition to being subject to the penalties prescribed by this of the [Director of Housing and Inspections] Commissioner of Article, any person served with a notice or order of the Fire Pen-nit and Inspection Services, issued upon approval of the Bureau of Fire Prevention pursuant to this code, D. The electrical circuits for the fire alarm system shall to purchase, own, possess, transport or use explosives or be so arranged that a short or a ground shall not cause a false blasting agents or to have, keep, store, use, manufacture, sell signal which might be considered as an indication of fire. or handle hazardous chemicals, gases and flammable E. A trouble bell shall be installed in a general office or materials and to establish, operate or maintain establishments other location designated by the Bureau of Fire Prevention. as defined in this code. F. A pilot light shall be mounted on the control panel to B. All applications for licenses required by this code indicate that the alarm system is electrically supplied and in shall be on forms furnished by the [Director of Housing and service. Inspections] Commissioner of Permit and Inspection Services G. A red light shall be installed on or near the control and shall be referred to the Bureau of Fire Prevention for its panel to indicate that the alarm system is electrically supplied approval. and in service. C. Every license granted by the [Director of Housing H. A red light shall be installed on or near the control panel to and Inspections] Commissioner of Permit and be used in connection with the trouble bell so that the sound of Inspection Services under the provisions of this code, unless the bell may be silenced by a cutoff switch and the trouble otherwise fixed by any provision of this code or by the [Director signal transferred to a red light, which shall be kept illuminated of Housing and Inspections] Commissioner of Permit and until the fault is corrected and the trouble bell is returned to Inspection Services, shall expire on December 31 of each year service. after issuance. Such license 1. Alarm sounding devices shall be distinctive in pitch shall at all times be kept on the premises designated therein and quality from other sounding devices on the premises or in and shall at all times be subject to inspection by any officer or the building and shall be distributed as to be effectively heard in member of the Department of Fire or Department of Police or every room or part of the building required to have an alarm any inspector from the [Division of Licenses and system by this code and other state laws or local Permits]Department of Permit and Inspection Services. The ordinances. Fire alarm signals shall be used for fire drills and fee for each license shall be fixed by the applicable provision of fire alarms only. A weatherproof alarm bell shall be installed this code, and such licenses may be renewed annually, with outside of the buildings to operate in conjunction with the approval of the [Director of Housing and Inspections] systems having detection devices and/or an approved sprinkler Commissioner of Pen-nit and Inspection Services, upon system. payment of the renewal fee fixed by this code. J. Fire alarm stations shall be provided near all main exits and § 103-26. Permits. in the natural path of escape from fire. Fire alarm stations shall A. Permits issued under this code do not take the place be located within five feet in height above the floor surface and of any license required by law or this code. Permits issued readily accessible and marked in a conspicuous manner. under this code shall not be transferable, and any change in K. Substandard systems or unapproved, nonusable ownership or occupancy of premises shall require a new equipment or old systems shall be completely removed when permit. approved systems and equipment have been installed. B. All applications for a permit required by this code L. Wining shall be protected by metal raceway conduit shall be made to the Bureau of Fire Prevention on such forms or similar material. and in such detail as it shall prescribe. Applications for permits M. Fire alarm systems shall be installed by licensed shall be accompanied by such plans as may be required by the electricians. Bureau of Fire Prevention. Permits shall at all times N. A permit shall be required for the installation of all be subject to inspection by any officer or member of the fire alarm systems required under this code, state law or other Department of Fire or Police. local ordinances issued by the Division of Inspections, C. The Bureau of Fire Prevention may revoke a permit Licenses and Permits upon the approval of the or approval issued if any violation of this code is found upon Bureau of Fire Prevention. The application for permit shall inspection or if there has been any false statement or include at least two sets of plans for approval by the Division of misrepresentation as to a material fact in the application or Buildings and the Bureau of Fire Prevention. Plans shall plans on which the permit or approval was based. consist of diagrammatic floor layouts showing location of fire [§ 103-26.1. Definitions. alarm boxes, gongs or signaling devices and detection devices The following words, as used in § 103-26.2, shall have the along with location of trouble bell and control panel.1 meanings herein stated, unless a different meaning clearly ARTICLE IV, Miscellaneous Provisions appears from the context: § 103-27. Self-service gasoline. FIRE ALARM SYSTEM -- An electrically supervised system A. Emergency controls required. An approved fixed of sounding a fire alarm or alarms, installed in such a manner fire-extinguisher system suitable for the extinguishment of that it can be operated manually from any story. Class B fires and covering the entire gasoline dispensing area FIRE DETECTING SYSTEM -- A system which automatically shall be installed at each self-service pumping area. Said detects a fire or an abnormal rise in temperature and actuates system shall be capable of being activated both manually and the fire alarm.1 automatically; however, the triggering device for manual [§ 103-26.2. Fire alarm systems. activation shall not be more than 15 feet from the attendant's All fire alarm systems required by local or state law to be principal control location and not more than 100 feet from the installed in buildings or structures within the City of Buffalo dispensers. Said system shall, however activated, automatically shall comply with the following: shut off the electric power to all dispensing devices. "Class B A. All electrical equipment and all electrical material fires" are fires due to flammable liquids, gases and greases. installed shall be approved by a recognized testing laboratory B. Dispensing device controls required. Hose nozzle for the type of installation required. valves used at self-service dispensing of Class I liquids shall B. Electrical circuits required for alarm systems shall be listed automatic-closing types without a latch-open device. A be connected on the supply side of the service over-current control shall be provided that would permit the device and provided with separate over-current protection. pump to operate only when the dispensing unit and the switch C. Fire alarm systems shall be a closed circuit, 24-volt for this dispensing unit are manually actuated. This control minimum, electrically supervised, continuous ringing type. shall also stop each pump when each nozzle has been returned to its bracket. A control shall be provided which will shut off the entire self-service system when the attendant is may be a dry system. Temporary risers shall be at least four absent from the control console for any reason inches in diameter for structures of less than 75 feet in height whatsoever, and the switch location shall not be more than and at least six inches in diameter for structures exceeding 75 100 feet from the dispensers. feet in height. There shall be as many temporary risers as will § 103-28. Unsafe chimneys. be required for the permanent system. Each such riser shall All unsafe chimneys must be made safe within five days after have a siamese hose connection at the street level and be notice from the [Director of New Construction.] Commissioner equipped on each floor enclosed in the exterior walls with hose of Permit and Inspection Services. outlets equipped with two-and-one-half-hose valves. The § 103-29. Unsafe staging, cornice, exterior wall, pargpe or installation shall be made so that each riser, cross-connection projection. and branch line shall be watertight when work is not being done The owner or lessee of any building which shall contain any on the system. The location of the siamese hose connection staging, cornice, exterior wall, parqpe or projection which has shall be placarded, kept free from obstructions and indicated by become unsafe and liable to endanger life shall, upon notice a red light. All fittings, siamese connections and valves are to from the [Director of New Construction Commissioner of conform to Buffalo Fire Department specifications. Permit and Inspection Services, immediately cause the same to C. It is intended that this temporary standpipe be repaired. If such owner or lessee shall neglect or refuse to installation and this section shall not be considered to make such repairs within five days after such notice, the supersede or be in conflict with the requirements of the Eric Department of lnspections and Licenses] Permit and County Health Department or the Plumbing Code of the City of Inspection Services may cause the same to be made, and the Buffalo but shall be used as an aid to assist the Fire expense therefor shall be assessed upon the premises upon Department to have sufficient water supplies to extinguish fire which said building stands. in high-rise buildings or structures. The installation of the § 103-30. [Two or more frame buildings on same lot. permanent standpipe risers and connections in the building A. Where it is proposed to erect two or more frame may buildings on the same lot or an additional frame building or also be classified as meeting the approval of this section, frame buildings on a lot where there is already an existing provided that the specifications as outlined herein are complied frame building, the owner thereof shall file with the Director of with. New Construction a statement showing: § 103-33. Elevators. (1) The location and character of the adjoining building. A. In every completed building or structure having (2) The proposed space between the existing building elevator service exceeding three stories above the grade level, and the building or buildings proposed to be erected on said lot. a competent elevator operator shall be available at all times (3) The proposed space between such new building or while the building is occupied to assist the Fire Department in buildings and the building on the adjoining lot. obtaining access to any floor of the building or structure served B. No frame building shall be hereafter erected so that by elevators. In structures or buildings in the course of erection any part thereof shall be less than 18 inches from the where work has progressed to a height of more than 75 feet side line of the lot or less than three feet in the direction of the and an elevator is in use, at least one elevator for carrying width of the lot from an adjoining frame building which is on the passengers or employees shall be kept in readiness at all times same lot. unless the elevator is equipped with such device that it can be C. No frame building shall be hereafter erected so that any part safely operated by the Fire Department. In multiple thereof shall be less than 18 inches from the rear line of the lot dwellings that are connected or adjoining, one competent or less than 10 feet in the direction of the depth of the lot from elevator operator shall be sufficient, provided that an elevator an adjoining frame building which is on the same lot. can be available at all times to assist the Fire Department in D. Nothing in this section shall be construed as obtaining access to any floor of the building served by the prohibiting projections of cornices, gutters, conductors, belt elevators. Completed or incompleted buildings or structures courses or window sills when same are approved by the having elevator services outlined in this section and not Director of Buildings. occupied at the time of an emergency and/or an alarm of fire or § 103-3 1. [Height and occupancy limits on frame dwellings. fire shall have all elevators marked or placarded with A. No frame dwelling shall be erected nor shall any existing instructions to indicate the safe operation of the elevator for frame dwelling hereafter be altered to contain more than two Fire Department use. Any person who shall detain the use of stories, a basement and attic, and no living or sleeping rooms an elevator by the Fire Department while responding to or shall be located in the attic story. during an emergency and/or an alarm of fire or fire assist in B. Frame buildings veneered on the outside, not to detaining the use of an elevator or assist a exceed two stories in height, with four inches of brick, person in violating this section is guilty of a violation of this stone, hollow concrete blocks or reinforced concrete, may be section. erected in the outer B. The intent of this section is to aid the Fire limits, but such brick, stone, hollow concrete blocks or Department in buildings served by elevators and shall not be reinforced concrete work must be erected on a continuous construed to mean that the elevators shall not first be used to foundation of masonry and must be properly anchored to the remove all persons from the building or structure to safety. frame structure, § 103-34. Sprinklers in basements. and in all other respects they shall be treated as frame A. Approved automatic sprinkler systems shall be buildings.1 installed in all basements having an area exceeding two § 103-32. Standpipe systems. thousand five hundred (2,500) square feet when used for the A. In structures under erection for which a stand-pipe system manufacture, sale, repair or storage of combustible material or will be required, provisions shall be made for the use of merchandise and shall also include underground storage standpipes by the Fire Department whenever the construction garages or parking areas. In buildings used for assembly, has progressed so that floors are in place above the sixth story educational, institutional or residential occupancies, the or more than 60 feet above the curb level. The standpipe automatic sprinkler systems shall be required only in such equipment thus provided may be a temporary installation. portions of the basement as are used for storage purposes of B. A temporary standpipe system shall be one which may be combustible material or as workshops in excess of one used for water supplied during the construction operations or hundred (100) square feet. B. Definitions. As used in this section, the following emergency evacuation drill shall be conducted during the first terms shall have the meanings indicated: week of the first school term and the second during the month AREA -- The maximum horizontal projected area of the of March. Additional emergency evacuation drills on buses may basement at grade as measured between exterior walls and/or be requested by the principal of the school or the fire walls. Commissioner of Fire. Each such drill shall include practice COMBUSTIBLE GOODS OR MERCHANDISE -- Includes and instruction concerning the location, use and operation of those made of wood, paper or plastics; those containing the emergency exits, doors and fire extinguishers and the flammable or combustible liquids; those packed with quantities proper evacuation of buses in the event of fires and accidents. of excelsior or paper and other goods or merchandise of B. Bus operators shall make sure of the proper equivalent or greater combustibility; and all materials classified operation of emergency exits and doors at the beginning of under the definition of combustible material. each day's use of the bus for the transportation of school § 103-35. Surveys for fire protection. children and shall also see that fire extinguishers are in their The Bureau of Fire Prevention shall survey each manufacturing proper locations and ready for emergency use. Bus operators establishment, school, place or assembly, hospital, place of shall be provided with proper training and instructions to detention, hotel and motel, rooming house, convalescent and enable them to carry out the provisions of this section. old-age home, mercantile establishment and church and any C. The school principal or bus operator (owner) shall certify in other place where numbers of persons live, congregate or work writing to the Fire Prevention Bureau, on or before the 10th day and shall specify suitable fire-detecting devices or of April in each year, that the emergency evacuation drills extinguishing equipment and appliances which shall be herein required have been held. provided in or near boiler rooms, kitchens or restaurants, clubs § 103-38. [Mechanical methods of demolition. and like establishments, storage rooms involving considerable The use of a swinging weight, clamshell bucket, power shovel, combustible material, rooms in which hazardous manufacturing bulldozer or other mechanical contrivance for the purpose of processes are involved, garage sections, including demolishing walls shall be in accordance with the following underground garage storage sections, and storage garage requirements: sections in buildings having other occupancies and other A. The building or structure or remaining portion thereof places of a general hazardous nature. Such devices or shall not be more than eighty (80) feet in height. appliances may consist of automatic fire alarm systems, (1) When a swinging weight is used, a zone of automatic sprinkler systems, standpipes, hose attachments demolition at least one and one-half (I 1/2) times the height of and nozzles, fixed or portable fire extinguishers of a type the structure or portion thereof being so demolished shall be suitable for the probable class of fire or suitable asbestos maintained around points of impact. blankets, manual or automatic covers or inert-gas extinguishing (2) Where a clamshell bucket is being used, a zone of or dry-powder extinguishing systems. In especially hazardous demolition shall be maintained within twenty-five (25) feet of the processes or storages, appliances of more than one (1) type of line of travel of the bucket. special systems may be required. The Bureau of Fire (3) Where other mechanical contrivances are being Prevention shall specify the fire protection necessary during used to effectuate total or partial collapse, there shall be construction of all buildings designed to exceed fifty (50) feet in maintained in the area into which the affected portion may fall a height or during demolition of any building or during the zone of demolition at least one and one-half (1 1/2) times the alteration of any building where burning or cutting torches or height of the structure or remaining portion thereof spark-producing equipment is used. B. No person other than workmen essential to the § 103-36. Fire drills in educational and institutional operation of the equipment shall be suffered or permitted to occupancies. enter a zone of demolition. A. Fire drills shall be held at least once a month in C. Adequate barricades shall be erected wherever there educational occupancies where such occupancies constitute is a likelihood of persons other than essential workmen entering the major occupancy of a building. There shall be at least the zone of demolition. twelve (12) drills in each school year, eight (8) of which D. The controls of mechanical devices used in such required drills shall be held between September I and method of demolition shall be located and operated a safe and December I of each such year. At least one-third (1/3) of all reasonable distance from the point of demolition. such required drills shall be through use of fire escapes on E. Where a swinging weight is used, the supporting buildings where fire escapes are provided. cables shall be of such length or shall be so restrained that it is B. Fire drills in institutional occupancies shall be held at least not possible for the weight to swing against any structure than once every two (2) months where such occupancies constitute the structure the major occupancy of a building. During severe weather, fire being demolished.] drills may be postponed. A record of all fire drills shall be kept, ARTICLE V, Combustible and Explosive Materials and persons in charge of such occupancies shall file written § 103-39. Willfully contributing to production of fires; penalties, reports at least quarterly with the Bureau of Fire Prevention, exceptions. giving the time and date of each drill held. A. Whoever willfully shall throw, drop or place, or shall C. In educational occupancies, fire drills shall include cause or procure to be thrown, dropped or placed, in or upon complete evacuation of all persons from the building. In any building, incomplete building, dilapidated building, institutional occupancies, fire drill shall be conducted to structure, dilapidated structure and/or premises any device, familiarize operating personnel with their assigned positions of equipment or flammable or combustible liquid or material emergency duties; complete evacuation of occupants from the capable of producing fire, either by itself or by electrical, building at the time of the fire drill shall be required only where mechanical or chemical means or otherwise, shall be guilty of a it is practical and does not involve moving or disturbing persons violation of this Article. In addition to the punishment prescribed under medical care. therefor, he is liable for the cost for the response of the Fire § 103-37. Emergency drills on school buses. Department apparatus and manpower to the scene of the A. All schools using or contracting for school buses for violation and the cost of extinguishment by the Fire transporting of school children shall conduct two (2) Department. The cost of the response of the Fire Department emergency evacuation drills on buses during each school year. equipment, apparatus and manpower shall be estimated by the The first Commissioner of Fire and approved by the Comptroller of the City of Buffalo. This cost shall be recovered in a civil action demand of the Department of Fire when the above is classified against the person(s) and turned over to the general as a hazard. fund of the City of Buffalo. F. There shall be no smoking within the building or B. There is an exception for any building or premises structure storing or displaying Christmas trees. Proper commonly used for the storage of such materials and "prohibited smoking" signs shall be posted in compliance with substances. this Article. Heating, when necessary, of the building or § 103-40. Removal of materials when vacating premises. structure shall be in an approved manner. Every owner, tenant, occupant or other person in control of § 103-44. Manufacture of explosives prohibited. any premises or part thereof, when vacating such premises or No person shall manufacture within the City of Buffalo any part thereof in his control, shall leave such premises or part explosives. thereof free and clear of all combustible waste material, refuse § 103-45. Limitations on quantity of explosives permissible. or other combustible accumulations. No person shall use in a blasting operation a quantity of § 103-4 1. Removal or proper storage required. explosives greater than necessary to start the rock properly. No person making, using, storing or having in charge or The Bureau of Fire Prevention shall have the authority to under his control any shavings, excelsior, rubbish, sacks, bags, prescribe the maximum quantity of explosives to be used. litter, hay, straw, or combustible waste materials shall fall or § 103-46. Hours of blasting. neglect at the close of each day to cause all such material Blasting operations shall be conducted during daylight hours which is not compactly baled and stacked in an orderly manner except when authorized at other times by the Bureau of Fire to be removed from the building or stored in suitable vaults or Prevention. metal-lined, covered receptacles or bins. The Bureau of Fire § 103-47. Explosives and blasting agents at terminals. Prevention shall require suitable baling presses to be installed A. The Bureau of Fire Prevention may designate the in stores, apartment buildings, hotels, factories and all other location and specify the maximum quantity of explosives or places where accumulations of paper and combustible waste blasting agents which may be loaded, unloaded, reloaded or materials are not removed at least every second day, except temporarily retained at each terminal where such operations are where required by law to be removed daily. permitted. § 103-42. Storage of combustible materials. B. Shipments of explosives or blasting agents delivered Storage in buildings shall be orderly, shall have a minimum by carriers shall comply with Interstate Commerce Commission clearance of three (3) feet between storage and ceiling and regulations. shall be located so as not to endanger exit from the building. C. Carriers shall immediately notify the Bureau of Fire Storage of expanded or foamed combustible material shall also Prevention when explosives or blasting agents are received at have a minimum clear space of two (2) feet along building terminals. walls. Piles of expanded polyurethane shall not exceed ten (10) D. Carriers shall immediately notify the consignee of the feet in height or twenty thousand (20,000) cubic feet in volume. arrival of explosives or blasting agents at terminals. Other expanded plastics or rubber may be stored up to fifteen E. The consignee of a shipment of explosives or (15) feet high. Piles shall not exceed thirty (30) feet in width. blasting agents shall remove them from the carrier's terminal Storage exceeding one thousand (1,000) square feet shall be within forty-eight (48) hours, Sundays and holidays excluded, separated from process areas by a fire partition having a after being notified of their arrival. minimum of one-hour fire-resistance rating and all openings § 103-48. Prohibited explosives. therein protected by self-closing fire doors, and assemblies A. No person shall have, keep, store, sell or offer for having a minimum one-hour fire-resistance section shall be a sale, give away, use, transport or manufacture any of the minimum distance of ten (10) feet from any frame building and following explosives in any quantity: liquid nitroglycerin; high from any window, door or other opening within an adjoining explosives containing over sixty percent (60%) of nitroglycerin, structure or building. No single block or pile or storage shall except gelatin dynamite; high explosives having an contain more than twenty-five thousand (25,000) cubic feet unsatisfactory absorbent or one that permits leakage of exclusive of aisles or clearances. Blocks or piles of nitroglycerin under any condition liable to exist during combustible storage shall be separated from adjacent storage transportation or storage; nitrocellulose in a dry condition in a by aisles not less than five (5) feet j wide. Outside storage of quantity greater than ten (10) pounds in one (1) exterior any combustible materials as listed in this section shall be a package; fulminate of mercury in bulk in a dry condition and minimum distance of ten (10) feet from all city or state property. fulminate of all other metals in any condition except as a § 103-43. Storage of Christmas trees. component of manufactured articles not forbidden in this A. The storage or sale of cut resinous Christmas trees Article; or explosives containing an ammonium salt and (evergreen trees having needle-like leaves) in buildings or chlorate. structures used for residential occupancy and/or other B. The following section is part of Chapter 495, occupancy is hereby prohibited. Wharves, Harbors and Bridges: B. The storage or sale of Christmas trees as described § 495-28, in this section within a building or structure shall be limited to Explosives. No vessel laden in whole or in part with such buildings or structures one (1) story in height. explosives as defined in § 451 of the New York State Labor C. Storage of Christmas trees in buildings or on Law shall land at or make fast to any dock or wharf within the premises shall be orderly and shall be located so as not to harbors, canals and other public waters of the city or be within endanger exit from the building or premises. such harbors, canals and other public waters or discharge or D. Storage of Christmas trees outdoors shall not be more than take on a full or partial cargo of such explosives within said fifteen (15) feet in height, with a minimum distance of ten (10) limits except in accordance with such written permissions and feet from any frame building or structure and from any window regulations as provided in this Code and in or door opening within an adjoining structure or building. accordance with the laws and regulations of the United States E. All Christmas trees, branches or parts therefrom and government and the State of New York and their several any other accumulated waste combustible material shall be agencies pertaining thereto. The Bureau of Fire Prevention is removed from the premises and properly disposed of upon hereby authorized to prevent any vessel with such explosives termination of sales for the Christmas season and/or upon on board from making fast to any wharf or dock or unloading or loading such cargo within the limits aforesaid unless proper permissions have been granted. The Harbormaster shall render fire. No device commercially manufactured and used for the such assistance as requested by the Bureau of Fire Prevention purposes of illumination shall be deemed a "fire bomb." to carry out the provisions of this section. The prohibitions B. Any person who shall use, possess or manufacture, herein contained shall not be construed to interfere with the sell, offer for sale, give, transfer or transport fire bombs is in authorized procedures of the Armed Forces of the United violation of this Article. No person shall possess materials with States and the State of New York and the duly constituted the capability for the manufacture of fire bombs. police or firefighting forces of the state and its civil and political C. Nothing in this section shall prohibit the authorized subdivisions. manufacture, use or possession of any material, substance or § 103-49. Manufacture of small arms ammunition prohibited; device by a member of the Armed Forces of the United States, exceptions. fire A. No person shall manufacture within the limits of the fighters or law enforcement officers, nor does this section city any fixed ammunition for small arms. prohibit the manufacture, use or possession of any material, B. There is an exception for hand loading of small arms substance or device to be used solely for scientific research, ammunition prepared for personal use when not for resale. educational purposes or for any lawful purpose. § 103-50. Hand loading of small ammunition. § 103-54. Cellulose nitrate plastics prohibited. A. No persons shall engage in the hand loading of A. The storage, use, handling, keeping, manufacturing small arms ammunition except for private personal use only or sale of more than twenty-five (25) pounds of cellulose nitrate and not for resale. A reloading of small arms ammunition shall plastics (pyroxylin) within the City of Buffalo is hereby be limited to the use of sporting or smokeless prohibited. powder. An amount not in excess of five (5) pounds and in the B. Exceptions are that the display, sale, storage or original container may be kept in a building without storing such handling of cellulose nitrate plastic for eyeglass frames shall be powder in a magazine. An amount not in excess of ten (10) allowed. pounds stored in a magazine and one thousand (1,000) small ARTICLE VI, Prohibited Acts arms primers packed in containers approved by the Interstate § 103-55. [Prohibited uses. Commerce Commission may be kept in a building. Smoking A. No dwelling unit, rooming unit or dormitory shall be while handling powder is prohibited. Storage of powder shall be located within a building containing any establishment handling, inaccessible to children. dispensing or storing flammable liquids (except in compliance B. The hand loading of small arms ammunition is with the City Code) or producing toxic gases or vapors in any hereby prohibited in all buildings classified as multiple applicable quantity, which may dwellings or multiple housing. endanger the lives or safety of the occupants. § 103-51. Exceptions. B. It shall be prohibited to use for sleeping purposes Nothing contained in this Article shall be construed to any kitchen, nonhabitable space, public space or other space in prevent or interfere in any way with the sale of ammunition for which sleeping is dangerous or prejudicial to life or health by revolvers or pistols of any kind or for rifles, shotguns or other reason of arms belonging or which may belong to any person, whether as offensive, obnoxious or toxic gases or vapors in the room or sporting or hunting weapons or for the purposes of protecting building. him in his home. Nothing in this Article shall be construed to C. It shall be prohibited in any rooming house, lodging prohibit any resident wholesaler, dealer or jobber to sell at house, dormitory, hotel, motel, convalescent or nursing home or wholesale such fireworks as are not herein prohibited; or the any similar type of occupancy to use for dining purposes any sale of any kind of fireworks, provided that the same are to be communal kitchen containing less than one hundred (100) shipped directly out of state, in accordance with the Interstate square feet of floor area or any Commerce Commission regulations covering the transportation nonhabitable space or public space other than dining space. of explosives and other dangerous articles by motor, rail and D. It shall be prohibited to prepare meals in any dwelling water; or the use of fireworks by the railroads or other unit, dormitory or other room not designed and intended for transportation agencies for signal purposes or illumination; or cooking. the sale or use of blank cartridges for a show or theater or for E. Sleeping in cellar spaces. signal or ceremonial purposes in athletics or sports or for use (1) It shall be prohibited to use any cellar space for sleeping by military organizations. Such wholesalers, dealers and purposes, but all or part of such cellar may be used for storage jobbers shall store their supplies of fireworks in accordance or general utility purposes accessory to the occupancy, use or with this Code and will require a license as specified therein. management of the dwelling. § 103-52. Seizure of fireworks. (2) Exception. The prohibitions of this subsection shall The Bureau of Fire Prevention, acting with the aid of a not affect janitors' quarters or apartments existing in dwellings policeman, shall seize, take, remove or cause to be removed, at on November 1, 1949, that have not been altered, except in the expense of the owner, all stocks of fireworks offered or conformance with this Article, or have not been damaged to the exposed for sale, stored or held in violation of this Article and § extent of fifty percent (50%) or more or have not been vacant 270.00 of the Penal Law and deliver the same to the Magistrate for a period of one (1) year or more, and which shall meet the before whom the person arrested is required to be taken. requirements as set forth in this Article for light, ventilation, § 103-53. Firebombs. ceiling height, area, sanitation and egress. All existing janitors' A. Definitions. As used in this section, the following quarters or apartments that cannot meet the requirements as terms shall have the meanings indicated: outlined in this subsection shall be vacated within one (1) year FIRE BOMB -- A breakable container containing a flammable after the effective date of this Article. In addition to the liquid with a flash point of one hundred forty degrees requirements as outlined in this subsection for cellar Fahrenheit (140' F.) or less, having a wick or other device occupancy, it shall also be necessary to meet the requirements which is capable of igniting the flammable liquid; or any device relative to basement occupancy as outlined in the applicable with the capability of being used as a "fire bomb" whether city ordinances. manufactured of plastic, gelatin or any other usable material to (3) Definitions. As used in this section, the following create a similar effect and containing or having attached thereto terms shall have the meanings indicated: CELLAR -- Any any type of liquid or chemical capable of igniting and causing portion of a building where at least half the distance measured from the cellar floor to the finished cellar ceiling is below the Fuel-burning water heaters shall not be located in sleeping finished elevation of ground adjoining. rooms, bathrooms or toilet rooms. Existing fuel-burning water F. No basement space shall be used as a habitable heaters located in bedrooms, bathrooms or toilet rooms shall be room unless, in addition to the other lawfully relocated within one (1) year from the effective date of provisions of this Article: this Article. (1) Floors and walls are constructed so as to be ARTICLE VII, [Roofing] impervious to leakage of underground and surface runoff water § 103-58. [Roofing. and insulated against dampness. A. Upon application for a building permit involving the repair or (2) The habitable room or dwelling unit shall meet all alteration of an existing roof on any frame, structure or building requirements for light, ventilation, ceiling height, area, sanitation in the City of Buffalo, the applicant shall inspect the and egress of this Article. roof-covering surface and report the number of layers to the (3) The required minimum window area shall be located Division of Inspections, Licenses and Permits prior to the entirely above the finished elevation of the ground adjoining the issuance of any permit. In no event shall the layers of any building wall in which the windows are located or in a proper roofing materials, including without limitation wood, wood light and air well to meet the minimum lighting and ventilation shingle, clay, asphalt or fiberglass roofing requirements of this Article. materials, exceed three layers without the prior written (4) Each habitable room or dwelling unit used in a permission of the Commissioner of Community Development or basement occupancy shall be separated from the heating his designee. If a permit application and the work described equipment, incinerators or other equally hazardous equipment therein request the placement of any roofing by a separation having a fire-retarded rating of at least one (1) materials, including without limitation wood, wood shingle, hour. slate, clay, asphalt or fiberglass roofing materials, in excess of (5) Access to each habitable room or dwelling unit shall three layers or request the placement of any roofing materials be gained without passage through a furnace or boiler room. upon an existing slate roof, the applicant shall provide plans, (6) The use of basements shall not be allowed for specifications, structural drawings and load calculations habitable space where required windows are located only on describing the proposed work and any other information as may one (1) wall and the depth of the basement space exceeds four be reasonably requested by the Commissioner of Community (4) times its clear height. Development or his designee in order to meet the requirements (7) The continued use of any basement for habitable of this section. Such plans, specifications, structural drawings rooms or dwelling units that cannot meet the requirements of and load calculations shall be certified by a New York State this Article shall be unlawful one (1) year after the effective date certified structural engineer and shall be subject to the approval of this Article. of the Commissioner of Community Development or his G. The use of any room or space for sleeping purposes shall designee. Such approval shall take place prior to the issuance be prohibited if such room or space contains appliances or of the pen-nit, and the results of the applicant's inspection, the equipment used for space heating, employing exposed open certified plans, specifications, structural drawings and load flames that are not protected or properly enclosed, such as gas calculations shall be maintained by the Commissioner of cooking stoves, or gas unit heaters. Community Development or his designee, and such information H. No room used permanently for the storage, shall be recorded on any permit that may be issued. preparation or serving of foods shall be used for sleeping B. In the event that the applicant's inspection reveals purposes. three or more layers of roofing material, such roof-covering 1. No room containing a water closet or urinal shall be layers shall be completely removed to the sheathing or roof used for sleeping purposes.] batten portion of the roof assembly. No partial tear off of § 103-56. Prohibited storage and accumulations. roof-covering layers will be permitted. If roof sheathing, rafter A. It shall be prohibited to use any dwelling or any part replacement and eave repairs are required, they shall be thereof for the keeping, storing, handling or accumulating of the performed in accordance with standard construction industry following: practices as determined by the Commissioner of (1) Any highly flammable or explosive matter, such as Community Development or his designee. paints, volatile oils, cleaning fluids, liquid petroleum gases and C. Existing roofs containing rotted, unsecured or structurally similar materials, except in conformity with provisions unsound materials shall not be repaired or altered without first prescribed by the Fire Department and under the authority of a removing such materials, and in no event shall such materials written permit issued by this Department. be covered by any other roofing materials. (2) Any combustible refuse liable to spontaneous D. A violation of this section shall require removal by the combustion, including, but not limited to, wastepaper, rags, owner or contractor of any materials placed in violation of this straw, hay, sawdust, etc. section, and such removal shall be performed at their expense. (3) Any other articles dangerous or detrimental to life or Additionally, a violation of this section shall be subject to the health. general penalties as stated in Buffalo Code § 1- 15.] (4) The accumulation or storage of materials on fire ARTICLE V111, Communications Towers and Antennas escapes or stairs and stairways or passageways, at doors or § 103-58. 1. Legislative intent. windows or in any other location where, in the event of fire, The intent of this article is to establish guidelines for the such materials may obstruct egress of occupants or interfere location of communications towers and antennas to protect with fire-fighting operations. residential areas and land uses by minimizing potential adverse B. This section shall not include paints and other impacts of communications towers and antennas; encourage materials used for the maintenance and decoration of the the location of communications towers and antennas in premises. All combustible paints and thinners, etc., in excess nonresidential areas; minimize the total number of of ten (10) gallons communications towers throughout the City of Buffalo by Stored in a dwelling for periods over thirty (30) days for encouraging collocation on any new or existing maintenance of the premises, shall be kept in metal cabinets or communications towers; encourage the location of approved storage rooms that meet the requirements of the communications towers and antennas in areas where any applicable city ordinances. adverse impact on the community is minimal; encourage the § 103-57. Prohibited locations for water heaters. construction and use of communications towers and antennas in a way that minimizes the adverse visual impact of the Development] Public Works, Parks and Streets to determine communications towers and antennas through careful design, whether any portion of the backhaul network is within city siting and landscape screening; enhance the ability of the night-of-way and describing where the lines providing service to providers of telecommunications services to provide such the telecommunications tower or antenna cross city services to the community in a quick, effective and efficient right-of-way. manner; and protect the public health and safety by ensuring (4) Sufficient proof that the applicant is a licensed FCC that communications towers and antennas are constructed and telecommunications provider or has in place agreements with located in a safe manner. an FCC licensed telecommunications provider for use or lease § 103-59. Definitions. of the communications tower or antenna. The definitions applicable to this article are contained in Article (5) A statement by the applicant certifying that the XXIX of Buffalo Code Chapter 511, in addition to the general communications tower and/or antenna and any equipment used definitions applicable to the Code of the City of Buffalo. therewith will be operated in accordance with the requirements § 103-60. Pen-nit required for communications towers and of the license issued by the FCC and will comply with any and antennas application. all applicable regulations promulgated by the FCC. Such A. General. All newly constructed, relocated, rebuilt or statement shall be accompanied by any information submitted extended communications towers and antennas shall comply to the FCC or other agencies relating to the environmental with the provisions of this article. No person shall construct, evaluation of electromagnetic radiation and/or radio frequency maintain emissions and exposure from the applicant's facilities. The or operate a communications tower or antenna without Commissioner of the Department of [Community Development] complying with the provisions of this article. Permit and Inspection Services may require the applicant to B. Application for a building permit for communications submit a safety analysis of the applicant's facilities and the towers and antennas. All persons seeking to construct, locate, environment surrounding the proposed communications tower rebuild, relocate or extend a communications tower and or antenna prepared by a qualified individual, or other antenna in the City of Buffalo shall make written application to appropriate information, to ensure that such emissions and the Commissioner of [the Department of Community exposure do not exceed applicable federal standards. Development] Permit and Inspection Services for a building (6) A completed environment assessment form permit. The application shall include the following information (7) The appropriate fee as established by the Common and items: Council. (See Buffalo Code Chapter 175, Fees.) (1) An inventory of its existing communications towers (8) Evidence to demonstrate that the proposed location and antennas and sites approved for communications towers of the communications tower or antenna is necessary to and antennas that are within the jurisdiction of the City of provide telecommunications services. Such evidence shall Buffalo and within one mile of the border thereof, including include a search ring which depicts a map demonstrating the detailed information about the location, height and design of area within which the communications tower or antenna needs each communications tower and antenna. to be located in order to provide proper signal strength and (2) A detailed site plan for the proposed coverage. Such evidence shall also include propagation studies communications tower or antenna showing, at a minimum, the demonstrating existing signal coverage contrasted with the exact location of the proposed communications tower or proposed signal coverage resulting from the proposed antenna together with guy wires and anchors, if applicable; the communications tower or antenna. The Commissioner of the maximum height of the proposed communications tower; a Department of [Community Development] Permit and description of the communications tower type, such as Inspection Services may require that the applicant submit a monopole, lattice, guyed or other type; the color of the search ring and propagation study prepared and approved by a communications tower and antenna; the location, type and qualified radio frequency engineer, professional engineer or intensity of any proposed lighting on the communications tower other qualified individual. or antenna; a property survey identifying the property (9) In the event that the applicant is seeking approval for boundaries of the proposed location; the location of all an antenna to be mounted or attached on an existing structures on the property and all structures on any adjacent communications tower, building or structure, the applicant shall property within 100 feet of the property lines, together with the provide a structural analysis verifying the ability of the distance of these structures to the communications tower or communications tower, building or structure to handle the antenna; the names of adjacent landowners; the location, antenna. nature and extent of proposed fencing, landscaping and (10) Evidence to demonstrate that the height requested for the screening; the location and nature of proposed utility proposed communications tower or antenna is the minimum easements and access roads, if applicable; and building height necessary. elevations of accessory structures or immediately adjacent (11) Evidence to demonstrate the applicant's reasons for buildings. If the applicant does not own the property at the selecting the proposed location and the availability or lack of proposed location, the applicant shall provide the name and availability of a suitable structure within the applicant's search address of the owner and proof of the owner's consent which ring of the city which would have allowed for a collocated shall be evidenced by the owner's signature on the application antenna or mounting on an or by a separate notarized written instrument setting forth the existing structure. The applicant shall provide information owner's consent and authorizing the application. In the event showing that it has made a good faith and diligent effort to that the ownership of the property changes after the filing of the collocate on existing towers or other available and appropriate application, the applicant shall notify the Commissioner of [the structures and/or to construct new communications towers and Department of Community Development] Permit and Inspection antennas near existing communications towers and antennas Services of this change and identify the name and address of in an effort to consolidate by, among other things, submitting the new owner. correspondence which has been presented by the applicant to (3) A description of the backhaul network identifying the other telecommunications providers requesting collocation. entity providing service to the telecommunications tower and (12) In the event that the proposed location is in an historic antenna and describing the location of the lines providing such district designated under Buffalo Code 337, that the applicant service. Such description shall include information sufficient for shall submit proof that a certificate of appropriateness has the Commissioner of the Department of [Community been obtained. (13) The applicant must submit a copy of its policy regarding G. Upon request of the Commissioner or his designee, collocation on any proposed communications tower or antenna but not more frequently that once a year, any person issued a with other potential future applicants. Such policy should at a permit under this article shall submit an updated safety analysis minimum allow collocation in the event that the new to ensure that the electromagnetic radiation exposure and communications tower or antenna does not exceed structural emissions surrounding the site do not exceed applicable loading requirements and that the party desiring to collocate federal standards and continue to meet such standards. Such has a similar policy for collocation for the applicant. analysis shall be prepared by a qualified electromagnetic (14) Any other information as may be reasonably engineering specialist or health professional qualified to requested by the Commissioner of the Department of conduct such an analysis. [Community Development -Permit and Inspection Services. § 103-63. Decision on application by Commissioner. § 103-61. Referral to City Planning Board or other appropriate A. The Commissioner shall respond to an application city agencies. filed under this article within 90 days after receiving it by either The Commissioner of the Department of [Community approving the application and granting a building permit or Development] Permit and lnsection Services shall refer the denying the application. The ninety-day period may be extended application to the City Planning Board. The City Planning Board by the Commissioner upon good cause. is hereby authorized to make recommendations to the B. The Commissioner shall base his decision on the Commissioner of the Department of [Community Development] following criteria: Pen-nit and Inspection Services to fulfill the intent and purpose (1) That the applicant has complied with the of this article and the Commissioner may include such requirements of this article. recommendations as conditions to any permit issued under this (2) That a review under the State Environmental Quality article. The Commissioner may also refer the application to Review Act has been conducted. other appropriate agencies, including but not limited to the (3) That the proposed location meets the zoning Department of Public Works and the Zoning Board of Appeals. requirements contained in Buffalo Code Chapter 511, Article § 103-62. General standards for communications towers and XXIX. antennas. (4) That all necessary referrals and approvals have been A. All communications towers and antennas shall be performed and obtained. constructed in accordance with all applicable laws, rules and C. Denial of application. Any denial of an application by regulations and maintained in good order and repair. the Commissioner shall be made in writing and B. All communications towers and antennas must contained in a written record specifying the reasons for the comply with the provisions of Buffalo Code Chapter 511, Article denial. XXIX. § 103-64. City-owned locations. C. The applicant must comply with all applicable state In addition to complying with the requirements of this article, and federal regulations, including but not limited to FAA and any applicant desiring to construct, operate or maintain a FCC regulations. Any permit or authorization granted communications tower and antenna on a city-owned location hereunder shall be shall enter into a lease for the property subject to terms and conditioned on the applicant's operation of the facility in conditions as may be negotiated. accordance with all provisions of its FCC license and all § 103-65. Severability. applicable FCC rules and regulations. If any clause, sentence, paragraph or part of this ordinance or D. During the application process and every three years application thereof to any person or circumstance shall be after construction or placement of a communications tower or adjudged by any court to be invalid, such judgment shall not antenna, the applicant/owner shall provide a certification from a affect, impair or invalidate the remainder thereof or the qualified professional engineer registered in the State of New application thereof to other persons and circumstances but York certifying that the communications tower or antenna shall be confined in its operation to the clause, sentence, meets applicable structural safety standards. paragraph or part thereof and the persons and circumstances E. The applicant shall agree to remove the directly involved in the controversy in which such judgment communications tower or antenna if it becomes technically shall have been rendered. obsolete or ceases to be used for its intended purpose for six ARTICLE IX, Exterior Inspection of Masonry Buildings consecutive months. The Commissioner of [the Department of § 103-66. Applicability. Community Development] Permit and Inspection Services shall Notwithstanding any other applicable law, rule or regulation, require the applicant to provide a demolition bond, in a form within one year of the effective date of this article every owner approved by the Law Department, in an amount of at least the of a building greater than 2 1/2 stories or 40 feet in height cost of removing the tower or antenna. The cost of the removal which has a masonry or masonry veneer exterior shall cause to shall be certified by a New York State licensed professional be conducted an examination of the exterior of the building and engineer. In no event shall the amount of the bond be less than shall submit an examination report to the Commissioner of the cost of removal in the event that the applicant fails to [Community Development] Permit and Inspection Services in remove the communications tower or antenna. The accordance with the provisions of this article every five years. sufficiency of the bond shall be confirmed at least every five § 103-67. Definition. years by an analysis conducted by a New York State licensed As used in this article, the following terms shall have the professional engineer. If the bond amount in force is meanings indicated: insufficient to cover the cost of demolition and removal, it shall MASONRY -- A construction of units of such materials as clay, be immediately increased to cover such amount. shale, concrete, glass, gypsum or stone, set in mortar, F. Prior to obtaining a building permit under this article, including plain concrete, but excluding reinforced concrete. the applicant shall certify that all franchises and licenses § 103-68. Exterior examination required. required by any governmental entity, including the City of Every owner of a building subject to the provisions of this Buffalo, have been obtained and shall file a copy of all required article shall cause to be conducted an examination of the franchises and licenses with the Commissioner of the exterior of the building in accordance with the following Department of [Community Development] Permit and provisions:. Inspection Services . A. The examination shall be conducted by a New York State licensed architect or New York State licensed professional engineer or an individual under their direct comply with the requirements of this article within five years supervision. after the date that the building is erected and each subsequent B. The examination shall consist of an extensive five years thereafter. inspection of the exterior masonry walls and masonry § 103-72. Penalties for offenses. appurtenances of the building. Every person, firm of corporation who shall violate the C. The Commissioner of [Community Development] provisions of this article shall be subject to the a fine or penalty Pen-nit and Inspection Services may issue rules and as provided in § 1- 15 of the Code of the City of Buffalo. regulations governing the examination. § 103-73. Effective date. § 103-69. Examination report required. The effective date of this article is November 1, 1997. Every owner of a building subject to the provisions of this NOTE: Matter in brackets to be deleted: article shall submit an examination report to the Commissioner matter underlined is new. of [Community Development] Permit and Inspection Services REFERRED TO THE COMMITTEE ON LEGISLATION following the examination as required under § 103-68 of this article. The examination report shall comply with the following provisions: NO. 126 A. The examination report shall identify the owner's BY: MR. FONTANA name, address and telephone number and any agent's name ORDINANCE AMENDMENT address and telephone number. The address given shall not be CHAPTER 105 - BUILDINGS, HIGH-RISE a post office box. The Department of [Community The Common Council of the City of Buffalo does hereby Development] Permit and Inspection Services and the ordain as follows: Department of Assessment shall be promptly notified of any That Chapter 105 of the Code of the City of Buffalo be change in the owner or agent's name, address and telephone amended to read as follows: number. Deletions available for review in the City Clerk’s Office B. The examination report shall contain an affidavit of REFERRED TO THE COMMITTEE ON LEGISLATION the New York State licensed architect or New York State NOTE: Matter in strikethrough to be deleted. licensed professional engineer who conducted the examination pursuant to § 103-68 of this article, certifying the condition of NO. 127 the exterior masonry walls and BY: MR. FONTANA masonry appurtenances of the building. The affidavit shall ORDINANCE AMENDMENT include but not be limited to a statement describing any areas CHAPTER 109 - BUILDINGS, NUMBERING OF of deterioration, movement or unsafe conditions and shall The Common Council of the City of Buffalo does hereby describe the water tightness of the exterior surfaces. The ordain as follows: affidavit shall bear the professional seal That Section 109-1 of Chapter 109 of the Code of the City of of the New York State licensed architect or New York State Buffalo be amended to read as follows: licensed professional engineer who conducted the examination § 109- 1. Display of number required; specifications. pursuant to § 103-68 of this article. Deletions available for review in The City Clerk’s Office C. The Commissioner of [Community Development] Buildings shall have address numbers positioned to be plainly Permit and Inspection Services may issue rules and legible and visible from the street or road fronting the property. regulations governing the examination report. These numbers, consisting of Arabic numerals or § 103-70. Repairs required. alphabet letters, shall Contrast with their background and be a A. Notwithstanding any other applicable law, rule or minimum of 4 inches (102 mm) high with a minimum stroke regulation, in the event that the examination report reveals width of 0.5 inch (12.7 mm). significant deterioration, movement or an unsafe condition as REFERRED TO THE COMMITTEE ON LEGISLATION determined by the discretion of the New York State licensed NOTE: Matter in strikethrough to be deleted; matter underlined architect or New York State is new. licensed professional engineer who conducted the examination pursuant to § 103-68 of this article, the owner shall immediately NO. 128 cause the same to be repaired in conformity with all applicable BY: MR. FONTANA laws, rules and regulations. ORDINANCE AMENDMENT B. Notwithstanding any other applicable law, rule or CHAPTER 111 - BUILDINGS, PUBLIC regulation, in the event that the examination report reveals The Common Council of the City of Buffalo does hereby ordain significant deterioration, movement or an unsafe condition as as follows: determined by the Commissioner of [Community Development] That Chapter 111 of the Code of the City of Buffalo be Permit and Inspection Services the owner shall, upon notice amended to read as follows: from the Commissioner of [Community Development] Permit ARTICLE 1, Inspections and Inspection Services or his designee, immediately cause § 111 - 1. Annual inspection required. the same to be repaired in conformity A. It shall be the duty of the Bureau of Fire Prevention with all applicable laws, rules and regulations. If the owner shall and the Commissioner of Public Works, Parks and Streets to neglect or refuse to make such repairs within five days after inspect certain public buildings on at least an annual basis to such notice, the Department of [Community Development] ensure that such public buildings are in compliance with Permit Chapter 103, Article 1, of the Code and all other applicable and Inspection Services may cause the same to be made and laws. the expense shall be assessed upon the premises upon which B. These buildings shall include: Buffalo City Hall, the building stands in accordance with Chapter 113 of the the Shea's O'Connell Center for- the Performing Arts, Code of the City of Buffalo or take any other action authorized Buffalo Memorial Auditorium, Kleinhans Music Hall and by law. the Buffalo § 103-71. Buildings erected after effective date of article. Convention Center Every owner of a building erected after the effective date of this ARTICLE 11, General Health Requirements article which is subject to the provisions of this article shall § 111-2. Definitions. (1) Affirm his original determination; As used in this Article, the following terms shall have the (2) Modify the specifications of his original meanings indicated: determination; or PUBLIC BUILDINGS -- Any building or part thereof used as a (3) Vacate the original notice. theater, auditorium, moving picture or vaudeville showhouse, C. In the event that the Commissioner shall affirm or dance hall, skating rink, assembly hall, school, church, waiting modify his original determination, notice thereof shall be room, exposition and, exhibition halls, buildings used for the served upon those who appeared at the hearing in the manner sale, at retail, of dry goods and other articles of general prescribed by § 113 -9 of this chapter within three (3) days merchandise, saloons or other drinking places, public after the hearing, and the order to repair, remove or demolish in laundries, restaurants, office buildings and other buildings to the original notice shall remain in full force and effect subject which the public resort, but not applying to public school only to those specifications modified pursuant to this section. buildings, governed by separate laws, ordinances or D. If the owner or any other person having an interest in regulations. the building or structures described in said notice § 111-3. Compliance required. shall thereafter fail to comply with the original notice or with the No person, being the owner, proprietor, occupant, lessee, original notice as manager or superintendent of any public building in the city, modified pursuant to Subsection B of this section, as the case shall cause, permit or allow any room or space therein to be may be, within thirty (30) days from the service of said original overcrowded or to be inadequate, faulty or insufficient in notice, the City of Buffalo shall cause said building or structure respect to ventilation and sanitation. or any part or parts thereof to be repaired, § 111-8. Cleaning. demolished or removed, as may be determined in the discretion A. The floor, when covered with wood, tile, stone of the Commissioner. All costs and expenses incurred by the concrete, linoleum or other washable material shall be mopped city in connection with the proceedings to repair, demolish or or scrubbed with water or swept with moisture or by some other remove such building or structure or part or parts thereof, dustless method at least once daily, when in use, and shall be including the cost of actually removing or demolishing the scrubbed with water and soap or water and some other solvent same, shall be assessed against the land on substance at least once weekly. Carpets, rugs and other fabric which such building or structure is located. floor covering shall be cleaned at least once daily by means of § 113 -11. Filing of notice. suction cleaning, beating or dustless sweeping Curtains and A. The Commissioner shall file a copy of the notice draperies shall be cleaned at least once monthly by suction provided for under § 113-9 in the office of the County Clerk of cleaning, beating washing. Cornices, walls and other the County of Erie within three (3) days after service under § dust-holding places shall be kept free from dust by suction113-9 is complete. Such notice shall be filed by such Clerk in cleaning, washing or moist wiping. the same manner as a notice of pendency pursuant to Article B. The wood and all metal parts of all seats shall kept 65 of the Civil Practice Law and Rules and shall have the same clean. Fabric upholstering of seats and railings effect as a notice of pendency as therein provided, except as and other fixed fabrics shall be cleaned by suction cleaning otherwise provided in this section. A notice so or other dustless method at least once monthly. Toilet rooms filed shall be effective for a period of one (1) year from the date shall be kept sanitary at all times. of filing; provided, however, that it may be vacated upon the NOTE: Matter in bold to be deleted; matter underlined is new. order of a Judge or Justice of a court of record or upon the REFERRED TO THE COMMITTEE ON LEGISLATION consent of the Corporation Counsel of the City of Buffalo. The Clerk of the County of Erie shall mark such notice and any NO. 129 record or docket thereof as canceled of record upon the BY: MR. FONTANA presentation and filing of such consent or of a certified copy of ORDINANCE AMENDMENT such order. CHAPTER 113 - BUILDINGS, UNSAFE B. Where the Commissioner determines to vacate the The Common Council of the City of Buffalo does hereby ordain original notice pursuant to § 113-10 of this chapter, the as follows: Corporation Counsel of the City of Buffalo shall forthwith file a That Chapter 113 of the Code of the City of Buffalo be consent thereto amended to read as follows: pursuant to Subsection A of this section. § 113-10. Hearings. Deletions available for review in the City Clerk’s Office A. The notice aforementioned shall also contain the time and NOTE: Matter in strikethrough to be deleted; matter underlined place at which a hearing will be granted before the is new. Commissioner or his designed designee to the owner and REFERRED TO THE COMMITTEE ON LEGISLATION such other persons having an interest in the property or structure NO. 130 described in the notice, at which time and place the owner and BY: MR. FONTANA such other persons having an interest in the property or ORDINANCE AMENDMENT structure shall be afforded the opportunity to present testimony CHAPTER 140 - COLLECTION AGENCIES and evidence regarding the conditions of the property, with The Common Council of the City of Buffalo does hereby reference to those particulars contained in the aforementioned ordain as follows: notice which are alleged by the Commissioner to endanger the That Chapter 140 of the Code of the City of Buffalo be health, safety or welfare of the public. The time of said hearing amended to read as follows: shall be specified on a date no sooner than five (5) days after § 140- 1. License required. the service of the notice and no later than the 10th day after No person, firm or corporation shall collect, advertise to collect, service thereof attempt to collect or hold himself or itself out as able or willing B. If the owner or any person having an interest in the to collect, for hire or remuneration in any form, any bill, debt, property or structure involved submits evidence at demand, sum of money or other thing of value due or claimed such hearing before the Commissioner, the to be due or owing to any other person, firm or corporation or Commissioner shall thereafter make a conduct the business commonly known as a "collection further determination which shall: agency" without first having obtained a license so to do as hereinafter set forth, provided, however, that the provisions of § 140-7. Renewal of license. this chapter shall not apply to an attorney at law engaged in the Each license issued pursuant to the provisions of this chapter practice of his profession; to any banker, bank or banking may be renewed biennially by the [Director of Housing and institution acting within the limits of his or its authority as Inspections] Commissioner of Permit and Inspection Services prescribed by law; nor to any person, group of persons, firm or upon the payment of a license fee and the filing of the bond corporation engaged in the collection only of debts, demands, required by this chapter. The [Director of Housing and sums of money or things of value which are the exclusive Inspections] Commissioner of Permit and Inspection Services property of the person, group of persons, firm or corporation may, for reasonable cause, decline to renew any such license. attempting to make such collection. § 140-8. Revocation of license. § 140-2. Application. The [Director of Housing and Inspections] Commissioner of A. Any person, firm or corporation not exempted from Permit and Inspection Services may revoke for cause any the provisions of this chapter who desires to engage as a license issued pursuant to this chapter in accordance with the business in the collection of bills, debts, demands, sums of powers vested in him under the provisions of Section [ 185] money or other 17-2 of the Charter of the City of Buffalo. The charging or things of value, for hire or for remuneration in any form, demanding of a greater fee than specified in the schedule of shall make application, in writing, to the [Director of Housing rates set forth in the application for making or attempting to and Inspections] Commissioner of Permit and Inspection make any collection shall be deemed a violation of this chapter Services for a license so to do upon blanks to be furnished by and shall be grounds for the revocation of a license. Each said [Director] Commissioner. licensee shall duly account and pay over to any person, B. The application shall set forth the name or names of copartnership, association or corporation entitled thereto all the applicants and their addresses and, in the case of a moneys and things of value received or collected by any such corporation, the names and addresses of the corporation and licensee in the business conducted under any such license, of the principal officers thereof, together with a statement in and failure so to do shall be deemed a violation of this chapter detail of the character of the business proposed to be carried and shall be grounds for revocation of a license. on, the location of the applicant's principal place of business § 140-9. Bond. and its principal place of business in the City of Buffalo, if it Every applicant for a collection agency license or any renewal maintains an office or offices elsewhere. The application shall thereof shall deposit with the [Director of Housing and set forth a schedule of rates proposed to be charged for Inspections] Commissioner of Permit and Inspection Services, making collections and whether any charge is to be made before the time of issuance of each such license or any where no collection is effected and, if so, the amount thereof. It renewal thereof, a bond in the penal sum of five thousand shall also dollars ($5,000.), payable to the City of Buffalo, to be executed set forth the character and location of the business in which the by the applicant as principal and by a duly incorporated surety applicant has been engaged for the five (5) years company authorized to do business in the State of New York as immediately preceding such application and, if not engaged in surety, which shall be duly approved as to form by the any business, the names and addresses, if any, of the Corporation Counsel and as to sufficiency by the Comptroller. applicant's employers during such five-year period. The The conditions of said bond and the form thereof shall be as application shall disclose the financial responsibility of the follows: applicant and whether he or it has COLLECTION AGENCY BOND ever been convicted of any crime and, if so, when and where, KNOW ALL MEN BY THESE PRESENTS the nature of the offense and the disposition made thereof. That we, principal, and a corporation duly authorized to do C. The application shall be signed and sworn to. business in the City of Buffalo, County of Erie and State of § 140-3. Investigation of applicant. New York, surety, are held and firmly bound unto the City of Upon receipt of such application, the [Director of Housing and Buffalo in the penal sum of five thousand dollars ($5,000.), Inspections] Commissioner of Permit and Inspection Services lawful money of the United States of shall cause to be made a careful inquiry concerning the America, to be paid to said City of Buffalo, its certain attorney applicant and the statements set forth in the application. The or assigns, for which payment, well and truly to be made, said Director may also make such further inquiry concerning the principal and surety bind themselves, their and each of their financial responsibility and character of the applicant and the heirs, executors, administrators, successors and assigns, nature of the business proposed to be conducted as he deems jointly and severally, firmly by these presents. appropriate. SIGNED, SEALED with our seals, and dated this § 140-4. Issuance of license. day of in the year of our Lord [ 19] 20 If the application is approved, the [Director of Housing and WHEREAS, the above-bounden principal has applied to the Inspections] Commissioner of Permit and Inspection Services City of Buffalo for a collection agency license pursuant to the shall issue to the applicant a license to conduct a collection provisions of Chapter 140 of the Code of the City of Buffalo, agency at the location set forth in the application, subject to any and said chapter requires this bond as a condition of granting conditions in reference thereto imposed by him, upon the such license; payment by the applicant of the license fee and the filing of the NOW, THEREFORE, THE CONDITION OF THIS bond required by this Article. On a quarterly basis, the [Director OBLIGATION IS SUCH that if said principal, , shall in all of Housing and Inspections] Commissioner of Permit and things well and truly and faithfully comply with the provisions, Inspection Services shall report to the Common Council all conditions and requirements of Chapter 140 of the Code of the such licenses granted herein. City of Buffalo, as amended, relating to collection agencies and § 140-5. Expiration of license. shall pay all damages occasioned to any person by reason of Each license issued pursuant to this chapter shall expire on the any misstatement, misrepresentation, fraud or deceit or any 30th day of the second September next following its issuance. unlawful act or omission of said , his agents or employees, § 140-6. Fees. while acting within the scope of their employment, made, The fee for each license issued pursuant to this chapter shall committed or omitted in the business conducted under such be as provided in Chapter 175, Fees, and shall be paid by the license or caused by any other violation of said chapter in applicant before the issuance of the license or any renewal carrying on the business for which such license is granted, thereof then this obligation shall be void; otherwise to be and remain in full force and effect; provided, however, and it is expressly members of the Board shall be appointed by the Mayor subject understood and agreed, that any person, copartnership, to confirmation by the Common Council. The Mayor shall have association or corporation damaged by reason of the failure of the power to remove appointed members for reasons stated in the principal to perform and fulfill the foregoing conditions of writing and after an opportunity to be heard, and he shall also this bond may maintain an action to recover such damages possess the power to fill any vacancy occurring for the against the unexpired term of a member with a person having the same obligors in this bond in the same manner as though any such minimum qualifications. One (1) member of the Board shall be person, copartnership, association or corporation were designated by the Mayor as Chairman, and the designation specifically named therein, provided that such action is brought may be changed from time to time. within one (1) year after the time the cause of action accrued. B. Terms of office. The appointed members shall serve for (Signatures, seals, acknowledgments, powers of attorney, terms of one (1), two (2), three (3), four (4) and five (5) years, financial statements, etc., to be affixed to the foregoing.) respectively, in the order in which such appointments are made § 140-10. Location for conducting business. by the Mayor. The successors to the original appointees shall No collection agency business shall be conduced at any serve thereafter for terms of three (3) years. location other than the location specified in the license. The C. Meetings. The Board shall hold at least one (1) meeting [Director of Housing and Inspections] Commissioner of Permit each calendar month at a time fixed by rule or resolution of said and Inspection Services may approve a change in the location Board and shall also meet at the call of the Chairman of the of the place of business specified in any such license upon Board. written application therefor by the licensee to said [Director] D. Election of officers and records of proceedings. Said Board Commissioner. shall elect its own officers and shall keep or cause to be kept a § 140-11. Transferability of licenses. full and complete record of all its proceedings. The records of No license shall be transferred from a licensee to any other said Board shall be open to public inspection during business person, copartnership, firm or corporation. hours. § 140-12. Revisions to schedule of rates. § 143-3. License required. The [Director of Housing and Inspections] Commissioner of A. No person shall represent or hold himself out to be a Permit and Inspection Services, in his discretion, may approve licensed consumer electronics repair technician unless duly revisions in the schedule of rates set forth in the application of licensed under the provisions of this chapter. a licensee to be charged for services rendered upon the B. After April 1, 1990, any person holding himself out licensee filing, in duplicate, with said [Director] Commissioner a as engaged in the servicing of consumer electronics and in the new revised schedule of such rates, which shall contain a installation and/or servicing of microwave ovens, antennas and complete statement of all rates, both revised and unrevised, satellite dishes shall be licensed as a consumer electronics proposed to be charged by the licensee. Each such revised technician. schedule shall be signed and sworn to by the licensee. No C. After April 1, 1990, one engaged solely in the such revised schedule shall take effect unless and until the installation and/or servicing of reception antennas and/or [Director of Housing and Inspections] Commissioner of Permit satellite dish receptors may, in lieu of the license enumerated in and Inspection Services shall signify his approval thereof in Subsection B above, be licensed solely for that writing on one (1) of the duplicate copies of said revised purpose. In such event, the license received shall be clearly schedule so filed with him and shall deliver the same to the stamped: "Reception Equipment Installation and Repair Only." licensee. D. After April 1, 1990, one engaged solely in the NOTE: Matter in brackets [ ]to be deleted; matter underlined is installation and/or servicing of microwave ovens and no other new. consumer electronics as defined herein may, in lieu of the REFERRED TO THE COMMITTEE ON LEGISLATION license enumerated in Subsection B above, be licensed solely for that purpose. In NO. 131 such event, the license received shall be clearly stamped: BY: MR. FONTANA "Microwave Installation and Repair Only." ORDINANCE AMENDMENT § 143-4. Application for license. CHAPTER 143 - CONSUMER ELECTRONICS Each person, as defined by this chapter, who is required to INSTALLATION AND REPAIR obtain a license under the provisions hereof shall make The Common Council of the City of Buffalo does hereby application, in writing, on forms provided by the Board. Said ordain as follows: application shall be signed by the applicant under oath and That Chapter 143 of the Code of the City of Buffalo be shall contain information prescribed by the rules and amended to read as follows: regulations of the Board. § 143-1. Definitions. § 143-5. Eligibility for examination. As used in this chapter, the following terms shall have the An applicant shall be deemed qualified to take the meanings indicated: examination for consumer electronics technician herein BOARD -- The Board of Consumer Electronics. provided for if he is of good moral character and is able to CONSUMER ELECTRONICS -- Items which shall include furnish satisfactory proof that he has either of the following televisions, radios, phonographs, videocassette recorders qualifications: (VCR's) and compact disc players (CD's) and shall also A. That the applicant, prior to his application, was include the installation and repair of satellite dish receptors and engaged as an apprentice licensed under the provisions of this antennas and microwave oven repair. chapter in servicing consumer electronics equipment under the PERSON -- Includes any person, firm, corporation, supervision association, partnership, company or organization of any kind. of a person having the qualifications prescribed hereby for SERVICE -- The maintenance, repair, replacement, testing, consumer electronics technician for the period of four thousand inspection and modification of consumer electronics (4,000) hours. equipment. B. In the case of applicants for licenses for microwave § 143-2. Board of Consumer Electronics. installation and repair, the applicant shall show proof that he A. Creation. There is hereby created a Board of has been engaged as an apprentice licensed under the Consumer Electronics to consist of five (5) members. The provisions of this chapter under the supervision of a person having the given under this chapter. Results of all examinations shall be qualifications prescribed herein for and licensed as a certified by the Board at its first monthly meeting after microwave installer or repair technician for a period of one completion of examinations by applicants. Any applicant shall thousand (1,000) hours. In the case of applicants for licenses be given an opportunity to review, in the presence of a Board for installation or servicing of satellite dishes and/or antennas member, the results of his/her examination, which, however, or other similar reception equipment an applicant shall show may not be removed from the office of the Director of proof that he has been engaged as an apprentice licensed Licenses Commissioner of Permit and Inspection Services. under the provisions of this chapter under the supervision of a § 143-9. Display of license. person having the qualifications prescribed herein and licensed Each duly licensed technician or apprentice shall have his for installation or repair of such equipment for a period of one license identification card on his person at all times while thousand (1,000) hours. engaged in the servicing of consumer electronics equipment C. In the case of an applicant who was not eligible for and shall, upon request, tender the same for inspection by any apprenticeship under this chapter due to residency, who person for whom said service is being rendered. In addition, exhibits a diploma or certificate showing satisfactory completion said license shall be displayed at the place of employment at all of a course in times in a place prominent and visible to the public. consumer electronics repair and maintenance conducted in a The Director of Licenses Commissioner of Permit and vocational school under the jurisdiction of a Board of Education Inspection Services shall provide both the license and the or in a private trade school organized and conducted in identification card at the time of license approval. accordance with the rules of the Department of Education of § 143- 10. Employment of unlicensed persons prohibited. the State of New York or in a It shall be unlawful for any consumer electronics technician to school which has been approved by the federal government employ as an apprentice or as a technician a person who is not for the vocational training of honorably discharged veterans of licensed or to whom a license has not been issued as provided the Armed Forces of the United States and furnishes in this chapter. satisfactory proof that, for a period of one thousand (1,000) § 143-11. License fees. hours subsequent to such scholastic A. Fees for licenses issued pursuant to the provisions training and immediately prior to such application, he was of this chapter shall be as set forth in engaged in servicing consumer electronics equipment. Chapter 175, Fees. D. In the case of an applicant who was not eligible for B. Each license shall expire on the first day of April apprenticeship under this chapter due to residency, a high succeeding the date of issuance. The above fees shall not be school graduate or the holder Of a high school equivalency waived. certificate who § 143-12. Renewal of license. has been certified that he has attended and completed a Every license issued hereunder shall be renewed on or before one-year, full-time course of instruction at a resident school April I of each year, regardless of the date of issue, upon approved by the State Department of Education and also payment of all fees to the Director of Licenses Commissioner furnishes satisfactory proof that, for one thousand (1,000) of Permit and Inspection Services as indicated herein. Should hours subsequent to the completion of his course and prior to any person fail to renew the applicable license by each April 1, his application for a license, he was employed servicing the fees hereunder shall be twice the amount listed in addition consumer electronics equipment. to any other penalty applicable under this Code. The cost of E. One who shows evidence that he is certified by the renewals shall be as set forth in Chapter 175, Fees. National Electronics Service Dealers Association. § 143-13. Revocation of license. § 143-6. Exemption from examination. A. The license of any person licensed under this The written examination shall be dispensed with upon proof, chapter may be suspended or revoked or renewal thereof satisfactory to the Board, that an applicant is one who either: refused by the Director- of Licenses Commissioner of Permit A. For consumer electronics repair licenses: and Inspection Services upon determination by the Director (1) Has had at least six thousand (6,000) hours of Commissioner, after notice and hearing before him, that a practical experience prior to the effective date of this chapter; licensee: (2) Has had two thousand (2,000) hours of such (1) Has practiced fraud or deceit upon a customer or in experience and has completed a course of study approved as establishing his qualifications for a license under this chapter; indicated in § 143-5C or D above; or (2) Has engaged in fraudulent, misleading or deceptive (3) Is one who is certified by the National Electronics advertising as to the skill of the licensee or the quality of Service Dealers Association. materials; § 143-7. Apprentice license. (3) Is incompetent or untrustworthy to engage in the The Director of Licenses Commissioner of Permit and trade; Inspection Services shall issue an apprentice license to any (4) Has refused to leave a detailed statement or bill with individual who pays a fee as set forth in Chapter 175, Fees, is a customer upon the customer's request to do so; at least sixteen (16) years of age and is of good moral (5) Has violated any of the provisions of this chapter; or character. Said application shall be signed by the applicant (6) Has done such other act which the Director- under oath and shall contain information prescribed by the Commissioner finds to be detrimental to the public interest or rules and regulations of the Board. Said applicant shall register the purpose or intent of this chapter. with the Board as an apprentice. Said apprentice shall obtain B. No license shall be revoked or suspended or denied employment under or study under the direction of a licensed renewal unless the licensee has been notified, in writing, of the consumer electronics technician and may not represent or hold charges against him at least ten (10) days before the hearing himself out to be a licensed technician until duly licensed as provided for in Subsection A hereof The licensee shall have the provided herein, nor may said apprentice repair or service any right to appear and/or have another appear with the licensee consumer electronics item except under the personal before the Director- of Licenses Commissioner of Permit and supervision or training of a licensed technician. Inspection Services to answer the charges made and present § 143-8. Examinations. testimony in his own defense. All testimony offered for The Board of Consumer Electronics shall approve and shall supporting or denying charges shall be given under oath, and be responsible for the content and grading of all examinations the licensee shall be afforded a reasonable opportunity to cross-examine witnesses and inspect documents offered in and exterior; installation or repair of windows; door and screen support of charges and shall be afforded the right to offer installation, replacement and repair; gutters and drain spouts; sworn testimony or other material and competent evidence to plaster and masonry; one who, in addition to those tasks establish his defense. enumerated in the definition of "handyman," also performs § 143-14. Construction. improvements as a maintenance man (self-employed) on Nothing herein shall authorize any person to install, alter or multiple dwellings. This category does not include roofing, repair any electric wires or wiring apparatus or outlets, fixtures siding, garage construction or large renovations which industry or other appliances which are not an integral part of consumer standards dictate be completed by two (2) or more people [no electronics equipment, for which a master electrician license partnership; limited to one (1) person only]. may be required by Chapter 165, Article 1, of the Code of the HOME IMPROVEMENT -- The repairing, remodeling, altering, City of Buffalo. converting or modernizing of or adding to residential property § 143-15. Severability. and shall include but not be limited to the construction, It is the intention of the Common Council of the City of Buffalo erection, replacement, installation or improvement of driveways, that each provision in this chapter shall be deemed swimming pools, terraces, patios, fences, porches, garages, independent of all other provisions herein, and it's further basements and other improvements of the structures which are deemed intended that if any provision of this chapter is adjacent to a dwelling house. It shall include all interior and declared invalid, all other provisions thereof shall remain valid exterior repair; floors; wall coverings; painting, both interior and and enforceable. exterior; insulation; drywall; roofing; siding; windows; door and It is hereby certified, pursuant to Section 3-19 of the Charter, screen installation, replacement and repair; gutters and drain that the immediate passage of the foregoing ordinance is spouts; plaster and masonry; handicapped ramp installation; necessary. waterproofing; and general carpentry; to also include work on APPROVED AS TO FORM new housing within the scope of "home improvement." Corporation Counsel HOME-IMPROVEMENT CONTRACT -- An agreement, oral or NOTE: Matter in Bold to be deleted; matter underlined is new. written, between a contractor and owner, for the performance of REFERRED TO THE COMMITTEE ON LEGISLATION home improvements, and includes all labor, services and materials to be furnished thereunder. NO. 132 HOME-IMPROVEMENT CONTRACTOR -- One who, in BY: MR. FONTANA addition to those tasks enumerated in the definition of RE: ORDINANCE AMENDMENT "handyman" and "home improvement," also performs CHAPTER 144 - CONTRACTORS improvements and/or additions to one- and two-family The Common Council of the City of Buffalo does hereby residential structures or accessory structures, which additions ordain as follows: are limited to an area less than one thousand (1,000) square That Chapter 144 of the Code of the City of Buffalo be feet, not including basement area. A "home improvement amended to read as follows: contractor" is a contractor licensed under this chapter who is ARTICLE 1, Home Improvements engaged in the business of home improvement either on a § 144-1. Definitions. full-time or part-time basis (partnerships included). As used in this chapter, the following terms shall have the LICENSEE -- A contractor permitted to engage in the meanings indicated: construction or home-improvement business under the BOARD -- The Construction and Home Improvement Advisory provisions of this chapter. Board. LIGHT COMMERCIAL -- Those contractors whose operations CONSTRUCTION MANAGER -- An individual employed to as such are the performance of light construction on oversee and direct the construction elements of a project, commercial structures whose work does not require special usually the whole of the construction elements, and the parties skill or use of specialized building trades or crafts. who are to perform them; a company which contracts with an LIGHT COMMERCIAL CONTRACTOR -- One who, in owner to perform such services for a fee. addition to those tasks enumerated in the definition of CONTRACTOR -- Any person other than a bona fide employee "handyman and "home improvement contractor," performs as a of the owner, whose particular occupation is the ownership or business or occupation, on a full-time or part-time basis, operation of a construction or home-improvement business or commercial construction or residential work. who solicits for any work or contract to perform any NEW HOUSING CONTRACTOR -- One who, in addition to construction or home-improvement work, as defined herein, as those tasks enumerated in the definitions of "handyman," a prime contractor. Manufacturers are considered to be "home-improvement contractor" and "light commercial "contractors" if engaged in on-site construction, alteration or contractor," also is engaged in the construction of new repair. structures and accessory structures or who constructs [DIRECTOR] COMMISSIONER -- The [Director of Licenses] additions to residential structures, which additions equal an Commissioner of Permit and Inspection Services or his deputy. area of one thousand (1,000) square feet or greater. ESTABLISHMENT -- An office, shop or place where a OWNER -- Any homeowner, tenant, lessee or any other person construction or home-improvement business is located. who orders, contracts for or hires the services of a contractor GENERAL CONTRACTOR -- One who, in addition to those or the person entitled to the performance of the work of the tasks enumerated in the definitions of "handyman," contractor pursuant to any construction or home-improvement "home-improvement contractor," "light commercial contractor" contract. and "new housing contractor," also is engaged in the PERSON -- An individual, partnership, firm or corporation. construction of any structure built, being built or to be built for SALESMAN -- A person affiliated with or employed by a support, shelter or enclosure, including but not limited to contractor licensed under the provisions of this chapter. When bridges or additions to the same. the affiliation or employment by a licensed contractor of said HANDYMAN -- One who performs as a business or "salesman" has been approved by the [Director of Licenses] occupation, on a full- or part-time basis, normal maintenance Commissioner of Pen-nit and Inspection Services, said and minor repairs, in residential, commercial or mixed "salesman" shall be given a license allowing him to be affiliated structures. It shall include all minor interior and exterior repair, with or employed by and write any contract as the including but not limited to wall coverings; painting, both interior representative of said contractor licensed under the provisions of this chapter. It is further provided that the contractor licensed D. Exceptions. No license under this chapter shall be under this chapter shall have the responsibility of applying for required of any person when acting in the particular capacity or and having approved a license for each "salesman" employed particular type of transaction set forth in this subsection: by him. (1) An individual who performs labor or services for a SPECIALTY -- A specialty contractor is a contractor whose contractor for wages or salary. operations as such are the performance of construction work (2) A plumber, electrician, architect, professional requiring special skill and whose principal contracting business engineer or any other such person who is licensed or involves the use of specialized building trades or crafts. A registered by state or local law to attain standards of specialty contractor's operations are concerned with concrete competency or experience as a prerequisite to engaging in (flat work, also may include foundation), foundations, drywall such craft or profession for which he is currently licensed (portions and ceilings), earthwork and paving, fencing, flooring pursuant to such other law. and floor covering, glazing, insulation and acoustical, masonry, (3) Any retail clerk, clerical or administrative employee of painting and decorating, plastering, roofing, tile (ceramic and the construction or home improvement contractor. mosaic), ceilings (acoustic), wall coverings, carpentry (rough § 144-3. Effect on existing contracts. and finish), waterproofing, windows and doors, installation of This chapter shall not apply to or affect the validity of a swimming pools, cabinet and mill work, sheet metal, home-improvement contract otherwise within the purview of this steel-reinforcing, steel-structural sprinkler systems and chapter which was made prior to the effective date of this lead-based paint abatement and asbestos abatement. chapter. SPECIALTY CONTRACTOR -- One who, in addition to those § 144-4. Application for license. tasks enumerated in the definition of "handyman" and "home Any person desiring to engage in any activity enumerated in § improvement contractor," performs as a business or 144-1 of this chapter shall make application for a license to the occupation, on a full-time or part-time basis, commercial [Director of Licenses] Commissioner of Permit and Inspection construction or residential work. Services on a form prescribed by him. The application shall be SUBCONTRACTOR -- A contractor who contracts directly signed and verified under oath by the applicant, if an individual, with the prime contractor. "Prime contractor" shall mean the and by a duly authorized agent if a partnership, or by a duly contractor who contracts directly with the awarding authority. A authorized officer of a corporation. The application shall contain "subcontractor" is not permitted to obtain permits in his own the following information: name or his company name. A. If a person, the name, residence and business § 144-2. License required; issuance; exceptions. address of the applicant. A. License required. B. If a partnership, the name, residence and business (1) On and after July 1, 1989, no person shall own, address of each partner. operate, conduct, manage or engage in a construction or C. If a domestic corporation, the name and business home-improvement business or any activity enumerated in this address of the corporation; the name and residence address of chapter unless a license has been issued as is herein the principal officer of the corporation; if a foreign corporation, prescribed and the licensee, if one (1) or more individuals, is the date it over twenty-one (2 1) years of age on the date of issuance. On was authorized to do business in the State of New York, and after July 1, 1989, no person shall be affiliated with, together with the names of the particular officers and local employed by or write any contract as the representative of any agents and their residence and business addresses. construction or home-improvement contractor licensed under D. The number of years the applicant has engaged in the provisions of this chapter unless he also has been issued a the business for which be is seeking a license. license as a salesman affiliated with or employed by said duly E. The specific type of business or work performed by licensed contractor; provided, further, that any salesman so the applicant, and the particular type of license requested. licensed under this chapter shall only be qualified to be F. The approximate number of persons to be employed licensed under one (1) contractor at any given time and by the applicant. provided, further, that any salesman's license issued hereunder G. Satisfactory evidence that employees of the shall be retained by the contractor and returned to the [Director applicant are covered by workmen's compensation or by of Licenses] Commissioner of Permit and Inspection Services exemption certificate. when such affiliation or employment is terminated. H. Satisfactory evidence that the applicant is covered (2) Any violation of this subsection shall be deemed to by general liability, personal injury and property damage be the commission of an unclassified misdemeanor and shall insurance. be punishable by a fine or penalty of not more than one 1. A statement of credit references of suppliers of thousand dollars ($1,000.) or by imprisonment for not more home-improvement materials. than sixty (60) days, or by both such fine and imprisonment, for J. Sample copy of your contract. each such offense. K. Experience questionnaire. B. No construction or home-improvement license under L. Any liens, judgments or complaints that are this chapter shall be issued to any contractor unless he outstanding. operates the business from a bona fide office, workroom, shop M. In the case of applications for and renewals of new or housing contractor licenses, a copy of the express, limited and establishment at a definite location. other warranties which shall be given to all new home buyers by C. A license issued pursuant to this chapter shall not the applicant. be construed to authorize the license to perform any particular N. Such other information as the [Director of Licenses] type of work or operate and conduct a business which is Commissioner of Permit and Inspection Services may require. reserved to § 144-5. Action on application. licensees qualified under separate licensing provisions of state The applications, when completed by the applicant and or local law, nor shall any license other than that issued approved as to form and contents by the [Director of Housing pursuant to this chapter permit any person to engage in the and Inspections] Commissioner of Permit and Inspection home improvement contracting business. Services, shall be forwarded by him to the Advisory Board herein created for its § 144-8. Expiration, posting, renewal and transferability of action thereon under the powers granted to the Board in § licenses; duplicates; fees. 144-6 hereof A. All licenses shall expire each year on the 30th day of § 144-6. Construction and Home Improvement Advisory Board. September. A. Board. The Mayor shall appoint a Construction and B. Each license issued shall be posted in a Home Improvement Advisory Board consisting of eleven (11) conspicuous place in the licensee's establishment. members, one (1) of whom shall be the [Director of Housing C. Upon the issuance of such license, the holder must and Inspections] Commissioner of Permit and Inspection conspicuously display in clear and legible letters at least four Services. The [Director of Housing and Inspections] (4) inches in height on both doors of all his vehicles the Commissioner of Permit and Inspection Services or his business name, business location and telephone number. assistant shall act as Chairman of the Board. Each member of D. Any license which has not been suspended, revoked or has the Board shall serve for a term of three (3) years; all of outstanding complaints may, upon the payment of a fee Whom shall serve without compensation. prescribed by this section, be renewed for an additional period B. Qualifications. Six (6) members of the Board shall have had of one (1) year from its expiration, upon filing of an application at least five (5) years of experience in the general construction for renewal on a form to be prescribed by the [Director] and home-improvement contracting business. Six (6) members Commissioner. shall be persons possessing qualifications satisfactory to the E. A duplicate license may be issued for a lost, Mayor. destroyed or mutilated license upon application therefor to the C. Powers and duties. The Board shall: [Director of Housing and Inspections] Commissioner of Permit (1) Advise, consult with and recommend to the Mayor and the and Inspection Services upon payment of the fee prescribed Common Council all matters concerning practices in the therefor by this section. construction and home-improvement industry, administration of F. No license shall be assignable or transferable. this chapter and any amendments thereto, which it may deem G. Fees. necessary and advisable. (1) Fees for a license or for any renewal thereof shall be (2) Advise and inform the public concerning any as provided in Chapter 175, Fees. practice in connection with construction and home (2) The fee for a salesman license or for any renewal improvements which it may consider harmful to homeowners. thereof shall be as provided in Chapter 175, Fees. (3) Examine and determine the fitness and qualifications (3) The fee for issuing a duplicate license for one lost, of applicants for licenses, using as criteria therefor the destroyed or mutilated shall be as provided in Chapter 175, information contained in the application and such other or Fees. additional proof attached thereto, together with such proof or § 144-9. Suspension and revocation of license. evidence as the Board may acquire by its own study, A license issued pursuant to this chapter may be suspended or examination or investigation, and, thereafter, in its certification, revoked by the [Director of Housing and Inspections] recommend to the [Director of Housing and Inspections] Commissioner of Permit and Inspection Services upon Commissioner of Permit and Inspection Services whether or certification of the Board for any one (1) or more of the not a license shall be issued to the applicant. If the issuance of following reasons: a license is recommended, the Board shall certify the particular A. Fraud, misrepresentation or bribery in securing a knowledge, training, experience and skill possessed by the license. applicant to do all construction or home-improvement work or, B. Any false statement as to a material matter in the in the alternative, do specified work in a particular craft or skill application. and that a license shall issue accordingly. C. The conduct of the business of the licensed (4) Grant, upon written request accompanying the contractor has been marked by a practice of failure to perform application of the applicant, a hearing on said application or, if his contracts or the manipulation of contract deposits, assets or the application is denied without a hearing being requested, accounts or lack of good faith in dealing with owners. grant a hearing on said denial, provided that said hearing is D. Violation of any provision of this chapter. demanded in writing within fifteen E. Willful violation of the health laws of the County of (15) days after denial of the application by the Board. Erie or failure to secure all proper permits or failure to comply (5) Hear and determine any and all matters relating to with the ordinances of the City of Buffalo. the revocation or suspension of licenses and certify its findings F. Failure to notify the [Director of Housing and Inspections] to the [Director of Housing and Inspections] Commissioner of Commissioner of Permit and Inspection Services of any Pen-nit and Inspection Services. change or control in the ownership, management or business (6) Adopt such rules and regulations as may be name or location of the home-improvement business. necessary to carry out the purposes of this chapter and for the G. Abandonment or willful failure to perform, without conduct of its duties. justification, any contract or project engaged in or undertaken § 144-7. Issuance or denial of license. by a licensee, or willful deviation from or disregard of plans or A. The [Director of Housing and Inspections] specifications in any material respect without consent of the Commissioner of Permit and Inspection Services, as owner. recommended by the Board in its certification, is to issue or H. Making any substantial misrepresentation in the deny the application for a license; any application so approved procurement of a contract, or making any shall be issued by the [Director of Housing and Inspections] false promise likely to influence, persuade or induce such Commissioner of Permit and Inspection Services upon contract. payment to him of the fee required by this chapter. 1. Any fraud in the execution or in the material B. Any salesman's license issued hereunder shall be alteration of any contract, mortgage, accompanied by an identification card issued by the [Director of promissory note or other document incident to a construction or Housing and Inspections] Commissioner of Permit and home-improvement transaction. Inspection J. Preparing or accepting any mortgage, promissory note or Service , bearing the applicant's picture and indicating the other evidence of indebtedness upon the obligations of a contractor with whom he is affiliated or employed. construction or home-improvement transaction with the knowledge that it recites a greater monetary obligation than the small stumps not to exceed twelve (12) inches in diameter. agreed consideration for the work. LANDSCAPER -- Any person providing services of planting, K. Work or installation commenced prior to the trimming, cutting or removing bushes, shrubs, flowers, issuance of the required license. vegetables, trees or grass for which a contract or agreement for L. Work or installation commenced prior to the services has been established orally or in writing by means of issuance of the required permit. After three 3) infractions, your an invoice, sales receipt or other competent evidence. A license is revoked. landscape contractor constructs, maintains, repairs, installs or § 144-10. Hearings. subcontracts the development of landscaping systems and No license shall be suspended or revoked until after a hearing facilities for public and/or private gardens and other areas before the Board upon at least five (5) days' notice to the which are designed to aesthetically, architecturally, licensee of at the last known address appearing on the license. horticulturally or functionally improve the grounds within or The notice shall be served personally or by registered mail and surrounding a structure or a tract or plot of land. In connection shall state the date, hour and place of the hearing. The notice therewith, a landscape contractor prepares and grades plots shall set forth a brief statement of facts constituting the and areas of land for the installation of any architectural, grounds for the charges against the licensee. The licensee may horticultural and decorative treatment or arrangement. appear in person or by counsel and may produce witnesses in MOTOR VEHICLE -- Any vehicle used for landscaping or his behalf A record of the hearing shall be taken. The [Director] snow removal purposes by a landscaper or snow remover as Commissioner shall, upon the determination and certification of defined by this Article. the Board, suspend or revoke the license or dismiss the PERSON -- Any individual, firm, partnership, contractor, proceedings. subcontractor, association or corporation for which a New York ARTICLE II, Demolition State tax identification number has been issued. § 144-11. License and insurance required; definitions. PRIVATE PROPERTY -- All real property, improved or A. No person shall own, operate, conduct, manage or unimproved, owned by any municipal corporation, person or engage in the business of demolition of any structures unless otherwise and which is not included in the definitions of "public he has secured a license therefor. Application shall be made to highway" and "public place." the [Director of Licenses] Commissioner of Permit and PUBLIC HIGHWAY -- Any street open to the public for its full Inspection Services on forms prescribed by him. Said use by all residents of the City of Buffalo. application shall contain proof of appropriate insurance as PUBLIC PLACE -- All real property available to or open to use prescribed by the [Director of Licenses] Commissioner of by all residents of the City of Buffalo. Permit and Inspection Services, including workers' SNOW REMOVER -- Any person providing services of compensation for removing, dumping, heaping or plowing snow by means of a employees. motor vehicle for which a contract or agreement for services B. As used in this Article, the following terms shall have has been established orally or in writing by means of an the meanings indicated: invoice, sales receipt or other competent evidence. DEMOLITION CONTRACTOR: § 144-16. License required. (1) GRADE 1 -- One who performs demolition on A. No person who is a landscaper or snow remover structures limited to one and onehalf (1 1/2) stories in height, to shall conduct landscape or snow removal a maximum of twenty (20) feet. activities or remove any landscape materials or snow or (2) GRADE 2 -- One who performs demolition on transport the same through or upon any Sreet, Avenue, structures limited to three (3) stories in height, to a maximum of parkway, road, boulevard or highway within the City of Buffalo, thirty (30) feet. unless he or she shall have first obtained a license from the (3) GRADE 3 One who performs demolition on any [Director of Licenses] Commissioner of Permit and Inspection structure. Services and shall have agreed to conform to the provisions of (4) GRADE 4 One who performs demolition by the use this chapter. of explosives, including those who subcontract for other B. Failure to comply with this section shall constitute a licensed demolition contractors or those subcontractors violation of this section and shall be punishable by a preparing the building for demolition by explosion. Class C fine in the amount of $52.50. This shall be § 144-12. License and renewal fees. in addition to any other penalty provided in the Code Fees for license as a demolition contractor, and for any renewal of the City of Buffalo or in any other law. thereof, shall be as provided in Chapter 175, Fees. 144-17. Application procedure. § 144-13. Expiration of license. A. All landscapers and/or snow removers shall apply to All licenses shall expire each year on the 30th day of the [Director of Licenses] Commissioner of Permit and September. Inspection Services for a license upon forms to be furnished by § 144-14. Suspension and revocation of license; hearings. said [Director] Commissioner. In addition to the license, a All persons holding a license as a demolition contractor shall be vehicle tag for each motor vehicle, including trailers, are to be subject to the rules and proceedings contained in § 144-9 used in the furtherance of the landscape and/or snow removal relating to suspension and revocation of licenses and to the business. procedures contained in § 144-10 relating to hearings and B. The license application shall specify the following: decisions on charges arising from complaints or improper (1) Name, address, telephone number and New York conduct. State tax identification number of the landscaper and/or snow ARTICLE 111, Landscape and Snow Removal Contractors remover. § 144-15. Definitions. (2) Name, address and telephone number of each As used in this Article, the following terms shall have the principal partner or corporate officer of the landscaper and/or meanings indicated: snow remover. APPLICANT -- Any person who owns or leases at least one (1) (3) Make, serial number, license number and load capacity of motor vehicle used in conducting a snow removal and/or each motor vehicle, including trailers, to be utilized by the landscape business. landscaper and/or snow remover and a current copy of each LANDSCAPE MATERIAL -- All grass, weeds, brush, leaves, vehicle registration for which a vehicle tag shall be issued. flowers, shrubs, limbs up to six (6) inches in diameter and C. Tags for motor vehicles shall be placed on the That Chapter 150 of the Code of the City of Buffalo be center top of the windshield in line with the rear view mirror. amended to read as follows : A substitute replacement tag shall be issued upon the payment § 150-1. Definitions. of a fee for each replacement, upon the filing of an affidavit or The following words, when used in this chapter, shall have the such other proof as may be required by the [Director of following meanings: Licenses] Commissioner of Permit and Inspection Services. PERSON -- Any individual, partnership, firm, corporation, § 144-18. Insurance. association, society, club or other organization. The applicant shall furnish a certificate from an insurance PRIVATE HOMES -- Buildings used exclusively for private company licensed to do business in the State of New York, dwelling purposes. evidencing that the applicant and any motor vehicles are PUBLIC DANCE -- Any dance or ball to which the public covered by general liability, personal injury and property generally may gain admission and may participate in dancing. damage insurance and shall provide evidence that employees PUBLIC DANCE HALL -- Any building, structure or part of the applicant are covered by workmen's compensation or by thereof in which public dances are or may be held or any hall or an exemption certificate meeting the requirements of the State academy in which classes in dancing are conducted or of New York and containing a ten-day notice of cancellation instruction in dancing is given for hire. clause directed to the [Division of Licenses] Commissioner of § 150-2. Licenses and permits required. Permit and Inspection Services, before any license hereunder A. No person shall hold any public dance or conduct classes in shall be issued. dancing or give instructions in dancing for hire in any public § 144-19. Regulation of landscaper services. dance hall within the city until said public dance hall shall first A. Landscape material for disposal in the City of Buffalo shall have been licensed as provided in this chapter. Such license not contain any foreign objects, such as stone, brick, concrete, shall be issued by the [Director of Licenses and Permits] plastic or metal. Commissioner of Permit and Inspection Services, and in every B. Burning of landscape material within the City of public dance hall its license shall be posted in a conspicuous Buffalo is prohibited. place near the main entrance. C. All landscape materials shall be removed from the serviced B. No person shall hold a public dance within the city without property by the landscaper and be transported to the City of having first obtained a permit therefor from the [Director of Buffalo composting facility for disposal or composted at the Licenses and Permits] Commissioner of Permit and Inspection landscaper's facility. Services. D. The placing or dumping of landscape material on C. Upon the consent of the Common Council, the [Director of public highways, public places or private property is prohibited. Licenses and Permits] Commissioner of Permit and Inspection § 144-20. Enforcement. Services may issue a license hereunder to any person owning This Article shall be enforced by the Division of Licenses and or conducting a hotel or restaurant in the city to permit dancing the City of Buffalo police officer or Code Enforcement Official therein subject to all of the provisions and conditions and such other departments or persons as may be designated hereinafter contained unless specifically exempted hereinafter. by the [Director of Licenses] Commissioner of Permit and § 150-3. Applications for licenses and permits. Inspection Services. A. Public dance hall. Application for a license for a public § 144-2 1. Suspension and revocation of license; hearings. dance hall shall be made to the [Director of Licenses and A. All persons holding a license as a landscape Permits] Commissioner of Permit and Inspection Services on contractor and/or snow removal contractor shall be subject to forms, furnished by him which shall contain such information the rules and proceedings as contained in § 144-10 relating to as he may require. hearings and B. Public dance. Application for a permit for a public dance decisions on charges arising from complaints or improper shall be made to the [Director of Licenses and Permits] at least conduct. two (2) days before the time of said dance and shall be in the B. In addition to a license revocation by the City of form prescribed by said [Director] Commissioner. Buffalo, a violation of any provision of this chapter by a person C. Hotels or restaurants. Application for a license permitting shall be deemed an offense punishable by a fine not to exceed dancing in a hotel or restaurant shall be made by the owner or one thousand five hundred dollars ($1,500.) or imprisonment operator and shall be addressed to the [Director of Licenses for a period not to exceed fifteen (15) days, or both. and § 144-22. Expiration of license. Permits] Commissioner of Permit and Inspection Services and A. Each license and vehicle tag shall expire on the first filed by him with the City Clerk to be transmitted to the day of April in each year. Common Council of the City of Buffalo and shall state the place B. No license or vehicle tag issued under this chapter and purpose for which the license is desired as set forth in the shall be transferable or assigned or used by any person other classifications hereinafter contained in this chapter. than the one to whom it is issued. § 150-4. Investigation of applicants. § 144-23. License and renewal fees. It shall be the duty of the [Director of Licenses and Permits] Fees for license as a landscape contractor and/or snow Commissioner of Permit and Inspection Services to examine all removal contractor shall be as provided in Chapter 175, Fees. applications for public dance hall licenses and all applications NOTE: Matter in brackets to be deleted; matter underlined is for a license permitting dancing in a hotel or restaurant and to new. investigate or cause to be investigated each such application to REFERRED TO THE COMMITTEE ON LEGISLATION determine whether or not the dance hall, hotel or restaurant for which a license is sought complies with the regulations, NO. 133 ordinances and laws applicable thereto and whether or not the By: Mr. Fontana person or persons making such application or having charge or supervision of the hall, hotel or restaurant are of good moral ORDINANCE AMENDMENT character. In making such investigation, the [Director] CHAPTER 150 - DANCES AND DANCE HALLS Commissioner [or Licenses and Permits]shall have the The Common Council of the City of Buffalo does hereby ordain assistance of the Departments of Police[, Public Works, as follows : Health] and Fire. Each such Department shall furnish to the [Director of Licenses and Permits] Commissioner of Permit and Inspection Services, in writing, the information derived from and it shall be their duty respectively to cause a public dance such investigation, accompanied by a recommendation as to hall, hotel or restaurant where any dance is being held to be whether a license should be granted or refused. vacated whenever any provision of any ordinance with regard to § 150-5. Renewal of licenses. public dances is being violated or whenever any indecent or All licenses granted hereunder may be renewed upon immoral act is committed or whenever any application therefor and after reinspection of the premises in disorder of a gross, violent or vulgar character takes place the manner provided herein for original inspection. therein with the knowledge or consent of the owner or lessee or § 150-6. Fees. his agent or other person in charge of the dance. A. Public dance hall. The fee for a public dance hall license, to B. Enforcement. The Departments of [Inspections and be paid at the time of issuing the license, shall be as provided Licenses] Permit and Inspection Services and of Police shall in Chapter 175, Fees. have power to enforce this chapter. B. Public dance. The fee for a public dance, to be paid at the C. Inspections. Chapter 249, Inspections, of this Code shall time of filing application for a permit, shall be as provided in regulate all inspections made pursuant to this chapter. For Chapter 175, Fees. purposes of this chapter, "department" in said chapter shall C. Restaurant and hotel dancing. The fee for a license to mean Department of [Inspections and Licenses] Permit and conduct dancing in restaurants and hotels, to be paid at the Inspection Services or Department of Police. time of filing the application for a license therefor, shall be as D. Every public dance and public dance hall and hotel and set forth in Chapter 175, Fees. restaurant where there is dancing and wherein meals are not D. Owners or operators of hotels and restaurants securing served shall be continuously attended and supervised by a licenses under Classes 1, 2, 3 and 4 are exempt from special procuring a music permit pursuant to Chapter 75 of the City patrolman in uniform, whose duty it shall be to preserve order Code. Licenses and Issued under either Class 3 or Class 4 may be reclassified to require compliance with all provisions of this chapter. The any one (1) of Classes 1, 2 and 3 with the permission of the owner, lessee or other person giving or in charge of such public [Director of Licenses and Permits] Commissioner of Permit and dance or public dance hall or hotel or restaurant where there is Inspection Services and by paying the difference in the fee, but dancing and wherein meals are not served shall pay no portion of any license fee shall be prorated or refunded. compensation of such special patrolman and furnish his E. The rate of fees herein set forth shall apply to renewals of uniform. No special existing licenses and to initial licenses. patrolman shall be permitted to attend and supervise any public § 150-7. Expiration of licenses; transferability. dance or any hotel or restaurant where there is dancing and A. Each license granted for a public dance hall shall expire on wherein meals are not served as herein provided until properly the first day of August next following its issuance. bonded and his employment B. Each license granted for restaurant and hotel dancing shall shall have been approved by the Commissioner of Police, and expire one (1) year from the date of issue. Said license is he personal and cannot be directly or indirectly transferred or shall at all times be under the supervision and control of the assigned. Commissioner of Police and may be removed at any time as § 150-8. Restrictions and conditions. provided by the Charter of the City of Buffalo. Upon certification A. No license for a public dance hall or a license permitting to the dancing in a hotel or restaurant shall be issued until it shall be [Director of Licenses and Permits] Commissioner of Permit and found that such hall, hotel or restaurant complies with and Inspection Services, the Commissioner of Police may require conforms all ordinances and regulations for the protection of such owner, lessee or other person giving or in charge of the public health and for the protection of the public from fire; such public dance or public dance hall or hotel or restaurant that it is supplied with sufficient toilet conveniences; that it is a where there is dancing and wherein meals are not served to proper place for the purpose furnish additional special patrolmen for duty at such dance. for which it is to be used; and the owner, lessee or other person § 150-10. Hours of operation. having actual control of the building and of the dance hall, hotel A. All public dances shall be discontinued and all public dance or restaurant is a person of good moral character and that there halls shall be closed at or before the hour of 12:00 midnight on has been posted upon one (1) of its walls, as required by any day on Chapter which dancing is allowed; provided, however, 75 of the Code of the City of Buffalo, a certificate of inspection. that upon application of any person and after an investigation B. All public dance halls shall be kept at all times in a clean, by the [Director of Licenses and Permits] Commissioner of healthful and sanitary condition, and all stairways and other Permit and Inspection Services said [Director] Commissioner passages and all room connected with a public dance hall shall may be kept open and well lighted at all times while dances are grant to such person a special permit to continue any public being held. dance until a later hour. C. The holder of a license for restaurant and hotel dancing B. No tickets shall be sold for admission to any public dance shall not permit at any time in connection with the privileges after 12:00 midnight, and no return check shall be given or exercised hereunder any kind of an exhibition, show or issued at any time. entertainment which may in any way be classified as obscene C. No dancing shall be permitted in any hotel or restaurant from or immoral, which will tend to 3:00 a.m. to 8:00 a.m. on any day. corrupt the morals of any youth or other person. All § 150-11. Restrictions on children. entertainment’s for hotels or restaurants shall be procured No person shall, after 9:00 p.m., permit any person to attend through a licensed employment agency, unless the entertainers or take part in any public dance who has not actually or are employed directly apparently reached the age of sixteen (16) years, unless such by the management of such hotels or restaurants. person is in company with one (1) of his or her parents or a § 150-9. Enforcement, inspections; supervision. suitable guardian. No person shall represent himself or herself A. The [Director of Licenses and Permits] Commissioner of to have attained the age of sixteen (16) years in order to obtain Permit and Inspection Services, the Commissioner of Police or admission to a public dance hall or to be permitted to remain any member of the Department of Police shall have the power therein when such person in fact is under sixteen (16) years of age. No person shall represent himself or herself to be a parent Such license shall be revoked in the manner provided by the or guardian of any person in order that such person may obtain Charter of the City. If at any time the license a public dance hall admission to a public dance or be permitted to remain at such shall be revoked as herein provided, at least six (6) months public dance when the person making the representation is not shall in fact a parent or guardian of such minor person. elapse before another license shall be given or a permit shall be § 150-12. Alcoholic beverages. given for dancing on the same premises. No wine, beer or other malt, spirituous or intoxicating liquors B. Any license heretofore granted for restaurant and hotel shall be sold in or carried into any public dance hall or in any dancing may be suspended by the Common Council for any room directly opening into such public dance hall or upon the reason which it deems sufficient, and promptly thereafter it same floor upon which any public dance is being held. shall hold § 150-13. Rules and regulations. hearing thereon after giving reasonable notice thereof to the The [Director of Licenses and Permits] Commissioner of licensee. After the closing of the hearing, the Common Council Permit and Inspection Services may make and publish may revoke such license or remove the suspension and reasonable rules and regulations governing the manner in reinstate it. which public dances shall be conducted, subject to the The Common Council, in its discretion, may direct that the provisions of law and of the City Code. hearing shall be held by the [Director of Licenses and Permits] § 150-14. Exemptions. Commissioner of Permit and Inspection Services and not by A. A license issued for hotel and restaurant dancing shall be the exempt from the provisions contained in § 150-10 and 150-12 Common Council, in which case the [Director of Licenses and of this chapter. Permits] Commissioner of Permit and Inspection Services shall B. Dances and private instructions in dancing given in private hold a hearing, take the testimony and shall make a report to homes the and dances given by a bona fide society, club or organization, Common Council in reference thereto, including in the report a where the attendance is restricted to the members of the recommendation whether the license should be revoked or society, club or organization who have been such members for reinstated. Upon receipt of such report by the Common more than ten (10) days before the date of any such dance Council, it (provided that where the membership of any such club, society may approve or disapprove the recommendations of the or [Director of Licenses and Permits] Commissioner of Permit and organization consists of men only or of women only, persons of Inspection Services and take such action in reference to the the other sex, to a number not exceeding the number of revocation or reinstatement of the license as it deems proper. members of any such society, club or organization, may be § 150-16. Penalties for offenses. admitted as Any person who, individually or as an officer or employee of guests) and where the dance is merely incidental to the any corporation, society, club or organization, shall violate any purposes of such society, club or organization shall be deemed of the provisions of this chapter shall be liable to a fine or to be private and not public dances; but, notwithstanding this penalty section, no such private dance, except in private homes, shall of not more than one thousand five hundred dollars ($1,500.) be held or given without a permit for each and every offense. Each day that a person conducts a obtained as provided in § 150-2 of this chapter. public dance hall or a public dance or permits dancing in a C. The provisions of § 150-91) of this chapter shall not apply to restaurant or hotel without having obtained a license to do so or any regular classes in dancing, held in licensed dance halls; during any time wherein a license has been suspended or nor shall the provisions of § 150-6A or 150-12 of this chapter revoked shall be deemed a separate violation of this chapter. apply to any bona fide religious, benevolent, charitable, APPROVED AS TO FORM fraternal, singing, musical or labor society, club or organization; Michael B. Risman nor shall the provisions of § 150-6A or B or 150-12 of this Corporation Counsel chapter apply to a bona fide nonprofit, musical society or a NOTE: Matter in brackets [] to be deleted; matter unlined is nonprofit society for the public promotion and encouragement new. of fine music; nor shall the provisions of § 150-6A or 150-913 REFERRED TO THE COMMITTEE ON LEGISLATION apply to a bona fide social settlement or social center nor to a bona fide club formed in connection with such social settlement NO. 134 or social center and which shall hold or give a dance as merely BY: MR. FONTANA incidental to the purposes for which it is formed; provided, ORDINANCE AMENDMENT however, that all dances given by any such society, club or CHAPTER 165 - ELECTRICITY organization shall be given or held in a licensed public dance The Common Council of the City of Buffalo does hall; and provided, further, the buildings owned by or under the hereby ordain as follows: control of the City of Buffalo in which dancing shall be That Chapter 165 of the Code of the City of Buffalo authorized or permitted shall be deemed licensed public dance be amended to read as follows: halls for the purpose of this chapter. ARTICLE 1, Master Electricians D. The provisions of this chapter shall have no application to § 165-1. Definitions. public dances held in state armories by the members of the As used in this Article, the following terms shall have the organizations quartered therein. meanings indicated: § 150-15. Revocation and suspension of licenses. MASTER ELECTRICIANS -- Includes any and all persons, A. The license of any public dance hall may be revoked by the copartnerships, associations and corporations engaged in or [Director] Commissioner of Permit and Inspection Services [of holding themselves out as engaged in the business of electrical Licenses and Permit] for disorderly or immoral conduct on the contracting or construction, installing, erecting, altering and premises with the knowledge or consent of the owner or lessee repairing or contracting to install, erect, alter or repair any of the public dance hall or his agent in charge at any public electric wires or other conductors used or to be used for the dance held therein or for the violation of any of the rules, transmission of electric current for electric light, heat or power regulations, ordinances and laws governing or applying to purposes, moldings, ducts, raceways, conduits or other public dance halls or public dances. appliances or devices for the reception or protection of such wires or conductors or any electrical machine, machinery, Chairman and Secretary and other matters incidental to the apparatus, device, medium or factor used or to be used for powers electric light, heat or power purposes, excepting persons, and duties of the Board as herein provided and shall have copartnerships, associations and corporations regularly power to change and amend such order employing electricians for the maintenance, repair, alterations of procedure, rules and regulations by majority vote of the and extensions of the electric wires, conductors, electrical whole Board at any time, at any regular or special meeting, after machinery, apparatus or appliances on their own property, and giving all the members thirty (30) days' written notice of the also excepting electric corporations as defined in the proposed change or amendment. Transportation Corporations Law of this state and their B. The Board shall file a copy of its order of procedure, rules employees engaged in performing such work in the conduct of and regulations and of any changes or amendments thereof, the business of such corporations. certified by the Secretary, with the City Clerk forthwith upon the PERSON -- Includes a copartnership, association and adoption of the same, which at all reasonable times shall be corporation. open to public inspection. § 165-2. License required; penalty. § 165-6. Report of investigation or examination. A. No person shall engage in or conduct the business of a The Board shall investigate and examine as to the master electrician in the City of Buffalo until such person shall qualifications and fitness of each applicant for a license apply for and obtain a license to engage in such business as hereunder, all charges preferred against any person holding a herein provided. license granted hereunder and as to the fitness to continue to B. Any violation of this section shall be deemed to be the hold a license granted hereunder of any person against whom commission of an unclassified misdemeanor and shall be such charges shall have been preferred. Within five (5) days punishable by a fine or penalty of not more than one thousand after the completion of any such investigation or examination, dollars the Board shall report to the Director of Housing and ($1,000.) or by imprisonment for not more than sixty (60) days, Inspections Commissioner of Permit and Inspection Services, or by both such fine and imprisonment, for each such offense. in writing, signed by the Chairman and Secretary, its findings § 165-3. Appointment of Examining Board of Electricians. and recommendations in each case. A. The Council, upon nomination by the Mayor, shall appoint an § 165-7. Procedure for preferring and hearing charges. Examining Board of Electricians of five (5) members to Applicants for licenses and persons desiring to prefer examine and determine the qualifications and fitness of charges against any holder of a license granted hereunder shall applicants for such licenses and other purposes as herein conform to and comply with all rules and regulations of the provided. The members of such Board shall be electricians of Board respecting the application for licenses and the preferring at least five (5) years’ practical experience. All members of and hearing of such charges and shall present themselves for such Board, at the time of appointment, shall be at least thirty investigation and examination or for a hearing or trial of such (30) years of age and residents of said city at least five (5) charges at such time and place as the Board shall fix. years. § 165-8. Qualifications. B. The members constituting such Board first appointed No such license shall be granted to any person unless he hereunder shall hold office for the following terms and until their shall prove to the satisfaction of the Board that he has an successors are appointed: one (1) to and including December established place for the regular transaction of business; is a 31, 1927; two (2) to and including December 31, 1928; and two competent electrician and qualified to do electrical contracting, (2) to and including December 31, 1929. The terms of office of construction and installation work and electrical wiring; and has the respective members shall be determined by lot as a working knowledge of electricity and the natural laws and hereinafter provided. functions of electricity and of appliances, apparatus and C. Vacancies occurring by the expiration of a term shall be devices for electric light, heat and power purposes used and filled by the Council upon nomination by the Mayor, and the required in such work, combined with a practical working members appointed to fill such vacancies shall hold office for knowledge of the city ordinances relating to electrical work and the term of three (3) years each. Vacancies occurring the National Electric Code requirements. otherwise than by reason of the expiration § 165-9. Time of examinations. of a term shall be filled by the Council upon nomination by the On at least an annual basis, the Board shall administer an Mayor for the unexpired term. examination for all applicants for such licenses, unless the § 165-4. Meetings of Examining Board. Common Council authorizes a longer period between A. The Board shall meet and organize within ten (10) days after examinations. the appointment of its members and, at such meeting, shall § 165-10. Recommendations of Examining Board; term of elect one (1) of its members Chairman and one (1) Secretary of license. the Board to serve during the term to be fixed by the rules and Upon determining the qualifications and fitness of any regulations to be adopted by the Board and shall certify such applicant to receive such license, the Board shall recommend, determination to the City Clerk in writing, signed by each in writing, to the Director of Housing and Inspections member. Commissioner of Permit and Inspection Services that, upon B. The Board shall meet regularly once in each month at a time payment of the fees as herein provided, a license be issued to and place to be fixed by it and at such other times as it may such applicant to engage in such business. Such license shall deem necessary for the consideration of applications for be valid and operative until and including the 31st day of licenses and for the transaction of such other business as December. Thereafter, such license shall expire every two (2) properly may come before it. Special meetings shall be called years on the expiration date. as in the rules and regulations provided. § 165-11. Issuance and registration of license. § 165-5. Promulgation of rules and regulations; filing. Upon the written recommendation of the Board filed with the A. The Board shall adopt an order of procedure, rules and Director of Housing and Inspections Commissioner of regulations, not inconsistent with this Article, for the receiving Permit and Inspection Services, he forthwith shall issue to of applications for licenses, the investigation and examination such applicant a license hereunder authorizing the holder of thereof to engage in the business of master electrician within applicants, the conduct of meetings and business of the Board, the City of Buffalo and shall register his name, alphabetically, fixing the term of office and prescribing the duties of its business address number and date of license in a book to be installed in rigid electrical nonmetallic tubing, rigid nonmetallic kept in his office for that purpose. conduit, liquidtight flexible metal conduit, liquidtight flexible § 165-12. Payment of license fees. nonmetallic conduit, rigid or flexible metal conduit, armored A. Upon making application for a license, the applicant shall conductors or metal moldings. deposit with the Director of Housing and Inspections B. This section shall not apply to temporary lighting Commissioner of Permit and Inspection Services the sum as during construction work, temporary decorative lighting, provided in telecommunication wiring and other occupancies, such Chapter 175, Fees, and file with the Board a receipt of the as transformer stations, chemical plans and similar Director Of Housing and Inspections Commissioner of structures specially mentioned in the National Electrical Permit and Inspection Services showing that such sum has Code in which open wiring is permitted. Cellular concrete been so floor raceways as provided by Article 358 of the National deposited. If, thereafter, upon recommendation of the Board, a Electrical Code are also excepted from the above license shall be issued to such applicant, he shall pay to the provisions. Director of Housing and Inspections Commissioner of C. This section may be waived by the Common Council Permit and for certain installations upon a recommendation by the Inspection Services a further sum which, with the initial deposit Commissioner of Community Development and the Chief as provided in Chapter 175, Fees, shall be equivalent to or at Electrical Inspector that the equipment utilized in such the rate as provided in Chapter 175, Fees, for the year. The installation conforms with the testing standards set by minimum fee shall be as provided in Chapter 175, and the sum Underwriter Laboratories and the installation method to be paid in excess of said meets the requirements of the National Electrical Code. minimum fee shall be in proportion to the term of such license, § 165-16. Compliance with standards required. computing the time from the date of granting the same to the A. All electrical work within the City of Buffalo must conform to 31st day of December next ensuing. the National Electrical Code of 198 1, which is hereby made a B. Should such license be denied, the minimum fee portion of part of this Article, except as may be herein otherwise provided. the initial deposit deposited with the Director of Housing and B. A copy of this code is filed in the City Clerk's office at the Inspections Commissioner of Permit and Inspection Services time of the passage of this Article and shall be maintained in by such office as a permanent part of this Article. the applicant shall be returned to him. § 165-17. Permit required; exceptions. C. The biennial renewal fee for all licenses after the first, No electrical work shall be installed, changed or added to issued to the same person, shall be as provided in Chapter without a permit from the Division of New Construction first 175, Fees. having been obtained, except work done in their own plants by § 165-13. Unauthorized use of license prohibited. persons not required to be licensed under Article 1 of this A. No individual, partnership or corporation shall lend, rent or in chapter. any manner transfer or assign his or its license name and/or § 165-18. Issuance of permit; fees. license number to any other individual, partnership or A. A permit shall be issued only to a master electrician duly corporation; nor shall any individual, partnership or corporation licensed under Article I of this chapter and to the persons make use of a license name or license number which is not exempted in said Article 1. Permits shall be issued upon the actually his or its own. Every such license may, after due notice applicant's compliance with this Article and upon payment of to the fees as provided in Chapter 175, Fees. the holder thereof and opportunity to be heard, be suspended B. Each permit shall be prepared and issued in duplicate by the or revoked by the Director of Housing and Inspections Division of New Construction. The application for a permit shall Commissioner of Permit and Inspection Services upon be in duplicate, made on forms furnished by the City. recommendation § 165-19. Work by owner-occupant; inspection. of the Board for failure or refusal of the licensee to comply with A. Notwithstanding any other provision of this Article, a permit the City Code and National Electrical Code requirements or for shall issue to an owner-occupant of a one or two-family other cause deemed sufficient by the Board. dwelling, provided that he has proved to the Chief Electrical B. No individual, partnership or corporation shall falsely Inspector that he is personally qualified to perform electrical represent himself or themselves as a master or employing work in accordance with the electrician by the use of the words "master electrician" or mandates of § 165-16 of this Article. "electrical contractor" or words of a similar import or meaning B. However, no permit shall be required for the work of on signs, cards, stationery or in any other replacing fuses, receptacles, switches or fixtures which are on manner whatsoever. existing electrical systems, provided that there is no additional § 165-14. License renewals. new work or change in the existing wiring system. Any person having secured such license as herein provided, C. The Chief Electrical Inspector or a member of his staff is unless such license shall have been revoked or suspended hereby charged with the duty and responsibility of inspecting all upon recommendation of the Board, shall be granted a renewal work done pursuant to said permit to determine whether the of such license without further examination, provided that work conforms to accepted standards and thereafter prepare a application for such renewal is made to the Board within thirty written certificate specifically explaining the approval of the (30) days preceding its expiration and by such holder, within work. such thirty (30) days, paying the renewal fee as here in before D. No permit shall issue to any such person for service prescribed. Such renewal shall be for the period of two (2) entrance. years from January I next ensuing, and repeated renewals for § 165-20. Permit application. two (2) years shall be granted in like manner and upon like The application for a permit must state the name and application and conditions. address of the owner or occupant of the property, the name ARTICLE II, Installations Operating on Thirty Volts or More and address of the applicant for the permit, the general nature § 165 15. Rigid or flexible conduit required; exceptions. of the work to be done and such further information as the A. All wires for electric light, heat, power and signal systems Division of New Construction may require and that the work will operating on 30 volts or more hereafter installed in any building, be done in accordance with the provisions of this Article and except single and two family residences shall be hereafter be the rules of the National Electrical Code. § 165-21. Contents of permit. No. 10 30 Permits issued upon said application will state the name and No. 8 40 address of the owner or occupant of the property, the name (2) The above schedule is for standard insulated and address of the applicant for a permit, the general nature of copper wire. The capacity of the fuse of any special wire, if the work to be done thereunder and such further information as used, shall correspond with the approved capacity of the wire. the Division of New Construction may prescribe and that said C. The dwelling owners shall be held responsible for the work must conform to this Article and the rules of the National installation and use of electric fuse or overload devices for Electrical Code. protection of electric circuits as outlined in this section. § 165-22. Record of permits and inspections. D. All dwelling owners shall protect electric fuse or overload The Division of New Construction shall keep a complete device boxes in such a manner that only a responsible person record of its permits and inspections. can have access to the same. In any location where a tenant § 165-23. Enforcement. can The Division of New Construction of the Department of gain access to an electric fuse or overload device, the tenant Inspections and Licenses Commissioner of Permit and shall also be held responsible for proper use as specified in Inspection Services of the City of Buffalo is charged with the Subsections B and C. control, supervision and enforcement of the provisions of this E. In any multiple housing where an electric fuse box or Article. overload device is in an apartment, hallway or other location not ARTICLE III, Lighting; Fuses and Overload Devices practical for the owner to protect or control the same and is § 165-24. Lighting and other requirements. equipped with screw-in-type fuses, fuses shall be of the non Every dwelling shall be supplied with electricity and shall interchangeable type. If an electric circuit of a panel box has meet the following requirements: breaker-type overload devices, they shall be of the A. Every habitable room of each dwelling shall contain at least noninterchangeable type. one (1) electrical duplex convenience outlet when the floor area F. In any multiple housing where any extensions, additions, does not exceed one hundred twenty (120) square feet. replacements or alterations are made to the electric wiring, all For each additional one hundred (100) square feet or any overload devices used on the new electric circuits shall be of portion thereof, one (1) additional electrical duplex convenience the noninterchangeable types, as stated above, in compliance outlet shall be installed. with the Electric Code. B. Every kitchen or kitchenette shall have a duplex convenience § 165-26. Lighting affecting neighboring property. outlet properly installed for the refrigerator and at least one (1) No artificial lighting shall be maintained or operated in additional duplex convenience outlet for kitchen or kitchenette connection with commercial or industrial or residential property use; and if over one hundred twenty (120) square feet of area, in such a manner as will unreasonably interfere with the sleep, one (1) additional comfort, health or repose of persons residing in the vicinity. duplex convenience outlet for every additional one hundred The illumination and lighting of such premises between the (100) square feet or portion thereof. hours of 11:00 p.m. and 7:00 a.m. with more lighting or with C. Every laundry room shall contain at least one (1) duplex lights that glare more than is reasonably necessary for the convenience outlet. conducting of commercial or industrial enterprises or the D. Every bathroom shall contain at least one (1) electric light safeguarding and protection of persons and property upon fixture and at least one (1) convenience outlet. In bathrooms such premises shall be presumed to be lighting and only, convenience outlets in wall light fixtures shall meet the illumination of such power and intensity as to annoy or disturb requirements of this code. unreasonably the sleep, comfort, health or repose of the E. An electric light fixture shall be installed in every water closet persons residing in the vicinity and shall be presumptive compartment, laundry room, furnace room and kitchen. evidence of a violation of this section. When such violation F. All wires shall be proper size to supply fixtures and occurs, the owner or operator of the premises on which the appliances as specified in the Electric Code. Every outlet and lighting installation is located shall first be notified of the fixture in all electrical wiring shall be installed and maintained in violation and be given an opportunity by written notice to an approved manner in accordance with the requirement of relocate the installation or shield the lighting in such a manner generally accepted safety standards of the Electric Code. as will remove the violation. Within five (5) days after receipt of G. Prohibitions. such written notice, the owner or operator of the premises shall (1) The use of fragile extruding convenience outlets advise the Department, in writing, of the corrective measures which extrude more than one-half (1/2) inch from the wall within he proposes to take to remove the violation. Such corrective four (4) feet of floor level is prohibited. measures shall be commenced within five (5) days after the (2) The use of fragile extension cord receptacle and owner or operator of the premises is notified by the Department plug ends within four (4) feet of the floor is prohibited. of the corrective measures to be taken after approval by the (3) The use of extension cords directly beneath floor Department, and such corrective work shall be continuously covering materials or extending through doorways, transoms, and expeditiously pursued to completion. walls, ceilings and floors is prohibited. ARTICLE IV, Permits (4) The use of extension cords beyond the § 165-27. Permit required; exceptions; inspections; recommendation of the Electric Code is also prohibited. preparation and application. § 165-25. Fuses and overload devices. A. No electrical work shall be installed, changed or added to A. In every dwelling, no electric fuse or overload device shall be without a permit from the Commissioner first having been bypassed in any manner. obtained, excepting work done in their own plants by persons B. Capacity. not required to be licensed under Article I of this chapter. (1) No electric fuse or overload for use in any B. No permit shall be required for the work of replacing fuses, dwelling shall be of any greater capacity than provided in the receptacles, switches or fixtures which are on existing electrical Electric Code, namely: systems, provided that there is no additional new work or Size of Wire Capacity of Fuse or Overload change in the existing wining system. Device (amperes) C. The Chief Electrical Inspector or a member of his staff is No. 14 15 hereby charged with the duty and responsibility of inspecting all No. 12 20 work done pursuant to said permit to determine whether the work conforms to accepted standards and thereafter to prepare rules and regulations governing the installation of electrical a written certificate specifically explaining the approval of the work in work. said city. D. Each permit shall be prepared and issued in duplicate by the Expires December 31, 20 Commissioner. The application for a permit shall be in Director of License Commissioner of Permit and Inspection duplicate, made on forms furnished by the Commissioner. Services § 165-28. Issuance; work by owner-occupant. § 165-36. Issuance and exhibit of card. A. A permit shall be issued only to a master electrician duly A card containing the wording on the aforesaid license, with licensed under Article I and to the persons exempted in said blank spaces filled in, shall, at the time of issuance of said Article. Permits shall be issued upon the applicant's license by the Director of Housing and Inspections compliance Commissioner of Permit and Inspection Services, be issued to with this Article and upon payment of the required fees. said applicant, who shall carry the same upon his person while B. Notwithstanding any other provision of this section, a permit in the performance of the electrical work, and said card shall be shall be issued to an owner-occupant of a one- or two-family exhibited, upon demand, to any policeman or inspector of dwelling, provided that he has proved to the Chief Electrical electrical work of said city or to any owner or agent on any Inspector that he premises upon which said electrician is doing work. is personally qualified to perform electrical work. § 165-37. Application. § 165-29. Application. Any person desiring to obtain a license to perform any The application for a permit must state the name and electrical work as a journeyman electrician in the City of Buffalo address of shall first make application to the Director of Housing and the owner or occupant of the property, the name and address Inspections Commissioner of Permit and Inspection Services of the applicant for the permit, the general nature of the work to of said city, upon forms provided by said Director be done and such further information as the Commissioner Commissioner, giving such details as are required by the may require and that the work will be done in accordance with Director Commissioner. The application shall contain: the provisions of this Article and the ruled of the National A. The name, age and address of the applicant. Electrical Code. B. A statement of the kind of work in which the applicant has § 165-30. Contents. been engaged for the past five (5) years. Permits issued upon said application will state the name and C. A statement of the experience and qualifications of the address of the owner or occupant of the property, the name applicant in the performance of electrical work. and address of the applicant for the permit, the general nature § 165-38. Referral to Examining Board of Electricians. of the work to be done thereunder and such further information Upon receipt of the aforesaid application, the Director of as the Commissioner may prescribe and that said work must Housing and Inspections Commissioner of Permit and conform to this Article and the rules of the National Electrical Inspection Services shall thereafter refer the same to the Code. Examining Board of Electricians of said city, as now or § 165-3 1. Record of permits and inspections. hereafter constituted, for examination as The Commissioner shall keep a complete record of his permits to the qualifications of the applicant to do electrical work. The and inspections. Examining Board of Electricians shall return to the Director of § 165-32. Applicability of fees. Housing and Inspections Commissioner of Permit and Permit fees shall be as provided in Chapter 175, Fees. Inspection Services said application, together with a statement ARTICLE V, Journeyman Electricians of the Board's actions thereon. § 165-33. Definitions. § 165-39. Examination. As used in this Article, the following terms shall have the In order to ascertain the qualifications of any applicant for a meanings indicated: license as journeyman electrician, as herein provided, said JOURNEYMAN ELECTRICIAN -- Any person who holds Examining Board of Electricians, before registering said himself or herself out to the public as a "journeyman electrician, shall require the applicant to pass a test or electrician," who has completed his/her apprenticeship to the examination as to his/her qualifications to do electrical work in satisfaction of a duly authorized union or agency and who must said city. Said examination or test shall be conducted by the be employed to perform his/her duties under the supervision of Board itself or by a firm or agency which has been selected by a firm or individual who is licensed by the City of Buffalo as a the Board pursuant to determination (by the Board) that said master electrician. firm or agency is qualified to prepare and/or administer said § 165-34. License required; penalties for offenses. examination on behalf of the Board. A. No person shall perform any electrical work as a journeyman § 165-40. Registration; issuance of license. electrician in the City of Buffalo without being licensed as A. Every applicant for a license as a journeyman electrician hereinafter provided. aforesaid, after taking said examination and satisfactorily B. Any violation of this section shall be deemed to be the passing the same, shall be entitled to register his/her name and commission of an unclassified misdemeanor and shall be address with said Board under rules established by said Board. punishable by a fine or penalty of not more than one thousand Upon so registering, said dollars applicant shall receive a certificate of registration from said ($ 1,000.) or by imprisonment for not more than sixty (60) days, Board, which he/she shall present to the Director of Housing or by both such fine and imprisonment, for each such offense. and Inspections Commissioner of Permit and Inspection § 165-35. Form of license. Services before Said license shall be in printed form, containing the words: receiving a license from said Director Commissioner. Upon City of Buffalo receiving said certificate of registration, the Director of Journeyman Electrician's License Housing and Inspections Commissioner of Permit and Date: Inspection License No. Fee is Services may issue a license to said applicant to perform hereby granted to to electrical work as a journeyman electrician in the City of perform electrical work as a journeyman electrician in the City Buffalo. of Buffalo, pursuant to applicable codes of said city, and the B. The Director of Housing and Inspections Commissioner setting forth the date on which the apprenticeship was begun, of Permit and Inspection Services shall not issue any license, by whom employed or the trade school as herein provided, to any applicant therefor unless and until which he/she has attended and such other information as the there has Board may require, and which registration shall constitute a been filed in his office said application, together with a record of his/her apprenticeship and of his/her right to file an statement of the action of the Examining Board of Electricians application for examination and license subject to the and a certificate of registration in the name of the applicant, provisions of the application, sworn statement and the signed by the Examining Board of Electricians. ordinances covering journeyman electrician licenses. § 165-41. Revocation of license. B. An apprentice cannot be placed in charge of work of The Director of Housing and Inspections Commissioner of installing electrical work and do such work along, neither can Permit and Inspection Services may revoke any license issued such apprentice install electrical work under the supervision of to any person under the provisions of this Article for cause after a master electrician when such master electrician is not also a hearing upon three (3) days' notice to said person. physically present and taking an active part in the installation. § 165-42. Reports of electrical inspectors. APPROVED AS TO FORM City of Buffalo Electrical Inspectors shall report, in writing, to Michael B. Risman the City of Buffalo Chief Electrical Inspector in the Department Corporation Counsel of Inspections and Community Revitalization, or in whatever Note: Matter in bold to be deleted; matter underlined is new. city agency the Chief Electrical Inspector may be employed at REFERRED TO THE COMMITTEE ON LEGISLATION. the time, the name of any joumeyman electrician found installing any electrical work in the City of Buffalo without a NO. 135 certificate of registration or a license, as herein required, and BY: MR. FONTANA said Chief Electrical Inspector shall then refer the matter to the ORDINANCE AMENDMENT Director of Housing and Inspections Commissioner of CHAPTER 175 - FEES Permit and Inspection Services for said Director The Common Council of the City of Buffalo does Commissioner's action. The Director of Housing and hereby ordain as follows: Inspections Commissioner of Permit and Inspection Services That Chapter 175, Fees, of the Code of the City of shall thereafter inform, in writing, said Chief Electrical Inspector Buffalo be amended to read as follows: of the result of any action taken by him/her as aforesaid against Chapter 66, Air Pollution any such unlicensed journeyman electrician. § 66-11, fuel- or refuse-burning plant, equipment and device § 165-43. Fees; expiration and renewal of license. [Amended permit 5-22-1995; effective 6-2-1995] Examination of plans for the purpose of issuing an permit The fee for a journeyman electrician's license and the fee for or original and annual inspection for the purpose of issuing each renewal of said license shall be as provided in Chapter an original or an annual certificate of operation: 175, Fees. Each said license shall expire on the 31st day of the For inspecting any existing or new, reconstructed, altered second December following the issuance of said license and or added-to fuel-burning equipment or device: shall be renewable thereafter biennially on the 31st day of The furnace volume of which does not exceed 25 cubic $21.00 December. The Examining Board of Electricians shall charge a feet or equivalent or the BTU input per hour of which fee as provided in Chapter 175, Fees, for each examination does not exceed 1,500,000 for each unit prepared and administered by said Board or shall direct The furnace volume of which is greater than 25 cubic feet $26.25 examination candidates to make payment of a fee, in an but not in excess of 50 cubic feet or equivalent or the amount approved by said Board, directly to an outside firm duly BTU input per hour of which is greater than 1,500,000 but selected by said Board for the purpose of preparing and does not exceed 3,000,000, for each unit administering said examination on behalf of the Board. The furnace volume of which is greater than 50 cubic $31.50 § 165-44. Application for renewal. feet but not in excess of 100 cubic feet or equivalent Every holder of a valid license hereunder shall, prior to or the BTU input per hour of which is greater than December 31 of each year, make application to the Director of 3,000,000 but is not in excess of 6,000,000, for each unit Housing and Inspections Commissioner of Permit and The furnace volume of which is greater than 100 cubic $42.00 Inspection Services for a renewal of the same. No renewal of feet or equivalent or the BTU input per hour of which said license shall be granted by the Director of Housing and is greater than 6,000,000, for each unit Inspections Commissioner of Permit and Inspection Services For issuing a pen-nit for heating and fuel devices unless the applicant presents with his/her application for a No. of Units < 1500000 BTU's Modifier Fee: Over 0 $21.00 renewal of license a certificate of registration obtained from the No. of Units < 3000000 BTU's Modifier Fee: Over 0 $26.25 Examining Board of Electricians of said city. The renewal of No. of Units < 600000 BTU's Modifier Fee: Over 0 $31.5 said license shall be in the discretion of the Director of Housing No. of Units > 600000 BTU's Modifier Fee: Over 0 $42.0 and Inspections Commissioner of Permit and Inspection § 66-23, certificate of inspection for incinerators Services who may for a reasonable length of time stay the Up to 4 cubic feet $10.50 renewal thereof pending investigation of any complaints or For each additional cubic foot of combustion chamber $1.30 charges made against the applicant. No rebate of any portion of Maximum fee, each $26.25 said annual renewal, however, shall be allowed pending such § 103-12, building permits stay of license. Application fee is charged for all flat fee permits and is § 165-45. Apprentices. distinct and separate from the permit fee. The total cost of a A. In order to establish a record of his/her beginning an building permit is the application fee plus the permit fee as apprenticeship, every electrical apprentice or learner, calculated by the tables below $46.00- $25.00 regardless of age, who contemplates filing an application for a Deletions available in City Clerk’s Office. journeyman Permit fees - flat electrician license shall, within sixty (60) days after the For residential awnings $15.00 beginning of such apprenticeship, register with the Examining For re-paving of commercial driveways $30.00 Board of Electricians on a blank furnished by said Board, For re-paying of residential driveways $15.00 For residential garage doors $15.00 For renovations of 1-Story residential porches ARTICLE 1, Venting of Equipment and decks $15.00 Deletions available for review in The City Clerk’s Office For repair, renovation or replacement in kind for ARTICLE 11, General Standards residential property $25.00 § 238-3. Purpose. For residential siding $15.00 The purpose of this Article is to create a Board of Heating For residential re-placement windows $15.00 Examiners; to prescribe the powers and duties of such a For commercial replacement windows $50.00 Board; to provide for the licensing of those who engage in the For commercial awnings $25.00 business of installing, replacing or repairing heating equipment For Christmas tree sales $15.00 and to qualify such persons under the provisions of this Article; For new commercial decks $50.00 to provide a procedure for revoking of licenses issued For new residential decks $25.00 hereunder; to provide penalties for violations of this Article; to For demolition of a house by owner/occupant $175.00 provide standards and requirements for the installation of such For demolition of a garage by owner/occupant $15.00 heating equipment; to protect and safeguard the public health, For residential dormers $15.00 safety and welfare; and to protect life and property from fire, For residential re-roof $15.00 gas fumes, explosions and faulty or improper installations. For new commercial driveways $50.00 § 238-4. Applicability. For new residential driveways $25.00 This article shall apply to all installations of heating For new residential fences under 16 feet $5.00 equipment, replacements or repair of the same. This article For new residential fences over 16 feet $15.00 shall also apply to existing building equipment but should not For new commercial fences 200 feet and under $50.00 be construed to require structural alterations to such existing For new commercial fences 201 feet and over $75.00 buildings or equipment or replacement of existing equipment For alteration or creation of new openings within the building unless the Chief Combustion Inspector shall determine by envelope, residential $25.00 investigation that the conditions thereof and a failure to For alteration or creation of new openings within the building promptly comply with this article shall constitute an immediate envelope, commercial $50.00 and present danger to human life or property or to the health For outdoor cafes. $15.00 and safety of the public and thereupon orders such immediate For residential parking lots $25.00 alterations, replacements or corrections. For above ground pools $15.00 § 238-5. Inspections; order to remedy unsafe conditions. For in-ground pools $100.00 The Commissioners of Community Development For new I story residential porches $25.00 Commissioner of Permit and Inspection Services and Fire or For new 2 story residential porches $50.00 their duly authorized representatives are hereby empowered For portable signs on the city right of way $75.00 and authorized at any reasonable time to enter upon and into For portable signs on private property $15.00 any buildings, structures or premises within the City of Buffalo For residential sheds $5.00 for the purpose of examining and inspecting them to ascertain For awning signs $75.00 the conditions thereof with respect to the provisions of this For billboard signs $125.00 article or any other related conditions which may constitute an For pole signs $75.00 immediate and present danger to human life or property and to For tank installation $150.00 the health and safety of the public. Whenever any building, For tank removal $50.00 premises, device, equipment or installation is found to be in For co-locations $275.00 violation of the requirements of this article or if found to be For new tower/satellite $725.00 unsafe or in a condition to be dangerous to human life or All application and permit fees not covered by "flat fees" or property and to the health and safety of the public, the otherwise explained in this section will use the following fee Commissioners of Community Development schedules. Commissioner of Permit and Inspection Services or Fire or This fee structure is predicated on the city's cost to provide the their authorized representatives are empowered to order that plan review, inspection and administrative functions title 19 of the conditions be corrected and the hazard abated. Failure to the Official Compilation of Codes, Rules and Regulations of the comply with such an order shall be deemed a violation of this State of New York. (19 NYCRR) article. Sliding fees are calculated as follows: square foot amounts for § 238-6. Enforcement. each work area segregated by use (as referenced the Building It shall be the duty of the Chief Combustion Inspector to Code of New York State, Chapter 3 Use and Occupancy enforce all the requirements of this article relative to the Classification) are multiplied according to the following table of installation, alteration, repair, use and maintenance of such areas to get the square foot value for each use: heating equipment. Building Permit Fee Schedule § 238-7. License required. Available in Clerk’s Office. A. It shall be unlawful for any person to install, erect, APPROVED AS TO FORM alter, repair, service, reset or replace any heating or process Michael B. Risman system or appurtenances thereto unless said person shall have Corporation Counsel first obtained a license as a heating contractor or is performing Matter in bold to be underlined; matter unlined is new. said work under the supervision of a duly qualified license REFERRED TO THE COMMITTEE ON LEGISLATION. holder, provided that nothing herein shall prohibit any person from performing such work in his own home after certification NO. 136 by the Chief Combustion Inspector and BY: MR. FONTANA the Chief of the Bureau of Fire Prevention that said person is RE: ORDINANCE AMENDMENT qualified to make installations. CHAPTER 238 - HEATING B. Any violation of this section shall be deemed to be The Common Council of the City of Buffalo does hereby the commission of an unclassified misdemeanor and shall be ordain as follows: punishable by a fine or penalty of not more than $ 1,000 or by That Chapter 238 of the Code of the City of Buffalo be imprisonment for not more than 60 days, or by both such fine amended to read as follows: and imprisonment, for each such offense. § 238-8. Maintenance of place of business; display of license. hereafter provided, or such applicant has a person in his Every licensed contractor hereunder must have and maintain regular employ who is actively in charge and who has an established place of business. The license must be submitted to such examination, provided that when a license conspicuously displayed at said place of business. Such place has been issued to an of business must be known to the Director- of lnspections, applicant based on the qualifications of such regular employee Licenses and Permits Commissioner of Permit and and the active services of such employee with the applicant has Inspection Services and the Chief Combustion Inspector. been terminated, it shall be unlawful for the said licensee to § 238-9. Bond. engage in any of the operations covered by this article until said Before a license is issued, the licensee shall execute and licensee is again qualified in accordance with the provisions furnish to the City of Buffalo a bond in the sum of $10,000, hereof conditioned to indemnify and save harmless the City of Buffalo C. The Director- of the Division of of and from any damage or loss which may result from the work inspections, Licenses and Permits Commissioner of Permit of said licensee being done carelessly or imperfectly or in such and Inspection Services may issue a license upon application a way that injury or loss results therefrom or by reason of any as provided herein or refuse to issue said license upon proof failure on the part of any employee of the licensee to comply that the applicant therefor is not fit or qualified or is not a with all or any of the ordinances and regulations relating to the suitable person to engage in such operation, provided that the installation of such heating equipment. Board of Heating Examiners shall § 23 8-10. Responsibility for violations. make a thorough investigation of the training, experience, In the case of a person's, firm's or corporation's, as a qualifications, character and fitness of the applicant and/or the contractor, employing a heating installer's licensee, both said person to be examined and shall examine such applicant licensee and said person, firm or corporation employing him and/or person to shall be responsible for all violations of this article. The determine his qualifications, fitness or suitability to take part in licensee, any person, firm or corporation employing him and any of the operations of the business. Such examinations shall any subcontractor shall be responsible for all violations of this be written and oral and may also include practical article committed by such subcontractor. demonstrations. § 238-11. License eligibility. D. The Board of Heating Examiners is hereby An applicant for a license hereunder shall be at least 21 authorized to adopt rules and regulations necessary to make years of age and shall have had at least two years of practical effective the provisions of this article concerning said experience in the installation of heating equipment in the class examinations. Licenses may be revoked or of license he is applying for, or shall have satisfactorily suspended by the Director- of the Division of inspections, completed a course of study in heating equipment given by a Licenses and Permits-Commissioner of Permit and Inspection recognized school, plus one year of practical experience in the Services in accordance with the Charter of the City of installation of heating equipment in the class of license he is Buffalo relative thereto. All licenses granted hereunder shall applying for, or shall be a graduate engineer. expire on the 31 st day of December next following issuance § 238-12. Exemption from examination. and shall be renewed annually. Failure to renew properly a There are no exemptions from examination. All applicants for license shall result in its termination. Any such license forfeited a license must comply with the provisions of this article. for nonpayment of the annual § 238-13. Application for license; issuance or denial; renewal fee may be reinstated upon payment of the annual revocation or suspension; expiration; renewal. renewal fee, provided that no such license may be renewed A. Applications for a license shall be made on forms after the expiration of one year without submitting to an furnished for such purpose by the examination. Division of Inspections, Licenses and Permits. The application E. A license issued pursuant to this chapter may be under oath of the applicant shall suspended or revoked by the Director inspections, Licenses contain, in addition to other required information, the following. and Permits Commissioner of Permit and Inspection Services (1) The name, age and address of the upon certification of the Board for any one (1) or more of the applicant. following reasons: (2) The qualifications of the applicant. (1) Fraud, misrepresentation or bribery in securing a (3) If the applicant is a corporation: license. (a) The full and accurate name of the (2) Any false statement as to a material matter in the corporation. application. (b) When and where incorporated. (3) The conduct of the business of the licensed heating (c) The full name and address of the officers contractor has been marked by a practice of failure to perform of the corporation. his contracts or the manipulation of contract deposits, assets or (d) The name of the officer or regular accounts or lack of good faith in dealing with owners. employee who is to take the examination and his qualifications. (4) Violation of any provision of this chapter. (4) If the applicant is a partnership: (5) Willful violation of the health laws of the County of (a) The names and addresses of members Erie or failure to secure all proper permits or failure to comply thereof and the name of the partner or regular employee who is with the ordinances of the City of Buffalo. to take the examination and his qualifications. (6) Failure to notify the Director- of Inspections, (5) If the applicant conducts business under Licenses and Permits Commissioner of Permit and a trade or assumed name: Inspection Services of any change or control in the ownership, (a) The complete and full trade name. management or business name or location of the heating (b) The name of the person or persons doing contractor business business under such trade or assumed name. (7) Abandonment or willful failure to perform, without (c) The name of the individual or regular Justification, any contract or project engaged in or undertaken employee who is to take the examination and his qualifications. by a licensee, or deviation from or disregard of plans or willful B. No license shall be issued to an applicant specifications in any material respect without consent of the until he has submitted to an examination as owner. (8) Making any substantial misrepresentation in the C. The Mayor shall have the power to remove appointed procurement of a contract, or making any false promise likely to members for reasons stated in writing and after an influence, persuade or induce such contract. opportunity to be heard, and he shall also possess the power to (9) Any fraud in the execution or in the material fill any vacancy occurring for the unexpired term of a member alteration of any contract, mortgage, promissory note or other with a person having the same minimum qualifications. document incident to a heating contracting transaction. D. The members of such Board shall serve without any (10) Preparing or accepting any mortgage, promissory compensation therefor because of their duties on said Board. note or other evidence of indebtedness upon the obligations of E. The Commissioner- of Community Development a heating contracting transaction with the knowledge that it -The Commissioner of Permit and Inspection Services shall recites a greater monetary obligation than the agreed provide an office and meeting place for the Board and shall consideration for the work. provide clerical help therefor and a proper place as a depository (11) Work or installation commenced prior to the of records of the Board. issuance of the required license. F. No member of the Board shall pass upon any (12) Work or installation commenced prior to the question in which he personally or any group or association issuance of the required permit. After three infractions, the with which he is associated is interested. heating contractor's license shall be revoked. § 238-18. Rules and regulations; meetings; quorum; minutes F. No license shall be suspended or revoked until after and records. a hearing before the Board upon at least five days' notice to the A. The Board shall have the power to adopt for its licensee at the last known address appearing on the license. procedure and government rules and regulations not The notice shall be served personally or by inconsistent with law or ordinance. registered mail and shall state the date, hour and place of the B. Meetings of the Board shall be held at the call of the hearing. The notice shall set forth a brief statement of facts Chairman and at such other times as the Board may determine. constituting the grounds for the charges against the licensee. The Chairman or, in his absence, the Acting Chairman as The licensee may appear in person or by counsel and may selected by produce witnesses in his behalf A record of the hearing shall the Board, may administer oaths to all applicants for a license. be taken. The Director- Chief shall, upon the determination The presence of three members shall constitute a quorum. The and certification of the Board, suspend or revoke the license or Board shall act by resolutions. The concurring vote of three dismiss the proceedings. members of the Board shall be necessary to perform any § 238-14. Classification of licenses, fees. affirmative act. The Board shall keep minutes of its A. There shall be three classifications of licenses. proceedings, showing the vote of each member upon any (1) A Class I license. The holder shall be able to install question or, if absent or failing to vote, indicating such fact; and any type of heating equipment using oil, gas or solid fuels. A the Board shall also keep records of its examinations and Class I license shall be subdivided into two parts, a Class la other official actions. and a Class 1b. § 238-19. Examinations. (2) A Class 11 license. The holder shall be able to A. Examinations of applicants for heating contractors' install any type of equipment using gas or solid fuels. licenses shall be conducted approximately every three months (3) A Class III license. The holder shall be limited to the at such times and places as the Board may designate. installation of woodburning fireplaces or stoves. B. The examination shall be based upon the provisions B. Fees. Fees for a heating installer's license shall be of this article, upon the conditions and requirements of heating as provided in Chapter 175, Fees. and ventilating and air conditioning, guided by the American § 238-15. Heating contractor's sign required. Society of Heating and Air Conditioning Engineers and the There shall be displayed at the location of each installation applicable ordinances of the City of Buffalo and the laws of the during the progress of installation or repair a conspicuous sign State of New York. It shall be reasonable but sufficiently stating in substance the heating contractor, the name and comprehensive to test the qualifications of the applicant and address of the licensee and the expiration date of the license. may include practical demonstrations. § 238-16. Establishment of Board of Heating Examiners. C. After such examination, said Board shall forward its There is hereby created a Board of Heating Examiners to findings and recommendations to the Director- of the examine applicants for a heating license and perform such Division of inspections, Licenses and Permits other duties as set forth under the provisions of this article. Commissioner of Permit and § 238-17. Membership of Board; terms; removal; vacancies; Inspection Services as to whether or not the applicant and/or compensation; office; interest. the person examined is fit or qualified or is a suitable person to A. Such Board shall consist of five members, two of take part in the operations of the business and whether a whom shall be the Chief Combustion Inspector and the Chief license shall be issued by said Director Commissioner. of the Bureau of Fire Prevention, who shall serve ex officio as § 238-20. Permit required. part of the functions and duties of their respective offices. Two A. Before any work is performed thereunder, it shall be of said members shall be residents of the City of Buffalo and the duty of the person licensed as a shall be licensed heating contractors. One of said members contractor under this article to apply for and receive a permit for shall be a resident of the City of Buffalo and not engaged in the the installation, repair, reconstruction or material alteration by business of heating equipment nor him of any heating equipment, after filing the application for a contracting for the same. The three appointed members, permit hereafter described and paying the required fee under exclusive of the above-enumerated Chief Combustion Inspector the procedure and provisions of Chapter 66 of the Code of the and Chief of the Bureau of Fire Prevention, both of whom shall City of Buffalo. This duty imposed on the contractor to obtain a serve on such Board because of and during their respective permit is a primary duty over and above the duty imposed on terms of office, shall be appointed by the Mayor, who shall the owner to obtain a permit under Chapter 66, § 66-6, of the designate one member to act as Chairman. City of Buffalo and is an addition of the C ode thereto. B. The appointed members shall serve for terms of one B. The pen-nit application for the heating system or work year, three years and five years, respectively, in the order in performed on the heating system shall be submitted to the which appointed by the Mayor. The successors to the original Chief Combustion Inspector, prior to any work being done, and appointees shall serve thereafter for a term of three years. must show the total building heat loss, manufacturer's name, Every building used in whole or in part as a home or residence model number, type of system, fuel and chimney. of one or more persons shall conform to the requirements of §§ C. Permits issued for one- and two-family homes, 242-1 through 242-11, inclusive, irrespective of the class to multiple dwellings, apartment houses, rooming houses, nursing which such building may otherwise belong and irrespective of homes, senior citizens retirement homes and orphanages shall when such building may have been constructed, altered or be classified as residential permits. All other permits shall be repaired, unless otherwise provided in this chapter. classified as commercial installations. § 242-2. Effect on other provisions. § 238-21. Installation requirements. This chapter establishes minimum standards for occupancy, All installations of heating systems shall be installed and facilities and maintenance and does not replace or modify work completed according to the standards, conditions and standards or laws otherwise established for the construction, requirements hereinafter set forth. All materials and methods of replacement or repair of buildings and dwellings, except such installation of such heating systems shall comply with the as are less restrictive than those hereinafter required. requirements hereinafter set forth and with all other applicable § 242-3. Access for inspection and repair. ordinances of the City of Buffalo relating thereto. A. The Erie County Commissioner of Health or his § 238 22. Definitions, authorized representative and/or the Commissioner of Permit As used in this article, the following terms shall have and Inspection Services or his authorized representative is the heated- hereby BOILER* empowered and directed to make inspections to determine the A. H1GH PRESSURE BOILER A self contained fuel condition of dwellings and premises located within the city in burning device used for- supplying steam or- hot water- for- order that he may perform his statutory duty of safeguarding heating purposes, in excess of the following pressures or the health and safety of the occupants of dwellings and of the temperature general public. For the purpose of making such inspections, (1) Steam boiler- 15 pounds per- square inch steam the Commissioner or his representative is hereby authorized to gauge. enter, examine and survey, at all reasonable times, all dwellings (2) Hot water- boiler-: 160 pounds per square inch and premises within the city. water pressure; 250' F. water temperature. B. It shall be the duty of the owner or occupant of a B.LOW PRESSURE BOILER A self contained fuel device dwelling or the person in charge thereof to give an authorized used for- supplying steam or hot water for- heating representative of the Erie County Department of Health and/or purposes not in excess of the following pressures or- the Commissioner of Permit and Inspection Services free temperature-. access to such dwelling and its premises at all reasonable Steam boiler-. 15 pounds per- square inch steam gauge. times for the purpose of such inspection, examination and Deletions available for review in The City clerk’s Office survey. § 238-30. Inspection of concealed work. C. It shall be the duty of every occupant of a dwelling to No heating installations of parts thereof shall be covered in give the owner thereof or his agent or employee access to any such a manner as to make them unavailable for inspection part of such dwelling or its premises at all reasonable times for unless and until such installations have been inspected and the purpose of making such repairs or alterations as are approved, exclusive of new wall stacks in existing buildings. necessary to effect compliance with the provisions of this § 238-3 1. Emergency work. chapter or with any lawful rule, regulation or order adopted or In case of emergency, the contractor may proceed with the issued pursuant to the provisions of this chapter. work and file the application for a permit within 24 hours, § 242-9. Unfit dwellings. Sunday and holidays excepted. The designation of a dwelling or dwelling unit as unfit for § 238-32. Testing. human habitation and the procedure thereon shall be in A. All such heating equipment shall be properly tested upon compliance with the following: completion of the installation and before turning such A. Whenever the owner, occupant or lessee or agent equipment over to the owner for normal usage. Tests shall for the owner, occupant or lessee or any person having charge include checking controls, testing for gases or oil or flue gas or care of such premises fails or refuses to comply with the leakage, fuel consumption ratio, maximum stack temperature orders of the Erie County Commissioner of Health and/or the readings and draft readings. Where steam boilers are installed, Commissioner of Permit and Inspection Services based on the hydrostatic tests provisions of this chapter or on any rules or regulations adopted shall be made. by the Department of Health pursuant to the provisions of this B. Upon completion of the tests of the installation of any chapter, such dwelling or dwelling unit may be equipment, the contractor shall file with the Chief Combustion condemned by the Commissioner as being unfit for human Inspector a complete record of such test, including the date habitation and shall be vacated or brought into compliance with made, the name or names of persons performing such test and the provisions of this chapter or any other applicable laws, the name of the contractor. codes or ordinances within a reasonable time as ordered by the Deletions available for review in The City Clerk’s Office Commissioner. Approved as to Form B. Before such placarding procedure may be used, Matter in bold deleted-Matter underlined is new except in a case of emergency as mentioned in § 242- 1 OB, a REFERRED TO THE COMMITTEE ON LEGISLATION notification or order of the Commissioner, based on the provisions of this chapter or rules or regulations adopted NO. 137 thereunder, to any owner or occupant or person having charge BY: MR. FONTANA or care of any premises shall be put in writing and contain a RE: ORDINANCE AMENDMENT brief description of the conditions complained of which are CHAPTER 242 - HOUSING STANDARDS alleged to be in violation of specified provisions of this chapter The Common Council of the City of Buffalo does hereby or rules or regulations adopted thereunder or any other ordain as follows: applicable ordinance, code or statute; and such notification or That Chapter 242 of the Code of the City of Buffalo be order may further state that if such alleged violations are not amended to read as follows: corrected within 10 days of service thereof, that the premises § 242-1. Compliance required. involved may be placarded under the provisions of this chapter or such other and further action § 242-10. Service of notices and orders; hearings; legal may be taken as the Commissioner deems justified. Such actions; emergencies. notification or order may be served by mail or by personal A. Any person affected by any notice or order which service upon either the owner, occupant or person in charge of has been issued under any provision of this chapter or of any the premises or upon all of them, depending on the rule or regulation adopted pursuant thereto may request and circumstances as to responsibility for the alleged violations shall be granted a hearing on the matter before the complained of. If the premises are unoccupied, such Commissioner of Health or the Commissioner of Permit notification or order may be mailed to the owner at the name and Inspection Services, depending upon which and address shown on the records of the Department of Commissioner issued the notice or order. Upon receipt of a Assessment and Taxation. written petition from such person, which petition shall contain a C. The following listed defective conditions in a dwelling brief statement of the grounds therefor, the Commissioner shall or dwelling unit shall not be deemed to be exclusive if other or hold a hearing, at which time such person shall be given an different conditions exist on such premises that may opportunity to show why such notice or order should be reasonably be deemed by the Commissioner to cause the modified or withdrawn. No such hearing shall be required premises to be unsafe or in such unless the petition therefor shall have been filed in the office of condition as to be dangerous to human life or property and to the Commissioner within five days after the date the notice or the health and safety of the public: order was issued. On receipt of such petition, the (1) Where interior walls or other vertical structural Commissioner shall set a time and place for such hearing and members list, lean or buckle more than V2 out of the vertical shall plane of the thickness of those members between any two give the petitioner written notice thereof The hearing shall be floors or the floor is sagged or slanted more than %4out of the commenced not later than 10 days after the date on which the horizontal plane of the depth of floor structural members in any petition was filed. After such hearing, the Commissioner may ten-foot distance. sustain, (2) Where the dwelling or dwelling unit has been so modify or withdraw the notice or order complained of by the damaged by fire, wind, flood or other cause as to become petitioner, depending upon his finding as to whether the dangerous to the health or safety of its occupants or of the provisions of this chapter and of rules and regulations adopted public. pursuant thereto have been complied with. After any such (3) Where the dwelling or dwelling unit, in whole or in hearing, in the case of any notice or order suspending any part, is so dilapidated, decayed, unsafe or insanitary that it is permit required by this chapter, when such notice or order has likely to cause injury to the health or safety of its occupants or been sustained by the Commissioner, such suspended pen-nit of shall be deemed to have been revoked. The the public. proceedings at such hearing, including the findings and (4) Where the light, air or sanitation facilities are decision of the Commissioner, shall be reduced to writing and inadequate to protect the health or safety of its occupants or of entered as a matter of public record in the office of the the public. Commissioner. Such record shall also include a copy of every (5) Where the dwelling or dwelling unit has inadequate notice or order issued in connection with the facilities for egress in case of fire or panic or has unsafe matter. Any person aggrieved by the decision of the stairways, elevators, fire escapes or other means of egress. Commissioner may appeal therefrom to any (6) Where the dwelling or dwelling unit has structural or court of competent jurisdiction under the procedures provided other parts which are so attached that they may fall or collapse by the laws of this state. and injure the person or property of the occupants or of the B. No provision or requirement herein contained for a public. hearing shall in any way whatsoever (7) Where the dwelling or dwelling unit, because of its affect or impair the night of the Commissioner to at any time general condition, is unsafe, insanitary or otherwise dangerous bring such legal proceedings, actions or prosecutions as to the health or safety of its occupants or of the public. otherwise or elsewhere are permitted by law or ordinance. (8) Where a condition exists in violation of any C. Whenever the Commissioner finds that an applicable provision of the laws or codes of this state or in emergency exists which requires immediate action to protect violation of any applicable ordinances or codes of the city so as the public health, he may, without notice or hearing, issue an to cause such order reciting the existence of such an emergency and dwelling or dwelling unit to be in an unsafe or insanitary requiring that such action be taken as he deems necessary to condition or otherwise dangerous to the health or safety of its meet the emergency. Notwithstanding the other provisions of occupants or of the public. this chapter, such order shall be effective immediately. Any D. No dwelling or dwelling unit which has been person to whom such order is directed shall comply therewith condemned as unfit for human habitation and so placarded by immediately but, upon written petition to the Commissioner, the Commissioner shall be used for human habitation until shall be afforded a hearing as soon as possible. After such such placard is removed by the Commissioner. Any person hearing, depending upon his finding as to whether the affected by any notice or order relating to the condemning and provisions of this chapter and of the rules and regulations placarding of a dwelling as unfit for human habitation may adopted pursuant thereto have been complied with, the request and shall be granted a hearing on the matter before the Commissioner shall continue such order in effect or modify or Commissioner at a time and place set by him. In cases revoke it. of emergency and immediate and apparent danger to the life, Deletions available for review in The City Clerk’s office. property or safety of the occupants of the dwelling or the public, § 242-12. Inspection enforcement. the Commissioner shall have authority to cause the premises to A. Every property owner shall pay a fee of $75, to be be assessed against the property, for each inspection after the immediately vacated and all use thereof to cease until the second inspection in which violations of a state or local building cause for condemnation has been corrected, abated or code are found, unless such fee is waived by the Bureau removed, and no hearing shall interfere with or delay such of Administrative Adjudication. Inspectors shall assess the fee, action on the part of the Commissioner. after consultation with the Chief Building Inspector or the Director- of inspections, Licenses and Permits - Commissioner of Permit and Inspection Services, when, in the such premises of personal property such as furniture, clothing, evaluation of the inspector, the status of the violation has not bric-a brac, tools and such other and similar items used about progressed or been satisfactorily completed. The fee shall not the household, but the term shall not include a flea market. be applicable to inspections ordered after the commencement JUNK DEALER -- Any dealer engaging in, conducting, of a court action. managing or carrying on the business of buying, selling or B. Each request for a waiver must be in writing to the otherwise dealing in, either at wholesale or retail, any used or Bureau of Administrative Adjudication, setting forth in detail the secondhand materials of any kind, including but Cot limited to circumstances justifying the waiver, and shall be limited to onerags, paper, rubbish, bottles, glassware, bags, cloth, rubber, inspection. The waiver request must include the name of the iron, brass or copper, automotive parts, equipment and property owner, the address of the property assessed the fee accessories. This definition, however, shall not be deemed to and the address of the owner of the property, if different from be exclusive. the subject property. Nothing in this section shall limit PAWNBROKER -- Any dealer who loans money on deposit or the number of waivers a property owner may request; however, pledge of personal property other than securities or printed each request must be submitted separately to the Bureau of evidences of indebtedness; deals in the purchase of personal Administrative Adjudication. The Bureau of Administrative property on condition of selling back at a stipulated price; does Adjudication may grant a waiver when extraordinary business as a furniture storage warehouseman; and loans and circumstances have been shown to exist. Those advances money upon goods, wares or merchandise pledged circumstances include but are not limited to the weather, or deposited as collateral security. financial hardship, family situations and illness. Each waiver PRECIOUS METAL AND GEM DEALER -- Any dealer who granted by the Bureau of Administrative Adjudication shall be in deals in, barters, purchases or resells any item of personal writing and shall set forth the rationale behind granting the property or object of value composed, in whole or part, of waiver. platinum, gold, silver, copper, brass, bronze or other precious APPROVED AS TO FORM metals or precious or semiprecious stones or pearls or Corporation Counsel imitations thereof secondhand to and from the general public NOTE: Matter in bold to be deleted; matter underlined is new. and who is not a pawnbroker within the above definition. REFERRED TO THE COMMITTEE ON LEGISLATION SECONDHAND DEALER -- Any dealer who, either wholly or in part, engages in or operates the trade or business of buying, NO. 138 selling, trading, bartering or exchanging secondhand personal BY: MR. FONTANA property, including household goods and appliances, gold, RE: ORDINANCE AMENDMENT silver and other precious metals, any tools, fixtures, electrical CHAPTER 254 - JUNK DEALERS AND devices and bric-a-brac. PAWNBROKERS USED CAR DEALER -- Any dealer who, either wholly or in The Common Council of the City of Buffalo does hereby part, engages in or operates the trade or business of buying, ordain as follows: selling, [storing,] trading, bartering, [or] exchanging or That Chapter 254 of the Code of the City of Buffalo be displaying for sale any type of secondhand automotive vehicles. amended to read as follows: § 254-2. License required. ARTICLE 1, General Regulations A. No persons, firm or corporation shall engage in or § 254-1. Definitions. carry on a retail or wholesale business of buying, selling, As used in this chapter, the following terms shall have the pawning, storing, collection, distribution or dealing in any of the meanings indicated: materials named in this chapter, nor conduct what is known as ANTIQUE DEALER -- Any dealer, eighty percent (80%) of a "junk shop" without first procuring a license from the whose inventory on a yearly basis consists of any painting, [Director of Housing and Inspections] Commissioner of Pen-nit furniture, china or other object painted or made more than fifty and Inspection Services. In addition to the requirements listed (50) years prior to the date of sale which is valuable below for junkyards, junk shops and junk dealers, primarily by reasons of age, scarcity, historical all applications for such activities shall be referred by the association or the skill and craftsmanship of the artists and [Division] of Licenses for approval by the Common Council, artisans. which shall consider the impact of such activity upon the DEALER -- Any person, firm, partnership, corporation, environment, upon surrounding residential neighborhoods and association or other entity and any principal, employee, agent or upon other relevant factors such as noise, foul odors, traffic servant thereof engaged in or conducting business for the patterns, ease of ingress and egress from the proposed activity purchase, sale, barter, exchange or pawn of junk, antiques, and factors of public health, safety and welfare. secondhand articles and personal property, gold, silver, B. No person, firm or corporation shall engage in or carry on a platinum and other precious metals, gems and precious and flea market without a license being first procured from the semiprecious stones or secondhand automotive vehicles. [Director of Housing and Inspections] Commissioner of Permit ENGAGED IN OR CONDUCTING BUSINESS -- The and Inspection Services by the owner or occupant of the purchase, sale, barter, exchange or pawn of any item aforesaid, permitted premises on which the flea market is to be held. including the advertising therefor and including such business C. In addition to the aforementioned requirements, all conducted by any dealer in a permanent location, and used car dealers must, at all times maintain for display, no shall include any person, firm, partnership, corporation, etc., more than the maximum number of vehicles ' as determined in who holds tag sales or holds more than three (3) house sales the issuance of their use permit or as prescribed by the Bureau or garage sales in any calendar year. of Fire Prevention. FLEA MARKET -- The gathering of one (1) or more vendors to § 254-3. Referral of license application. display and sell antique, junk, secondhand and used materials, A. All applications for licenses for junkyards, junk as defined in this chapter, at a stated time and on premises shops, flea markets or any type of dealer and any annual zoned for commercial use in the City of Buffalo. The term "flea renewals thereof shall be referred by the [Director of Housing market" shall not include a garage sale, porch sale, yard sale or and Inspections] Commissioner of Permit and Inspection similar-type sale. Services, before any licenses are issued, to the Commissioner GARAGE SALES -- Includes porch sales, yard sales or any of Fire[ and the Commissioner of Inspections and Community other sale on residential premises by the owner or occupant of Revitalization], who shall promptly cause an inspection to be made of the premises involved and shall promptly report to the § 254-9. License application. [Director of Housing and Inspections] Commissioner of Permit A. Every person, firm or corporation desiring to obtain any such and Inspection Services as to whether or not approval and license shall file a written application describing the character issuance of the licenses are recommended. If approvals are not of the business in which the applicant desires to engage, the recommended, such report shall state the reasons thereof. kind of material which he desires to deal in and the proper B. All applicants for licenses for junkyards and junk designation by street or number or other accurate description of shops or any type of dealer and any renewals thereof shall be the place where such business is to be conducted and shall referred by the [Director of Housing and Inspections] furnish to the [Director of Housing and Inspections] Commissioner of Permit and Inspection Services, before any Commissioner of Permit and Inspection Services such licenses are issued, to the Commissioner of Police, who shall information as he may require. promptly cause an investigation to be made into the B. Any application hereunder for a license for a new background and reputation of the applicant and shall promptly location not previously licensed must first be submitted by the report to the [Director of Housing and Inspections] applicant to the Common Council and approved by it before any Commissioner of Permit and Inspection Services as to whether such application may be filed with the [Director of Housing and or not approval and issuance of the licenses are recommended. Inspections] Commissioner of Permit and Inspection Services. If approvals are not recommended, such report shall state the No business shall be conducted in any place other than the reasons therefor. location stated in the license or the location to which it is § 254-4. Denial of license to convicted persons. transferred with the approval of the [Director of Housing and [No person who has been or who shall hereafter be convicted Inspections] Commissioner of Permit and Inspection Services. of larceny or knowingly receiving stolen property shall be No such license shall be transferred from one person to entitled to or receive a license within ten (10) years of the date another. Any such license may be revoked for cause in the of said conviction.] A junk dealer or pawnbroker license may manner provided by law. not be granted to an owner or operator convicted of any felony, C. Every person, firm or corporation desiring to obtain a any offense relating to the theft or receipt of stolen property, the flea market license shall include in his written application for theft or receipt or dismantling of motor vehicles, fraud of any such a license, in addition to the information otherwise required sort, or any series of convictions for petit larceny that would by this section, a designation of the maximum number of indicate a pattern of disregard for laws related to personal vendors which he will permit to participate in the flea market at property. any one (1) time during the license year. § 254-5. Applicability of license requirement to banks and § 254-10. Sale of articles subjected to infectious disease. other lending institutions. No licensee shall expose or offer for sale any bedding, clothing, This requirement shall apply to banks and other licensed household furniture or any article which has been subjected to lenders licensed under the Banking Law of the State of New any contagious or infectious diseases until the same has been York, financing agencies as defined in the Uniform Commercial properly disinfected, fumigated and approved by the Erie Code of the State of New York and automobile leasing County Health Commissioner. businesses which sell repossessed or owned used cars on the § 254-11. Conduct of business; placement and enclosure of retail market, whether by auction or private sale, but, §§ materials; certification of compliance. 254-12, 254-13, 254-14 and 254-18 of this chapter shall not A. No person, firm or corporation shall conduct or carry apply to said businesses. on any business described in this chapter in such a manner as § 254-6. Scrap processors. to unduly disturb the peace and quiet of the neighborhood. Any A. Any applicant who presently holds a valid license premises used for any of the businesses aforesaid shall at all from the [Director of Housing and Inspections] Commissioner times be kept and maintained in a clean, wholesome, sanitary of Penult and Inspection-Services to conduct and operate the and orderly condition and in full compliance with all ordinances business of a junkyard or junk dealer shall be eligible for a of the city and all regulations of the Erie County Department of license as a scrap processor pursuant to the provisions of Health. None of the materials mentioned the preceding Article 6-C of the General Business Law of the State of New sections shall be deposited, stored or sorted in a public street York, as enacted by Chapter 431 of the Laws of 1976, effective or public place in connection with any such licensed business. September 1, 1976. B. No person possessing a license under this chapter B. However, such holder of a license to conduct and to conduct and operate the business of a junkyard, junk dealer operate the business of a junkyard or junk dealer must make a or a place for the wrecking or dismantling of used motor new application to the [Director of Housing and Inspections] vehicles shall abandon, wreck, dismantle, sort, store, place or Commissioner of Permit and Inspection Services for a license keep any of the materials mentioned in the preceding sections to engage in business as a scrap processor. It is further or pen-nit or allow the abandoning, wrecking, dismantling, provided that such applicant must also comply with the sorting, storing, placing or keeping of any such provisions of §§ 254-11, 254-13 and 254-14 of this chapter. materials in any street or public place whatsoever or in any yard C. It is further provided that such license shall expire on or open place or open area situated on premises any part of June 30 of each year, and the fee for such scrap processor which is closer than two hundred (200) feet to any existing license shall be as provided in Chapter 175, Fees. building used principally as dwelling for one (1) or more § 254-7. Television repair exempted. families. Such The licensing requirements of §§ 254-2, 254-3, 254-4 and restrictions as to the distance from an existing dwelling shall 254-5 of this chapter shall not be applicable to television not apply if such materials are kept entirely within a completely technicians or television apprentices or any other persons enclosed building and shall not apply to any premises on which required to comply with the licensing provisions of Chapter 143, a business described in this chapter has been heretofore Consumer Electronics Installation and Repair. legally established and operating if such business was lawfully § 254-8. Garage sales. licensed on the first day of June 195 1. Any yard or open place The licensing and reporting requirements of this chapter shall or open area in which any of said materials are stored, kept or not be applicable to house or garage sales, except that if more placed shall be enclosed with a uniformly than three (3) such sales are held in any calendar year, a painted solid wood or sheet metal fence or masonry wall not permit from the Commissioner of Police shall be required. The less than six (6) feet high and maintained in good condition; permit fee shall be as provided in Chapter 175, Fees. provided, however, that if said yard or open place or arena is situated on premises every part of which is at least three etc., shall not be considered sufficient identification for hundred (300) feet distant from any purposes of this chapter. The seller shall also sign a existing dwelling or if the sorting, storing, placing, keeping, statement certifying that the items proffered for sale are the wrecking or dismantling of said materials is conducted or personal property of such seller. maintained at least three hundred (300) feet distant from any E. Bulk sales; automobiles. A person, firm or existing dwelling, a substantial metal mesh fence or equivalent corporation doing business in wagonload, truckload or carload fencing shall be permitted. The requirements contained herein lots only shall furnish the Department of Police with a weekly for solid fencing, other than metal mesh fencing or its report of each wagonload, truckload or carload of material equivalent, may be waived by the Common Council on bought during the week immediately preceding, containing a recommendation of the [Commissioner of Inspections and brief statement of the kind and quantity of such material and Licenses] Commissioner of Permit and Inspection Services the name and address of the seller of the same, together with upon a showing that the date of each transaction. In describing an automobile the metal mesh fence or its equivalent will adequately carry out so purchased, the name thereof, the maker's name, the motor and accomplish the purpose and intent of this chapter. number, the manufacturer's number, the vehicle identification C. Compliance with the requirements of this section as number and the make and number of tires should be given. to location, enclosures, structures and buildings shall be F. Exceptions. certified, in writing, by the [Director of New Construction to the (1) Estate sales. Dealers acquiring 10 or more items Director of Housing and Inspections] Commissioner of Pen-nit from an estate sale shall be exempt from this reporting and Inspection Services before any license shall be issued, requirement, except that they shall have to file any inventory renewed or reissued for any business described in this listing each item and stating from where and whom it was chapter, with the exception of a flea market. Each applicant for purchased. such license shall furnish to the [Director of New G. Penalty. Any person violating the provisions of this Construction ] Commissioner of Permit and Inspection section may be liable for penalties as prescribed in Chapter Services a plan of his premises showing the location and type 137, Article 1, of this Code. of each fence or other structure required by this section. § 254-13. Limitation on number of places of business. § 254-12. Report of articles acquired for sale; exceptions. No person engaged in the business of dealing in, A. Legislative purpose. This Legislature finds that there purchasing, selling, collecting, keeping or storing secondhand have been increased cases of burglary and larceny within its articles or other articles of any kind, as herein provided, shall jurisdiction over the past few years. In many instances, keep more than one house, shop or place for buying, selling, attempts have been made to sell stolen property to pawnshops keeping or storing such goods or articles by virtue of one or other dealers of secondhand articles for cash. While this license, without the written permission of the [Director of Legislature is aware that the State of New York has adopted Housing and Inspections] Commissioner of Permit and statutes to punish or prevent burglary and larceny, this body Inspection Services. finds that adoption of this chapter which requires record § 254-14. Display of license. keeping by such dealers will assist in making the sale of stolen Every licensed person, having a fixed place of business, property more difficult, will help in a recovery of identifiable shall display his license in a prominent place which is visible to property and will conform reporting requirements to the the general public. experiences of those law enforcement officials charged with the § 254-15. New automobile dealers. responsibility of carrying out the provisions of said chapter. A. Sections 254-13 and 254-14 of this chapter shall not B. Time for reporting. Every person, firm or corporation include nor apply to dealers who, in good faith, have engaged in the business of dealing in, purchasing, selling or established or shall establish a business of manufacturing of pawning secondhand articles shall, before 10: 00 a.m. of each buying and selling or an agency for such business of buying business day, prepare a report of all articles received in the and selling new or unused motor vehicles who occasionally, as prior business day in connection with the license granted in this an incident to such business, buy or receive in the course of chapter and shall furnish this report to the police upon request. trade secondhand motor vehicles for sale. Such sections shall, C. Form of reporting. Such report shall be upon forms however, include and apply to all such dealers who wreck or to be supplied by the Department of Police or in a junk such secondhand motor vehicles. form that is acceptable to the Department of Police. Such B. Notwithstanding any of the foregoing provisions of report shall include a complete description of each article, this chapter, no license to handle, store and deal in including brand name, make, serial and model numbers, color secondhand articles shall be required of any dealer in new and and size. In the case of any article of jewelry or containing unused motor vehicles who, as an incident to such business, jewels, the description shall also include size, setting, shape, accepts secondhand motor vehicles in trade, provided that color, number of karats, type of metal, number and type of such secondhand motor vehicles are disposed of in stones and a complete and accurate description of any initials, substantially the same condition as when taken in trade and not dates or inscriptions found thereon. dismantled before being disposed of, and provided that said D. Identification of seller. Such report shall also secondhand dealer in new and unused motor vehicles has a describe the name and verified address of the person selling store for the operation of his business of selling and offering for said item, including the seller's age, height, weight, race, sale new and unused motor vehicles in the City of Buffalo. gender and date of birth. The seller's address must be verified § 254-16. Certain goods to be held before sale; exemptions. by proper identification, showing the person described, and the A. Every secondhand dealer in jewelry, diamonds, type of identification so used must be noted, along with any watches, rings, furs, gold, silver and plated ware shall hold said identifying numbers on said identification. "Proper goods for a period of 21 days from the time of purchase and identification" shall mean any valid federal, state or local shall not resell the same until the expiration of said period. government agency photo identification that contains that Every secondhand dealer in clothing and tools shall hold said person's name. Such proper identification may include, but is goods for 21 days and shall not resell the same until the not limited to, a United States passport, military identification, expiration of said period. driver's or non-driver's license, pen-nit, identification card or B. Dealers in jewelry and kindred merchandise who social services identification card. Social security cards, draft buy, sell or deal principally in new merchandise and who registration cards, voter registration cards and library cards, occasionally acquire secondhand jewelry, diamonds, watches, rings, gold, silver and plated ware in the course of their in used or secondhand automobiles, which licenses shall business shall not be required to hold such expire on May 1, and no such license shall be assigned without secondhand articles for a longer period than 21 days before the approval of the [Director of Housing and Inspections] disposing of the same. Commissioner of Permit and Inspection Services. C. Any goods in this section which are acquired by an § 254-23. Report of noncompliance; revocation of license. authorized licensed dealer from another authorized licensed It shall be the duty of the Commissioner of Police to report to dealer who has held them for the required twenty-one-day the [Commissioner of Public Works] Commissioner of Permit period shall be exempt from this holding period. and Inspection Services any failure to comply with or any D. Pawnbrokers are exempt from this holding period violation of the applicable foregoing sections on the part of any only when someone redeems an article which has been licensee, and the [Commissioner of Public Works] pledged, in which case a forty-eight-hour holding period shall Commissioner of Permit and Inspection Services may apply. thereupon revoke the license of such person upon good cause E. All goods covered by this twenty-one-day holding after notice and hearing. period and forty-eight-hour holding period of redeemed goods ARTICLE H, Pawnbrokers are exempt with the written consent of the Commissioner of § 254-24. Bonds. Police obtained prior to the resale or redemption, and such Each pawnbroker, before receiving such license, shall file consent shall not be unreasonably withheld. with the Comptroller his bond, in the penal sum of five If consent is withheld, the decision shall state the reasons thousand dollars ($5,000.), with an incorporated bonding or thereof surety company as surety thereon, conditioned for the faithful § 254-17. Alteration of articles. discharge of his duties as a pawnbroker and the accounting for No articles purchased or received for sale or resale by any and delivery over of all moneys, pledged articles and things of secondhand dealer shall be altered or changed in any manner value and the proceeds of any sale thereof to the City of Buffalo or be permitted to be altered or changed in any manner by any and each person financially interested therein, in the manner secondhand dealer until the police have been afforded a provided by law, which bond shall be subject to approval as to reasonable opportunity to inspect the same for evidence of form by the Corporation Counsel and as to sufficiency by the crime or in the interest of criminal investigation. Comptroller. § 254-18. Purchases from certain persons prohibited. § 254-25. Maintenance and inspection of records. A. No person so licensed shall take any article or buy A. Each pawnbroker shall keep a book in which shall be from any person appearing to be intoxicated or from any person plainly written at the time of making each loan a correct known to be a thief or to have been convicted of larceny or account and description of the goods, articles or things burglary; and when any person is found to be the owner of pawned, the amount of money loaned thereon, the time of stolen property which has been pledging the same and the name and residence of the person obtained in connection with the junk, secondhand and used pawning or pledging said articles and the time when said loan materials business, such property shall be returned to the becomes due. owner thereof without the payment of the amount advanced by B. Said book shall be open at all reasonable times to the licensed dealer thereon or any costs or charges of any kind the inspection of the Mayor, any Judge of a [criminal] court of which the dealer may have placed competent jurisdiction, the Commissioner of Police, the upon the same. [Director of Housing and Inspections] Commissioner of Permit B. It shall be the duty of the Commissioner of Police to and Inspection Services and any person who shall be duly report to the [Commissioner of Inspections and Licenses] authorized, in writing, for that purpose by any or either of them Commissioner of Permit and lnspection Services any failure to and who shall exhibit such written authority to such comply with or any violation of this section on the part of pawnbroker. any such licensee, and the [Commissioner of Inspections and § 254-26. Pawn ticket; report and identification of seller. Licenses] Commissioner of Permit and Inspection Services A. Each pawnbroker, at the time of making a loan, shall may thereupon revoke the license of such person after notice deliver to the person pledging any such goods or articles a and hearing. memorandum ticket signed by him containing the substance of § 254-19. Purchases from children and mentally incompetent the entry required by § 254-25 to be made in his book, persons prohibited. including a statement of the interest rate. No charge shall be A. It shall not be lawful within the limits of the City of made for such entry or memorandum ticket. Buffalo for any person firm or corporation carrying on the B. Said pawnbroker, at the time of making said loan, business of purchasing or selling any of the materials must make a report which contains the name and verified heretofore mentioned to purchase from any person under address of the person selling said item, including the seller's sixteen (16) years of age or who is mentally incompetent any of age, height, weight, race and gender. The seller's the aforesaid materials. address must be verified by proper identification, showing the B. Failure to comply may result in revocation of license person described, and the type of identification so used must after notice and hearing. be noted along with any identifying numbers on said § 254-20. Charitable organizations exempted. identification. "Proper identification" shall mean any The provisions of this chapter shall not apply to associations identification documents that contain the person's name and and corporations organized for charitable purposes and which either a photograph or physical description of said person. are not organized for profit. Social security cards, draft registration cards, voter registration § 254-21. License fees. cards and library cards, etc. shall not be considered sufficient The fees for the licenses required by this chapter are hereby identification for purposes of this chapter. fixed as provided in Chapter 175, Fees. § 254-27. Interest rate amounts; collection period. § 254-22. Expiration of license. A. No pawnbroker shall ask, demand or receive any All licenses granted pursuant to this chapter shall expire on greater rate of interest than three per centum (3%) per the first day of July, except those issued for collecting, buying month or any fraction of a month for the first six (6) months and or selling in or upon the streets by hand wagon, horse and two per centum (2%) per month for each wagon or motor vehicle, which said licenses shall expire on succeeding month upon any part of a loan not exceeding the March 1, and also except those licenses issued to do business sum of one hundred dollars ($100.) nor more than two per centum (2%) per month or any fraction of a month for the first identification, showing the person described, and the type of six (6) months and one per centum (1 %) per month or any identification so used must be noted along with any identifying fraction of a month for each succeeding month on any part of numbers on said identification. "Proper identification" shall any loan in excess of the sum of one hundred dollars ($100.), mean any identification documents that contain the person's and a notice containing a list of such rates of interest as herein name and either a photograph or physical description of said provided shall be conspicuously displayed within the premises person. Social security cards, draft registration cards, voter of such pawnbroker. A minimum interest charge of twenty-five registration cards and library cards, etc., shall not be cents ($0.25) per month may be made on any loan. considered sufficient identification for B. No pawnbroker shall receive or be entitled to any purposes of this chapter. interest or charges as provided by this chapter on any loan for C. Failure so to comply may result in revocation of any period of time exceeding fifteen (15) months from the date license after notice and hearing. of the making of such loan. § 254-34. Age of employees. § 254-28. Posting of interest rates. No pawnbroker shall employ any person to receive pledges Each pawnbroker shall keep conspicuously posted in his or make loans thereon who is under the age of sixteen (16) place of business a legible notice showing the rates of interest years. charged. Said notice shall be displayed in such manner as to § 254-35. Hours. be plainly visible to each person pledging goods therein. No pawnbroker shall receive any goods in pawn before 7:00 § 254-29. Redemption of pledged article. a.m. or after 7:00 p.m. on any weekday nor at any time on Upon presentation of such memorandum ticket by the holder Sunday. thereof or his agent and the tender of the full amount due to the § 254-36. Receipt of firearms and wearing apparel restricted. pawnbroker, said pledged article shall be delivered to the owner No pawnbroker shall receive in pawn any pistol, revolver or thereof or to his agent. The failure of the pawnbroker, without other firearm of a size which may be concealed upon the reasonable cause, to deliver said pledged article or to promptly person, nor shall any pawnbroker knowingly receive in pawn make complete satisfaction therefor shall be a violation of this from any journeyman, mechanic, salesman, agent, apprentice chapter. or servant any partly manufactured article of wearing apparel or § 254-30. Sale of pledged article limited. any material intended for the manufacture of such articles. No pledged article shall be sold or otherwise disposed of unless the interest shall be four (4) months or more in arrears. NOTE: Matter in brackets [] to be deleted matter underlined § 254-31. Notice of sale. is new. All sales of the property pawned or pledged shall be at public REFERRED TO THE COMMITTEE ON LEGISLATION auction, unless otherwise agreed in writing. When sold at public auction, a notice of every such sale shall be published NO. 139 prior to the sale on three (3) separate dates in a newspaper BY: MR. FONTANA published each weekday and circulated in the City of Buffalo, ORDINANCE AMENDMENT and such notice shall specify the time and place at which said CHAPTER 259 - LAUNDRIES AND CLOTHES CLEANERS sale is to be held. No sale shall be made at private sale until the The Common Council of the City of Buffalo does hereby expiration of ten (10) days after a notice of intention to sell has ordain as follows: been mailed by first class mail to the name and address That Chapter 259 of the Code of the City of Buffalo be furnished at the time of making the loan. amended to read as follows: § 254-32. Sales records. ARTICLE 1, Self-Service Laundries and Clothes Cleaners A. Each pawnbroker shall enter in a book to be kept for § 259-1. Definitions. that purpose a true account of the sale of all goods sold by him For the purpose of this Article, the following terms, phrases, at public auction, showing the exact date when the articles words and their derivations shall have the meanings given were pledged, the name of the person pledging the same, the herein: date when the articles were sold, the price received and the CLOTHES CLEANING ESTABLISHMENT -- A place for the name of the auctioneer conducting the sale. If any such cleaning of wearing apparel or home furnishings of fabric, such pledged goods are sold at auction or otherwise for more than as draperies, slipcovers and other similar lightweight articles by the amount due thereon, the surplus shall be paid upon the use of solvents, other than water or laundry detergents, demand to the person on whose account such goods were which are and the vapors from which are nonexplosive and pawned or to his administrators, executors and assigns. The noninflamable. fair proportion of the necessary costs and charges of any such PERSON -- Any person, firm, partnership, association, sale and corporation, company or organization of any kind. advertisement may be deducted from such surplus money. SELF-SERVICE LAUNDRY AND/OR CLOTHES CLEANER B. Any person who shall have pledged any unredeemed goods -- Includes any place so equipped with washing machines, which have been so sold, or his executors, administrators or laundry machines, dry-cleaning machines, dryers, drying assigns, shall at all reasonable times be permitted to inspect machines and like equipment which permit or are constructed the entry book of sales as to entries relating to his pledge. in such a fashion to permit the general public without the § 254-33. Receipt of goods from children or mentally manual assistance of the owner, his agents or employees to incompetent persons. wash and dry and/or dry-clean clothing, apparel, fabrics and A. No pawnbroker shall receive any goods in pledge cloth for a fee, and shall include coin-operated laundries and/or from any person who shall appear to be or who shall be clothes cleaners. known to such pawnbroker to be under the age of sixteen (16) § 259-2. License required. years or who is It shall be unlawful for any person to establish, maintain or intoxicated or mentally incompetent. operate a self-service laundry and/or clothes-cleaning B. Said pawnbroker, at the time of purchase or time of establishment without obtaining a license therefor. taking in pawn of any article, must make a report which § 259-3. Expiration; transferability. contains the name and verified address of the person selling Each license shall expire every two (2) years on the 31 st day said item, including the seller's age, height, weight, race and of December following the date of its issuance unless sooner gender. The seller's address must be verified by proper suspended or revoked by the Commissioner of Permit and Inspection Services Director- of Housing and Inspections. A kept fi7ee from trash, wrappings and waste. Walls shall be kept license shall not be transferable from person to person, nor clean. shall a license approved for one location be used in any other D. The licensee shall maintain sufficient wastebaskets location. to ensure the cleanliness of the premises. § 259-4. Fees. ARTICLE 11, Certificates of Inspection for Clothes-Cleaning The fee for each license and each renewal thereof shall be as and Dry- Cleaning Establishments provided in Chapter 175, Fees, and the same must accompany § 259-10. Definitions. each application for a license or a renewal thereof. As used in this Article, the following terms shall have the § 259-5. Bond. meanings indicated: Before a license is issued, the licensee shall execute and CLOTHES-CLEANING ESTABLISHMENT -- A place for the furnish to the City of Buffalo a bond in the sum of two thousand cleaning of wearing apparel or home furnishings or of fabric, dollars ($2,000.), conditioned to indemnify and save harmless such as draperies, slip covers and other similar lightweight the City of Buffalo of and from any damage or loss which may articles not including rugs, by the use of solvents, other than result from the work of said licensee being done carelessly or water or laundry detergents, which are and the vapors from imperfectly or in such a way that injury or loss results therefrom which are nonexplosive and nonflammable. or by reason of any failure on the part of any employee of the DRY-CLEANING ESTABLISHMENT -- A place for the licensee to comply with all or any of the ordinances and cleaning of wearing apparel, textiles, fabrics and similar articles regulations relating to the operation of a laundry and/or or materials by the use of flammable liquids. clothes-cleaning establishment covered by this Article. § 259-11. Certificate of inspection required; revocation of § 259-6. Application requirements. certificate. A. The application for a license to conduct a No clothes-cleaning establishment and no dry-cleaning self-service laundry and/or clothes-cleaning establishment shall establishment, as herein defined, shall use or be conducted be in writing on a form furnished by the Director of Housing and operated on or in any premises or building unless the and Inspections owner or operator of said establishment shall have first and shall be executed under oath. obtained a certificate of inspection from the Director of B. Such application shall contain the following Housing and Inspections Commissioner of Permit and information: Inspection Services as hereinafter provided. The Director of (1) The true name and address of the owner of the Housing and Inspections The Commissioner of Permit and self-service laundry and/or clothes cleaning establishment. Inspection Services may revoke or suspend any certificate (2) The address of the self-service laundry and/ or issued by him for cause after a hearing pursuant to law. clothes-cleaning establishment. § 259-12. Issuance; fee; expiration; renewal; posting. (3) A description of each type of machine or the Such certificate shall be issued by the Director of Housing premises and the number of machines of each type. and Inspections Commissioner of Permit and Inspection (4) Such other information as the Commissioner of Services upon the payment by the applicant therefor of the fee Permit and Inspection Services Director of Housing and as provided in Chapter 175, Fees. No certificate shall be Inspections shall require. issued by the Director- Commissioner until he has received § 259-7. Examination of premises. the written approval and recommendation of the Director- of The Director- of Housing and Inspections Commissioner Fuel Devices- Chief Combustion Inspector based on an of Permit and Inspection Services shall submit all license inspection of the establishment. All certificates issued applications to the Director- of New Construction hereunder shall expire every two (2) years on the 31 st day of Commissioner of Permit and Inspection Services with the December and shall be renewed biennially and shall be request that the premises proposed to be licensed be conspicuously posted and displayed on the inspected examined. A license may not be issued until the Director of premises. Failure to properly renew a certificate shall result in New Construction Commissioner of Permit and inspection its termination. Services has certified to the Director of Housing and § 259-13. Application. Inspections that the premises of the proposed self-service The application of such original certificate shall be on forms laundry and/or clothes cleaner are structurally safe for the furnished by the Director- of Fuel Devices ' Chief anticipated operation and comply with all requirements of the Combustion Inspector, which application shall contain, in Building Code and other applicable ordinances covering the addition to any other information required by said4XFeelef use and maintenance of a structure used for the operation of a Chief, the type, name and description of the equipment and self service laundry and/or clothes-cleaning establishment. solvent to be used by the applicant and the method of § 259-8. Hours of operation. automatic ventilation proposed to be used to prevent the No self-service laundry and/or clothes-cleaning establishment accumulation and concentration of hazardous, noxious or toxic shall be open for business between the hours of 12:00 fumes or vapors. midnight Saturday and 12:00 midnight Sunday. § 259-14. Solvents; changes in equipment, ventilation or § 259-9. General operating requirements. solvents. A. There shall be posted in a conspicuous place on each A. No certificate shall be approved or issued for the use of any premises licensed as a self-service laundry and/or clothes solvent generating a flammable vapor at a temperature below cleaner the name and address of the owner and the number of one hundred degrees Fahrenheit (100' F.) when tested in a the license issued therefor, and the same shall be so affixed to Tagliabue closed cup tester. a wall or other surface as to prevent it from being easily B. When any change or addition is to be made in the removed. dry-cleaning equipment, ventilation or solvent used, the holder B. Licensed premises shall be examined daily by the of the certificate of inspection shall, before such change is licensee, his agents, servants or employees to determine that effected, notify the Director- of Fuel Devices- Chief the machines are in good working order and that the premises Combustion Inspector in writing of such proposed change are clean and sanitary. and receive his approval therefor and shall thereupon have C. All licensed premises shall be kept clean and in his application amended and his certificate of inspection good order at all times. Floors shall be periodically cleaned and changed in accordance therewith if so approved. § 259-15. Inspections. A. The Director- of Fuel Devices- Chief Combustion That Chapter 263 of the Code of the City of Buffalo be Inspector shall cause an inspection to be made before the amended to read as follows: issuance or renewal of such certificate of inspection to ARTICLE 1, Members of Armed Forces determine whether the establishment is being used and § 263-1. Renewals of licenses or permits. operated in accordance with the provisions of this Article and in Wherever it is provided by any ordinance of the City of compliance with the details concerning equipment, solvent, Buffalo that the holder of any license or permit thereunder may ventilation and safety factors as contained and as approved in apply to any city license or pen-nit officer or authority for the application for said certificate of inspection. Approval of renewal of the same within a certain period or within a certain said Director- Chief shall be further based upon the nationally period without examination as to his or her personal accepted practices and standards of the dry-cleaning industry qualifications, such period for the making of such application in relation to safety, including the applicable standards and for renewal shall be extended up to and including the expiration regulations of the National Board of Fire Underwriters. The use of six (6) months after the honorable discharge or release from of any clothes- or dry-cleaning equipment and solvent, said armed forces or branch or auxiliary thereof of any member the storage and transfer of solvent and the removal and of the same who was a holder of any such license or pen-nit at disposition of wastes shall be such as to prevent any hazard or the time he or she entered such armed forces. fire or explosion or the exposure of any person to hazardous, § 263-2. Applicability. noxious or toxic solvents, wastes, fumes or This Article shall not be deemed to apply to any license or vapors, and the premises so used shall be permit issued pursuant to any state or local law. automatically ventilated through the equipment or otherwise to ARTICLE 11, Duplicate Licenses prevent such exposure either within or without the premises. § 263-3. Issuance; fee. No ventilation shall be exhausted into flues connected with Wherever any ordinance authorizes the Director- of devices used for the combustion of any substances. No Housing and Inspections Commissioner of Permit and equipment or solvent shall be used in any clothes- or Inspection Services to issue any license or tag to any person, dry-cleaning establishment except in conformity with the firm or corporation and also authorizes or allows the transfer of application for and the certificate of inspection issued pursuant the same from one licensee or holder to another, and no to this Article. No certificate shall be approved or issued except provision is made for payment of any transfer fee; or where where the equipment and solvent to be used are safe from fire said license or tag, through no fault of the owner or holder, and explosion and their use shall not subject any person, either becomes lost or destroyed; or where it is required by any state in or out of the premises or building to be used, to hazardous, official that the licensee file as a part of any application, affidavit noxious or toxic fumes or vapors. A certificate of inspection or statement in any state office a duplicate copy of any license issued under this Article does not preclude compliance with or issued by the Director of Housing and inspections proper enforcement for violation of any applicable laws or Commissioner of Permit and Inspection Services and a ordinances. duplicate thereof is desired, the Director of Housing and NOTE: Matter in bold to be deleted; matter underlined is new. Inspections Commissioner of Permit and Inspection Services, upon the filing with him of an affidavit reciting the NO. 140 circumstances and upon the payment of a fee as provided in BY: MR. FONTANA Chapter 175, Fees, to the Treasurer, may issue a duplicate ORDINANCE AMENDMENT license or tag in place of the lost or destroyed license or tag or CHAPTER 261 - LEAD-BASED PAINT ABATEMENT in place of the license for which said supplemental information The Common Council of the City of Buffalo does hereby ordain is required and may issue a transfer thereof, if such transfer is as follows: authorized or allowed by ordinance, upon the payment of a fee That Section 261-1 of Chapter 261 of the Code of the City of as provided in Chapter 175, Fees, to the Treasurer. Buffalo be amended to read ARTICLE III, Licensing of Fire Hazard Uses § 261-1. Definitions. § 263-4. Tire recapping or rebuilding plants. In this chapter, certain words, terms and phrases and their A license shall be required to conduct or maintain any tire derivatives shall be construed and given the meanings recapping or rebuilding plant, which shall be issued by the specified below: Director of Housing and Inspections Commissioner of Permit APPROVED -- Meets criteria established by the and Inspection Services, subject to the approval of the Fire Environmental Protection Agency, the Department of Housing Prevention Bureau. Said license shall expire on December 31 and Urban Development, the State of New York, or by the after issuance and be renewable annually thereafter. The fee Commissioner of Neighborhoods, Housing and therefor shall be as provided in Chapter 175, Fees. Inspections Commissioner of Permit and Inspection Services § 263-5. Bowling pin refinishing and bowling lane resurfacing. or his/her designee A license shall be required for bowling pin refinishing and CHILD/CHILDREN -- A person under age six (6). bowling lane resurfacing operations involving the use and COMMISSIONER -- The Commissioner of the application of flammable or combustible liquids or materials. Neighborhoods, Housing and inspections Department Said license shall be issued by the Director of Housing and Commissioner of Penmit and Inspection Services or his/her inspections Commissioner of Permit and Inspection Services, designee. subject to the approval of the Fire Prevention Bureau. The DEPARTMENT- The Department of Neighborhoods, license shall expire on December 31 after issuance and be Housing and Inspections of Permit and Inspection Services. renewable annually thereafter. The fee therefor shall be as NOTE: Matter in Bold to be deleted; matter underlined is new. provided in Chapter 175, Fees. REFERRED TO THE COMMITTEE ON LEGISLATION § 263-6. Calcium carbide and acetylene generators. A license shall be required to store or keep calcium carbide NO. 141 in excess of one hundred (100) pounds or operate an acetylene BY: MR. FONTANA generator having a calcium carbide capacity exceeding five (5) ORDINANCE AMENDMENT pounds from the Director of Housing and inspections CHAPTER 263 - LICENSES Commissioner of Permit and Inspection Services of the City of The Common Council of the City of Buffalo does hereby Buffalo, upon the approval of the Bureau of Fire Prevention. ordain as follows: License shall expire on the 31 st of December after issuance and may be renewed annually thereafter. Fee for such license (7) Used tire sales general requirements. Tires must be or renewal thereof shall be as provided in Chapter 175, Fees. kept on racks for display and sale. § 263-7. Combustible fibers. D. Inside storage facilities. No person shall store in any A license shall be required for the storage and handling of building or structure an amount between ten (10) and one combustible fibers in quantities in excess of one hundred (100) thousand (1,000) used or waste rubber tires without a tire cubic feet. Said license shall be issued by the Director- of handler's license issued by the Director- of Housing and Housing and inspections Commissioner of Permit and inspections Commissioner of Permit and Inspection Services, Inspection Services subject to the approval of the Fire subject to the approval of the Bureau of Fire Prevention. Prevention Bureau. The license shall expire on December 31 Facilities within this subsection shall be subject to the following after issuance and be renewable annually thereafter. The fee requirements: therefor shall be as provided in Chapter 175, Fees. (1) They shall comply with general requirements as set § 263-8. Other combustible materials. forth in Subsection C herein. A. In general; license required. No person shall store in (2) Waste tires shall be stored on the flat side vertically any building or structure or upon any premises an excess of and shall not exceed ten (10) feet in height, ten (10) feet in two thousand five hundred (2,500) cubic feet gross volume of width and fifteen (15) feet in length combustible empty packing cases, boxes, barrels or similar (3) Waste tire stacks shall have a minimum separation containers or baled cotton, rubber or cork, expanded or foamed distance of ten (10) feet between stacks. combustible materials such as foamed latex or polystyrene, (4) The ten-foot separation area must be maintained polyurethane and similar-type products, materials or free of obstructions at all times so that emergency equipment compounds without a license issued by the Director- of will have adequate access. Housing and inspections Commissioner of Permit and E. Outside storage facilities. No person shall store in Inspection Services and Permits, subject to the approval of the any exterior area an amount between Bureau of Fire Prevention. Said license shall expire on ten (10) and one thousand (1,000) used or waste rubber tires December 31 after issuance and be renewable annually without a tire handler's license issued by the Director- of thereafter. The fee therefor shall be as Housing and inspections Commissioner of Permit and provided in Chapter 175, Fees. Inspections Services, subject to the approval of the Bureau of B. As used in this section, the following terms shall Fire Prevention. Facilities within this subsection shall be have the meanings indicated: subject to the following requirements: USED TIRE -- A tire that meets the requirements of New York (1) They shall comply with general requirements as set State Department of Motor Vehicles Inspection Regulation Part forth in Subsection C herein. 79.2 1 c. (2) Waste tires shall be stored on the flat side vertically WASTE TIRE -- A tire that does not meet the requirements of and shall not exceed ten (10) feet in height, ten (10) feet in the New York State Department of Motor Vehicles Inspection width and fifteen (15) feet in length. Regulation Part 79 Section 79.21c. (3) Waste tire piles shall have a minimum separation C. Tire handler's general requirements. Any person distance of twenty (20) feet between piles and from the lot line who shall store in any building or structure or upon any or any existing structure. premises used or waste tires in an amount between ten (10) (4) The twenty-foot separation area must be maintained and one thousand (1,000) shall be subject to the provision of at all times so that emergency vehicles will have adequate this section. The applicable regulation for access. used and waste tires in an amount in excess of one thousand F. Penalties for offenses. (1,000) shall be as set forth within (1) Any owner, lessee or operator who shall violate any the New York State Environmental Conservation Law under 6 of the provisions of this section shall be subject to the general NYCRR, Part 360. Persons falling within this section shall be penalties as enumerated within Chapter 1, General Provisions, subject to the following requirements: § 1- 15, and increased fees pursuant to § 263 -23, of this (1) He shall obtain a tire handler's license issued by the Code. Director of Housing and inspections Commissioner of Permit (2) Any person who shall violate Chapter 216, Garbage, and Inspection Services, subject to the approval of the Bureau Rubbish and Refuse, § 2169, for illegal dumping of used or of Fire Prevention and the Department of Inspections and waste rubber tires shall be subject to penalties enumerated Community Revitalization. within Chapter 216, Garbage, Rubbish and Refuse, § 216-11. (2) He shall file an application for said license containing § 263-9. Compressed gases. a storage plan to address the handling of tires at a storage A license shall be required for the storage, handling or use at facility pursuant to this section. normal temperature and pressure of more than two thousand (3) Waste tires stored in any building or structure or (2,000) cubic feet of flammable compressed gas or six upon any premises shall be disposed of within two (2) weeks thousand (6,000) cubic feet of nonflammable compressed gas. after receipt of said tires at a disposal facility which has been Said license shall be issued by the Director of Housing and approved by the New York State Department of Environmental inspections Commissioner of Permit and Inspection Services, Conservation. Disposal receipts shall be maintained on site and subject to the approval of the Fire Prevention Bureau. A license be available upon request by any Code Enforcement Officials. shall expire on December 31 after issuance and be renewable (4) Operators of storage facilities shall have on file with annually thereafter. The fee therefor shall be as provided in the Director- of Housing and inspections Commissioner of Chapter 175, Fees. Permit and Inspection Services an insurance policy providing § 263-10. Dust-producing businesses. general liability coverage of at least fifty thousand dollars A license shall be required for the operation of any grain ($50,000.) both for personal injury and property damage, elevator, flour, starch or feed mill or plant pulverizing aluminum, respectively. coal, cocoa, plastics, magnesium, spices, sugar or other (5) The license shall expire on December 31 after material producing dust. The license shall expire on December issuance and be renewable annually thereafter. 31 after issuance and be renewable annually thereafter. The (6) The fee therefor shall be as provided in Chapter 175, fee therefor shall be as provided in Chapter 175, Fees. Fees. § 263-11. Explosives. In addition to the requirements of Article 16 of the New York (3) Fees for such licenses, permits and fines thereof State Labor Law, every person who shall purchase, own, shall be provided in Chapter 175, Fees. possess, transport or use explosives shall first obtain a license D. Effective September 1, 1993, it shall be unlawful to to do so from the Director- of Housing and inspections conduct an alarm-monitoring business in the city unless such Commissioner of Permit and Inspection Services, which business has registered with the city as hereinafter provided. license shall not be issued except upon approval of the Bureau "Alarm-monitoring business" shall mean any person, firm or of Fire Prevention. Before any such license is issued, the corporation engaging in the applicant shall file evidence that it is insured against public business of offering the service of receiving emergency signals liability and property damage, in connection with the applicant's from alarm devices or systems installed in residential, purchase, possession, transportation or use of said explosives, commercial or other premises, monitoring said signals and in the sum of at least ten thousand dollars ($10,000.) for relaying them to an emergency agency: personal injury to one (1) person and at least twenty thousand (1) Each alarm-monitoring business shall apply for dollars ($20,000.) for personal injury to more than one (1) registration to the Director of Housing and inspections person and in the sum of at least five thousand dollars Commissioner of Permit and Inspection Services and supply ($5,000.) for property damage. The above amounts of therewith such information and documents as may be required insurance may be increased when the Bureau of Fire by the Director, including without limitation documentary Prevention determines that the risk involved requires greater evidence that such business is duly licensed by the State of coverages than those stated herein. The fee for the above said New York to conduct its business, and a certificate executed license shall be as provided in Chapter 175, Fees. under the penalties of perjury by the chief operating official of § 263-12. Alarm devices or systems. such alarm-monitoring business certifying the accounting for A. General definitions. The following terms and words, the number of customers in the city to which such when used in this section, shall have the meanings and effects alarm-monitoring business provides service subject to as follows: registration required by Subsection F hereof ALARM DEVICE OR SYSTEM -- A device or an assembly of (2) Each registration shall expire every two (2) years on equipment which is designed to detect smoke, abnormal rise in September I and shall be renewable biennially thereafter. temperature, fire, medical emergency or an entry into or exit (3) The fee for such registration and any renewals from a building, structure or facility and by reason thereof emits thereof shall be as provided in Chapter 175, Fees. Upon the an audible response intended to alert persons outside of the payment of such fee and upon compliance with the provisions premises and/or transmit a signal or message to an emergency of this chapter, a certificate of such registration shall be issued agency either directly or through a private answering point. by the Director- of Housing and inspections Commissioner ALARM USER -- A person, firm, partnership, association, of Permit and Inspection Services. corporation, company or organization of any kind which owns, E. Effective August 1, 1993, except for property owned controls or occupies any building, structure or facility wherein or operated by a federal, state or local government or agency an alarm system is maintained. thereof and except for museums, any person, firm or AUTOMATIC DIALER -- A device which is interconnected to corporation owning or operating an alarm system or device a telephone line and is programmed to select a predetermined which is directly connected by any electrical or electronic telephone number and transmit by voice message or code means, other than by an automatic telephone dialer, with a city signal an emergency message indicating a need for emergency police or fire station or other emergency agency operated by the response. city shall biennially pay a fee as provided in Chapter 175, Fees. AVOIDABLE ALARM -- Any activation of an alarm device or Nothing contained herein shall require the city to maintain or system through intentional or accidental activation, mechanical continue said direct connection, and the city may discontinue or electronic failure, malfunction, improper installation, improper such connection at its sole discretion. maintenance or the negligence of the owner, user, custodian or F. On the date of installation and on each annual lessee of an alarm system or his or her employees or agents anniversary thereafter of the installation of each alarm system which through notification to the Department of Fire or the or device installed on or after September 1, 1993, and on or Department of Police indicates that an emergency situation after September 1, 1993, on the annual anniversary of exists requiring an emergency response in the City of Buffalo installation of each alarm system or device installed prior to when in fact an emergency situation does not exist. September 1, 1993, each alarm-monitoring business shall, on B. Before any alarm device or system is offered for sale in the behalf of the city, conduct the registration of each such City of Buffalo, an approval permit shall be secured from the individual alarm system or device located within the city, which City of Buffalo by the manufacturer, agent or distributor. This such permit of approval is required for all alarm systems and alarm-monitoring business monitors either directly or by a devices, including those required by this Code or other city third-party. Such registration shall be accomplished by ordinances or state laws or for any other building, structure or completing a multiple counterpart form supplied by the private dwelling. Director- of Housing and Inspections Commissioner of C. All alarm systems required to be installed in Permit and Inspection Services which shall require such buildings or structures within the City of Buffalo, whether by information as shall be specified by the Commissioner of Police state law or local ordinances, shall comply with the following: and Commissioner of Fire. Such registration form shall include (1) Approval by the Bureau of Fire Prevention or Police a unique registration number for each system. Such Department shall be required for the installation of all alarm registration number shall be identified when the systems required under this Code, state law or other local alarm-monitoring business or its agents or employees requests ordinances. Operation of an alarm system without such assistance by the City Police or Fire Departments by calling approval shall result in fines as outlined in Chapter 175, Fees. 911 or other public safety emergency response system as a (2) At least two (2) sets of plans for approval are result of an alarm being set off. Upon completion of the required, showing the location of alarm boxes, gongs or registration form with respect to any alarm system or device, signaling devices and detection devices along with the location the alarm-monitoring business shall transmit the appropriate of the trouble bell and control panel. One (1) copy of the counterparts to the city agencies as shall be specified on the approved plans shall be maintained on file with the City of form and one (1) counterpart shall be delivered to the owner or Buffalo. The other copy shall be returned to the applicant. operator of such alarm system or device and shall serve as evidence of registration. The fee for such registration shall be of the property monitored by such alarm device or system, in as set forth in writing, by means of first-class mail sent to the address listed Chapter 175, Fees, and shall be payable in advance by the on the pen-nit application and to the address to which an alarm-monitoring business upon acquisition of the registration emergency response was required, respectively. Such notice forms. Each such alarm-monitoring business is herewith shall inform the alarm owner and the owner of the property authorized to collect from each owner or operator of each duly monitored by an alarm device or system that additional registered alarm system or device the amount equal to such avoidable alarms will be deemed excessive avoidable alarms registration fee for each such system or device registered; subject to an excessive use fee as provided in this section. provided, however, that in no event shall any such owner or Such notice shall specify the fee schedule for successive operator be charged, directly or indirectly, more than the actual excessive false alarms and shall state that excessive use fees amount of such fee. will be billed to the address listed on the permit application and G. Each failure to register or to comply with the to the address at which an emergency response was required provisions of Subsection D hereof shall be a violation in the event of additional false alarms within the year. Such punishable by a fine of two hundred fifty dollars ($250.) for the notice shall also state that in the event that the alarm owner or first offense and a fine of five hundred dollars ($500.) for the owner of the property monitored by an alarm device or system second offense and each offense thereafter. For the purposes fails to pay any excessive use fee within ninety (90) days after of the immediately preceding sentence, failure to register thirty the initial billing, the excessive use fee shall be subject to (30) days after the city has notified, in writing, an collection by the Division of Collections. alarm-monitoring business of such failure shall be deemed a (3) The Department of Police and the Department of second offense. Each failure of an alarm-monitoring business Fire shall regularly conduct an internal review of all avoidable to register, to conduct or to cooperate with such a registration alarm reports and the Commissioner of each such Department or to otherwise comply with the requirements of Subsection F shall designate members of their respective Departments to hereof within collect such evidence and make recommendations and findings thirty (30) days after the city has notified such alarm-monitoring of facts concerning classification of avoidable alarms as business in writing shall be a violation punishable by a fine of excessive avoidable alarms. The Commissioner of Fire or the fifty dollars ($50.) for the first offense, one hundred dollars Commissioner of Police shall certify to the Director- of ($100.) for the second offense and two hundred Housing and Inspections Commissioner of Permit and dollars ($200.) for the third offense and each offense Inspection Service , the property addresses at which three (3) thereafter. avoidable alarms or at which any excessive avoidable alarms H. The provisions of § 165-17 requiring a pen-nit for have occurred within thirty (30) days of such occurrence. The electrical work shall not apply to any fire or security alarm Director of Administrative Adjudication shall establish system installed prior to July 1, 1993, provided that such procedures whereby an alarm owner or owner of property system has been otherwise installed and is operating in monitored by an alarm system or device may present evidence accordance with applicable law, and provided further that such as to why any such avoidable alarm should not be classified as system has been registered in accordance with the provisions an avoidable alarm. In order to challenge the classification of an of this chapter. avoidable alarm as an excessive avoidable alarm, an alarm 1. Excessive avoidable alarms. owner or an owner of property monitored by an alarm device or (1) In order to protect and promote the health, safety system must notify the Director of Administrative Adjudication, and general welfare of the residents of the City of Buffalo by in writing, within twenty (20) days after the date of notification to reducing the number of avoidable alarms of fire, intrusion, the alarm owner or the owner of property monitored by an alarm holdup or other emergencies which contribute to ineffective device or system of the excessive avoidable alarms incurred utilization of police and fire emergency agencies, require during the preceding period, except that the first three (3) emergency responses which are susceptible to high accident avoidable alarms may rates, interfere with genuine emergencies (responses) and only be challenged within twenty (20) days of notification to an produce unnecessary alarm noise to the surrounding alarm owner or an owner of property monitored by an alarm community and also to encourage owners of alarm systems or device or system of a fourth avoidable alarm deemed to be an devices to maintain such systems or devices in good repair so excessive avoidable alarm during a permit year. The failure to as to prevent the danger associated with repeated avoidable give timely notice shall be deemed a waiver of the right to alarm responses by the Department of Fire and the Department challenge the classification. The Director of Administrative of Police, all owners of alarm devices or systems shall be Adjudication shall make final determinations concerning such subject to an excessive use fee as specified in Chapter 175, classifications, which determinations shall be reviewable only Fees, as a result of any avoidable alarm in excess of three per pursuant to Article 78 of the Civil Practice Law and Rules. year, based upon the calendar year upon which an approval (4) Each avoidable alarm shall require a report by the permit for such alarm device or system was issued, for which responding fire or police officer specifying the location of the the Department of Fire or the Department of Police has alarm, the property address, the time of the alarm, the time of responded. Any avoidable alarm in excess of three shall be the response, the name of the responding officer and a classified as an excessive avoidable alarm for which an description of the facts upon which a determination of excessive use fee shall be charged to the owner of the alarm avoidable alarm may be made. No avoidable alarm shall be system or device or to the owner of property monitored by an classified as an excessive alarm and no fee shall be imposed alarm system or devices. An excessive avoidable alarm shall therefore unless such report is recorded in the regular course not include alarms activated by acts of God, such as of business of the relevant Department. hurricanes, tornadoes or earthquakes. An "owner of an alarm (5) The fee for any excessive false alarm shall be billed device or system" shall mean the person whose name is to the alarm owner and/or owner of the property monitored by provided on the approval permit issued for such alarm device or an alarm system or device by means of a first-class mail. Any system. such billing shall specify the date and time of each avoidable (2) When an alarm device or system has activated three alarm occurrence leading to and including any deemed to be an (3) avoidable alarms during a permit year, the Director- of excessive avoidable alarm. In the event of nonpayment within Housing and Inspections Commissioner of Permit and ninety (90) days after the initial billing of such excessive alarm Inspection Services shall notify the alarm owner and the owner occurrence, the excessive use fee shall be subject to collection but shall be confined to the subsection, subdivision, clause, by the Division of Collections. sentence or word so held invalid or unconstitutional. J. Automatic dialer feature. No alarm system or device § 263-13. Fire extinguishers. shall have an automatic dialer feature or other type of feature A. A license shall be required by each owner-operator, which connects automatically to an enhanced 911 emergency firm, partnership, association or corporation who commercially telephone system, and there shall be no automatic alarm engages in the servicing, repairing, filling or refilling of portable system with direct communication of any type to an emergency fire extinguishers in the City of Buffalo. agency, including the Department of Fire and the Department B. Any person employed by any firm, partnership, of Police, without prior written authorization from the association or corporation engaged in emergency agency where the alarms terminate. commercially servicing fire extinguishers shall be allowed to K. At- risk buildings and/or facilities. There are special operate in the repairing, filling or considerations that must be addressed in providing fire refilling, servicing, recharging, installing and testing under the protection for certain facilities and buildings within the city. At license issued to such firm, risk buildings and/or facilities that do not have a partnership, association or corporation. The license shall be direct, immediate, speedy means of egress during a fire or issued by the Director- of Housing and emergency situation present a danger to the public health and inspections-Commissioner of Permit and Inspection Services, safety. These facilities, including hospitals, nursing care, elder upon approval by the Bureau of Fire care and handicapped buildings, high-rise buildings [more than Prevention. The license shall expire every two (2) years on seven (7) floors], hotels, schools, theaters and other such the 3 1 st of December and may be renewed biennially areas of assembly where the public is at increased risk during thereafter. The fee for such license or renewal thereof shall be a fire or emergency, shall be protected by an approved, direct, as provided in Chapter 175, Fees. immediate connection to the city's fire alarm system, provided C. All servicing, repairing, filling, refilling, recharging, installing that connection can be accommodated by the Fire Department, and testing shall be in compliance with recognized applicable as determined by the Superintendent of Fire Alarms or his standards. designee. D. It shall be unlawful for any person to sell or offer for sale in L. Automatic cutoff system required. the City of Buffalo any make, type or model of extinguisher, (1) No person shall install or maintain an external either new or used, unless such make, type or model of audible alarm device which does not contain an operational extinguisher has first been tested and approved by a nationally automatic cutoff system which turns off the external audible recognized testing laboratory or alarm after a period not to exceed ten (10) minutes. other testing laboratory approved by the Bureau of Fire (2) An automatic dialer connected directly to an Prevention as providing adequate and reliable test and emergency agency shall automatically disconnect and/or examination. terminate its message after the message has been transmitted E. No extinguisher will be considered as being approved even if a maximum of two (2) times. The total transmission time of all it bears the label of a nationally recognized testing laboratory if messages cannot exceed two (2) minutes. it contains any of the following liquids: carbon tetrachloride, (3) Special permits. Any alarm user otherwise required by methylene bromide, chlorobromomethane or any other toxic or federal, state, county or municipal statute, regulation, rule or poisonous liquid. ordinance to install, maintain and operate an alarm system is § 263-14. Fireworks. also required to comply with the provisions of this section. A. Permits required for public display of fireworks. All permits M. User instruction. where a public display of fireworks shall be issued by the (1) Every alarm business selling, leasing or furnishing to municipality to religious or civic organizations, fair associations, any user an alarm system which is installed on the premises amusement parks or organizations of individuals authorized to affected by this section must furnish the user with instruction be issued by Subdivision 2 of § 405.00 of the Penal Law that provides information to enable the user to operate the shall be issued by the Commissioner of Permit and Inspection alarm system at any time. The alarm business also must inform Services of the City of Buffalo. No such permits for a public each alarm user of the requirement to obtain a permit and display of fireworks shall be issued by the Commissioner of where it can be obtained. Permit and Inspection Services of the City of Buffalo without (2) Standard form instructions shall be submitted by the written permission or approval of the Commissioner of every alarm business to the Director of Housing and Police and Commissioner of Fire and the filing with the Inspections Commissioner of Permit and Inspection Services. Commissioner of Permit and Inspection Services of a bond or a If the Director- of Housing and lnspections Commissioner liability policy as required under Subdivision 4 of § 405.00 of of Permit and Inspection Services reasonably finds such the Penal Law. A fee as provided in Chapter 175, instructions to be incomplete, unclear or inadequate, the Fees, shall be charged by the Commissioner of Permit and Director- of Housing and inspection Commissioner of Inspection Services for issuing any such permit. The Permit and Inspection Services may require the alarm business above-mentioned bond or liability policy shall be approved as to to revise the instruction to comply with this section and then to form by the Corporation Counsel and as to sufficiency by the distribute the revised instruction to its alarm users. Comptroller of the City of Buffalo. The permit shall indicate the N Confidentiality and statistics. All period during which such public displays shall last. Failure to information submitted in compliance with this section shall beobtain a permit pursuant to this section shall constitute a held in the strictest confidence and is deemed public violation of this section and shall be punishable by a Class D record exempt. fine in the amount of Seventy-five dollars. This shall be in 0. Interpretation. This section shall be liberally addition to any other penalty provided in the Code of the City of constructed to effect the purpose of this section and to achieve Buffalo or in any other law. uniform interpretation and application of this section. B. Sales prohibited. No wholesale dealer, jobber or P. Saving clause. If any subsection, phrase, clause, manufacturer shall sell any fireworks to any organization or sentence or word in this section shall for any reason be held group of persons mentioned above unless the permit has invalid or unconstitutional by a court of competent jurisdiction, it actually been issued to such organizations or group of persons. shall not nullify the remainder of this chapter C. Application. Applications for pen-nits for public display of question, whenever such properties are not readily available in fireworks shall be made at least five (5) days in advance from published references or from other recognized sources. the date of display. (2) Evidence that the manner of manufacture, D. Requirements and regulations. The pen-nit shall contain the processing, storage, use or transportation of the hazardous following provisions: chemicals in question is in accordance with nationally (1) The actual point at which the fireworks are to be recognized safe practices and that no undue hazard to life or fired shall be at least two hundred (200) feet from the nearest property is involved. permanent building, public highway or railroad or other means (3) Qualification, experience and knowledge of the of travel and at least fifty (50) feet from the nearest person who is to supervise the operations involving the aboveground telephone or telegraph line, tree or other overhead particular material. Reports concerning materials or processes obstruction. may be marked for the confidential information of the Bureau of (2) The audience at such displays shall be restrained behind Fire Prevention, who shall use the data contained therein to lines or other barrier at least one hundred fifty (15 0) feet from evaluate the fire and explosion hazard. the point at which the fireworks are discharged, and only § 263-17. Storage of lumber. persons in active charge of the display shall be allowed inside A license shall be required for any person storing in excess of this line or barrier. one hundred thousand (100,000) board feet of lumber, which (3) All fireworks that fire a projectile shall be so set up that the shall be issued by the Director of Housing and Inspections projectile will go into the air as nearly as possible in a vertical Commissioner of Permit and Inspection Services, upon direction, unless such fireworks are to be fired from the shore approval of the Bureau of Fire Prevention. Said license shall of a lake or other large body of water, where they may be expire on December 31 and be renewable annually thereafter. directed in such manner that the failing residue from the The fee therefor shall be as provided in Chapter 175, Fees. deflagration will fall into such lake or body of water. § 263-18. Magnesium handling. (4) Any fireworks that remain unfired after the display is A license shall be required for any person for the melting, conducted shall be immediately disposed of in a way safe for casting, heat treating, machining or grinding of more than ten the particular type of fireworks remaining. (10) pounds of magnesium per working day, which shall be (5) No fireworks display shall be held during any issued by the Director of Housing and Inspections windstorm in which the wind velocity reaches more than thirty Commissioner of Permit and Inspection Services, upon (30) miles per hour. approval of the Bureau of Fire Prevention. Said license shall (6) All persons in actual charge of fining the fireworks expire on December 31 after issuance and be renewable shall be over the age of eighteen (18) years, competent and annually thereafter. The fee therefor shall be as provided in physically fit for the task. Chapter 175, Fees. (7) There shall be at least two (2) operators constantly § 263-19. Fixed ammunition for small arms. on duty during the discharge. A. No person, firm or corporation shall store, keep for (8) At least two (2) approved-type fire extinguishers of at sale or offer for sale any fixed least two-and-one-halfgallon capacity each shall be kept at the ammunition for small arms, at wholesale or retail, without a widest separated points as possible within the actual area of license from the Director- Of Housing and inspection the display. Commissioner of Permit and Inspection Services of the City of E. Effect of permit. After the permit is issued, sales, Buffalo upon the approval of the Bureau of Fire Prevention. The possession, use and distribution of fireworks for such display license shall expire on December 31 of each year following the shall be lawful solely therefor. The City of Buffalo shall not date of issuance. The license fees shall be as provided in issue a permit for private display of fireworks for private family Chapter 175, Fees. entertainment. B. In the application for such license, the applicant shall § 263-15. Fruit-ripening processes. set forth the place of storage of the same. A license shall be required to conduct any fruit-ripening § 263-20. Manufacture of matches. process, which shall be issued by the Director- of Housing No person shall manufacture matches without a license. No and Inspections Commissioner of Permit and Inspection person shall store matches exceeding twenty-five (25) cases Services subject to the approval of the Fire Prevention Bureau. without a license. A license for the manufacture or storage of Said license shall expire on December 31 after issuance and matches shall be issued by the Director of Housing and be renewable annually thereafter. The fee therefor shall be as inspections Commissioner of Permit and Inspection Services, provided in Chapter 175, Fees. subject to the approval of the Fire Prevention Bureau. The fee § 263-16. Hazardous chemicals. therefor shall be as provided in Chapter 175, Fees. A. A license shall be required for the storage or handling of § 263-21. Tents. more than fifty-five (55) gallons of corrosive liquids or more No tent shall be erected, used or occupied without the written than five hundred (500) pounds of oxidizing materials or more permission of the Bureau of Fire Prevention. A person receiving than a permit for the erection and use of a tent shall be subject at all ten (10) pounds of organic peroxides or more than five hundred times to the orders and regulations of the Bureau of Fire (500) pounds of nitromethane fertilizers and fertilizer mixtures Prevention. They shall promptly dismantle and remove such or any amount of highly toxic material or poisonous gas. This tent upon demand or upon the expiration or revocation of such license shall be issued by the Director of permission. The design, construction, flameproofing, location, Housing and Inspections Commissioner of Permit and maintenance and use of tents for assembly and other uses Inspection Services, subject to the approval of the Fire allowed under this section shall be in accordance with Prevention Bureau. Said license shall expire recognized safe practices. Aisles, seating arrangements, on December 31 after issuance and be renewable annually number of persons total capacity, egress and illumination shall thereafter. The fee therefor shall be as provided in Chapter meet all requirements of the Bureau of Fire Prevention. 175, Fees. § 263-22. Welding or cutting operations. B. Before authorizing the issuance of a license, the Bureau of A. A license shall be required of each company, Fire Prevention may require the following: corporation, copartnership or owner operator performing (1) A report from an approved testing laboratory setting forth welding or cutting operations using acetylene or other gases the physical and chemical properties of the chemical in under pressure or electric arc welding or cutting or any C. In the event that an establishment or vendor falls to combination thereof Exceptions shall be: display the license decal or metal plate identifying the owner, (1) Where such work is done in response to an his business address and the license number issued to him by emergency. the Director- of Housing and Inspections Commissioner of (2) Where such work is done as a hobby and a nominal Permit and Inspection Services, the fee for the license shall be gas capacity of all cylinders in use or connected for use does doubled. This shall be in addition to any other penalty provided not exceed four hundred (400) cubic feet or small in the Code of the City of Buffalo or in any other law. noncommercial electric arc welding is used. D. Stop-work orders. Whenever the Commissioner has (3) Where the welding or cutting is an integral part of reasonable grounds to believe that work on any building or the business of a licensed repair garage. structure is being performed in violation of the provisions of the B. A license shall be required for the storage of applicable building laws, ordinances or regulations or not in cylinders or containers used in conjunction conformity with the provisions of the accepted application, with welding or cutting operations or containers stored at plans or specifications and revisions thereof or in an unsafe charging plants or at plants or distributors devoted primarily to and dangerous manner or without a required pen-nit, the the storage and distribution of oxygen, acetylene, hydrogen and Commissioner shall notify the owner of the Y property or the liquefied petroleum gas when more than two thousand (2,000) owner's agent to suspend all work, and any such persons shall cubic feet of flammable forthwith stop work and suspend all building activities until-the compressed gas (other than liquefied petroleum gas), three stop-work order has been rescinded. Such order and notice hundred (300) pounds of liquefied petroleum gas or six shall be in writing, shall state the conditions under which the thousand (6,000) cubic feet of nonflammable compressed gas work may be resumed and may be served either by delivering it is stored. The above licenses shall be issued by the Director- personally or by posting it conspicuously Where the work is of Housing and Inspections Commissioner of Permit and being performed and sending a copy of it by mail to the Inspection Services, subject to the approval of the Bureau of address set forth in the permit application. Fire Prevention. Said license shall expire on December 31 after ARTICLE V, Pet Shops issuance and be renewable annually thereafter. The fees § 263-24. License required; general provisions. therefor shall be as provided in Chapter 175, Fees, for welding A. No person, firm, corporation, partnership or other or cutting and for storage. entity shall operate a facility, business or shop which sells C. A license for welding or cutting operations shall not dogs, cats, birds, mice or other animals without first securing a be issued unless the individuals in charge of license in accordance with this Article. performing such operations are capable of doing the work in a B. Standards. safe manner. Demonstration of a working knowledge of the (1) Every place used as a facility, business or shop shall be provisions of this Article shall constitute kept in a clean and sanitary condition, and no waste or refuse acceptable evidence of compliance with this requirement. material shall be allowed to remain thereon for more than D. Companies, corporations, copartnerships and twenty-four (24) hours. All animals shall be humanely treated, owner-operators required to have licenses shall maintain a and any animal having any disease shall be properly isolated record of all locations where welding or cutting operations are and treated. performed and (2) All pens, cages and other structures shall be so have it available for inspection by the Bureau of Fire Prevention. constructed as to be easily cleaned. Such structures must be The Bureau of Fire Prevention shall be notified in advance adequate to keep each animal from escaping and so where such work is taking place, except where such work is constructed and so located done in response to an emergency and does not allow time for as to keep any animal from biting or injuring any person or the Bureau of Fire Prevention to be notified in advance of the animal located outside of the cage. Water shall be available at work. all times to each animal, and food shall be provided as needed. E. The following shall be excepted: welding performed C. Application. in specified areas as approved by the Bureau of Fire Prevention (1) Every person, firm, corporation, partnership or other in welding shops, industrial plants, flour mills, grain mills, feed entity engaged in such business shall make application to the mills, cereal plants, chemical plants, steel plants, machine Director- of Housing and inspections Commissioner of shops, metal fabricating shops or other occupancies that have Permit and Inspection Services on a form provided, definite areas used for welding and cutting approved by the accompanied by a fee as prescribed in Chapter 175. Bureau of Fire Prevention. (2) The following information shall be required: name, ARTICLE IV, Work Commenced Without License or Permit residence address, phone number, business address, § 263-23. Licenses and permits; fines and penalties. responsible person for the business (owner), experience of the A. In the event that any work or installation requiring a business owner, other related business ventures, number of permit or license under this or any other chapter is commenced employees and types and numbers of animals usually kept on prior to the issuance of the required permit or license, the fee the business premises. for the permit or license shall be double the (3) The application must be accompanied by a letter of fee stated herein, or the additional sum of fifty dollars (S50.), certification as to the acceptable condition of the premises and whichever is greater. This shall be in addition to any other animals thereon as observed and certified to by one (1) of the penalty provided in the ordinances or in any other law on following: account of commencement of said work or installation without (a) A designated representative of the Erie County required permits or licenses; however, such additional sum SPCA; or shall not exceed the sum of one thousand five hundred dollars (b) A licensed director of veterinary medicine. ($1,500.). D. Renewal. This license shall be renewable annually in B. In the event that an establishment requiring a license accordance with submissions as required in Subsection C or pen-nit under this or any other chapter is not obtained within above. This license is not transferable. thirty (30) days of billing or expiration date, the fee for the E. Display. The license shall be posted in a license or permit shall be doubled. This shall be in addition to conspicuous place on the premises. any other penalty provided in the ordinances or in any other law. F. Penalty. Any person, firm, corporation, partnership or other entity violating any provision of this Article shall be fined not less than fifty dollars ($50.) nor more than one WASTE -- Any garbage, sludge and other discarded material, thousand five hundred dollars ($1,500.) for each offense, and a whether or not such material may eventually be used for some separate offense shall be deemed committed on each day other purpose. during or on which a violation occurs or continues. The § 263-26. Collector permit required; application; issuance. Director- of Housing and. Inspections Commissioner of No person shall remove or cause to be removed any of the Permit and Inspection Services shall have the authority to contents of any receptacle placed in or outside of a building for revoke collection nor shall any person collect or perform the duties of a any license upon determination of a violation or report of solid waste collector or convey, carry or transport any solid conditions dangerous to the health or welfare of the animals at waste through, over or along any of the streets of the City of the premises, as established by the Eric County SPCA or other Buffalo as long as the City of Buffalo is collecting such solid appropriate agency. waste in the city, except as follows: ARTICLE VI, Solid Waste Collection A. Any person who is the holder of a permit duly issued § 263-25. Definitions. by the Erie County Health Department, pursuant to the As used in this Article, the following terms shall have the provisions of Article VIII of the Sanitary Code of Erie County, meanings indicated or as indicated in Chapter 216, Garbage, may apply in writing to the Common Council for its approval to Rubbish and Refuse, of this Code: operate a disposal service for the COMBUSTIBLE MATERIAL -- Material which is apt to catch collection of solid waste originating in the City of Buffalo. Such fire or capable of burning or that will readily and safely bum in approval shall be subject to the following conditions and an incinerator and may be properly disposed of there. This term requirements: includes garbage, paper and wood. (1) The written consent of the Commissioner of Public COMMERCIAL USER -- Any person who owns or occupies a Works, Parks and Streets (or his or her deputy). parcel of land in the City of Buffalo which is designed for or (2) That the applicant shall observe all the sanitary occupied by the use other than a one- , two- or three-family requirements as prescribed by the health ordinances of the City residential use. This term includes but is not limited to multi of Buffalo, all other applicable ordinances of the City of Buffalo residential complex, government properties, institutional and any regulations of the Department of Health of Erie County properties, industrial properties, parking lots, parking garages now or hereafter in effect. and parking ramps. (3) That the Commissioner of Public Works, Parks and DISPOSAL SERVICE -- The collection and removal of solid Streets (or his or her deputy) shall have the power to impose waste. such conditions or restrictions regarding said disposal service FILL MATERIAL -- Any material, including but not limited to as he or she may deem necessary and may from time to time earth, rocks and gravel, which is used for filling a hole, change such conditions, restrictions or regulations and may, in depression or landfill. his or her discretion, revoke the permit granted pursuant to this GARBAGE -- Any putrescible animal and vegetable wastes, article at any time. kitchen refuse or table scraps resulting from the handling, (4) That the applicant shall provide to the Division of preparation, cooking and consumption of food. This term does Streets of the Department of Public Works, Parks and Streets not include regulated materials. a list of commercial users within the city the applicant has LANDFILL -- Any disposal facility or part of a facility where contracted to service, with updating of the list of such solid waste is placed in or on land and which is not a land contractees annually. The applicant shall disclose, within five treatment facility, a surface impoundment or an injection well. days of the commencement or termination of any of its REAL PROPERTY -- All realty located within the city, whether contracts, the commercial users to be serviced or to be no occupied by the owner or rented, whether commercial or longer serviced under contract with the applicant. Disclosure by residential. an applicant of the identity of the serviced commercial users RECEPTACLE -- A container or vessel for temporary disposal shall be deemed to be disclosure of trade secrets or of solid waste, such as a trash can, garbage can or dumpster. information derived from a commercial enterprise, disclosure of REGULATED MATERIAL -- Any material which has been which would cause substantial injury to the competitive position exposed to or is a chemical, substance, waste or pollutant, as of the subject enterprise for purposes of Article 6 of the New defined in or governed by any environmental law or as York State Public Officers Law (the Freedom of Information determined by any governmental agency or the Commissioner Law) and the federal Freedom of Information Act, 5 U.S.C. § of Street Sanitation, including but not limited to high-level and 552. Failure to provide this information to the Department may low-level radioactive waste, by-product material, hazardous result in the revocation of the permit granted pursuant to this waste, infectious waste, raw sewage, septage, sludge, article. regulated medical waste, industrial solid waste, petroleum or (5) The applicant shall furnish receptacles, which clearly waste oil. identify the applicant as the entity servicing a commercial user. SOLID WASTE -- All putrescible and nonputrescible materials B. Issuance of permit. or substances discarded or rejected as having served their (1) If the application is approved by the Common original intended use or as being spent, useless, worthless or Council, the Commissioner of Public Works, Parks and Streets in shall issue to the applicant a permit to operate said collection excess to the owner at the time of such discard or rejection. and disposal services in such form as the Commissioner of This term includes but is not limited to garbage, ashes, refuse, Public Works, Parks and Streets may prescribe and subject to rubbish and recyclable materials. This term does not include any conditions in reference thereto imposed by the Common solid or dissolved matter in domestic sewage or substances, Council. materials in noncontainerized gaseous form or regulated (2) The permit fee to be paid pursuant to this section materials. shall be as provided in Chapter 175, Fees, of this Code. SOLID WASTE COLLECTOR -- Any person, other than the (3) No permit issued pursuant to this article shall be city, duly licensed to collect, remove, transport or dispose of transferable. commercial solid waste or industrial waste, with or without C. Revocation. The permit may be revoked if, after a charge or payment. hearing before the Commissioner of Public Works, Parks and Streets, it is determined that the collection and disposal service operates outside reasonable hours of operation and in such a manner as to annoy or disturb the quiet, comfort or repose of a drainage courses and final design grades for the site. The reasonable person of normal sensibilities. Reasonable hours of grading plan shall be acceptable to the Commissioner of Public operation shall constitute 6 a.m. to 9 p.m. in a residential area. Works, Parks and Streets. ARTICLE VII, Landfills § 263-31. Issuance of license; duration. § 263-27. License required. Upon completion of all requirements, the Commissioner of It shall be unlawful for any person to conduct, operate, maintain Public Works, Parks and Streets shall issue a license to the or use any real estate in the City of Buffalo as landfill area or applicant to operate a landfill on the site described in the any other type of place for the reception or disposition of any application for a period of 12 months. type of inert fill or solid waste for either temporary storage or § 263-32. License renewal. final disposal without first having obtained a license for each Licenses issued hereunder may be renewed upon such premises from the Commissioner of Public Works, Parks application therefor if the Commissioner of Public Works, and Streets. The owner or operator of any landfill presently Parks and Streets determines that the landfill is being operated being operated at the effective date of this article under an in strict accordances with the terms of the license and this active permit issued by the Commissioner of Public Works, article. Parks and Streets shall not be affected by this article for the § 263-33. Revocation of license. remainder of the twelve-month life of said permit. The Commissioner of Public Works., Parks and Streets may § 263-28. Application procedure. revoke licenses issued hereunder upon notice and after A. Each application shall be filed with the affording the licensee an opportunity to be heard. Licenses Commissioner of Public Works, Parks and Streets, using would be subject to revocation for failure to correct violations forms supplied by the Commissioner of Public Works, Parks after having an opportunity to do so or for failure to abide by any and Streets and shall conditions of the license. be accompanied by a filing fee as provided in Chapter 175, § 263-34. Additional remedies Fees, of this Code. In addition to the penalty of revocation, the Commissioner of B. The Commissioner of Public Works, Parks and Public Works, Parks and Streets may cause violations of this Streets shall cause copies of the completed application to be article to be corrected and the cost thereof to be charged forwarded to the Commissioners of Fire and Police and to the against the property and the bond required hereunder. Such Environmental Management Commission for their correction shall be subject to notice and a reasonable recommendations. A copy shall also be transmitted to the opportunity to correct the same. Common Council for its information. Said recommendations § 263-35. Prohibited acts. shall be made within 30 days and returned to the A. The dumping of solid waste that is capable of Commissioner of Public Works, Parks and Streets. putrefaction or becoming filthy, noxious or unhealthy is C. The Commissioner of Public Works, Parks and prohibited. Streets shall forward the completed application, the B. The placing of any combustible materials in any Department of Public Works, Parks and Streets' landfill or, in any way, mixing in or covering such materials with recommendations, his or her own recommendation and any the fill material is prohibited. additional pertinent information concerning the application to C. The placing or mixing of any regulated material of the City Planning Board. any kind within any landfill is prohibited. § 263-29. Review by Planning Board. § 263-36. Penalties for offenses; rewards. A. Upon receipt of the application and accompanying A. A violation of the provisions of §§ 216-17 and information, the City Planning Board shall schedule a public 216-18, 263-27 through 263-35 of this Code by a person shall hearing thereon is soon as practicable. Said hearing shall be be deemed a nuisance, punishable by fine or other penalty. The preceded by Commissioner of Police is hereby authorized to impound a notice published at least once in a newspaper of general vehicles engaged in illegal dumping. circulation, containing the name and address of the applicant, B. Any person violating the provisions of §§ 216-17 and the address of the landfill and the time and location of the 216-18, 263-27 through 263-35 of this Code may be liable, in public hearing. addition to the general penalties, to the penalties established in B. The City Planning Board may approve the Chapter 137, Article 1, of this Code. application with , or without conditions or may reject it, upon C. The Commissioner of Police is authorized to offer a reward stated written reasons therefor. In making its decision, the City of not less than $50 nor more than $250 for any information Planning Board shall consider the landfill's impact on the leading to the apprehension and conviction of any person health, safety and welfare of the city's inhabitants as well as its violating §§ 216-17 and 216-18, 263-27 through 263-35 of this impact upon the neighboring environment. The Board shall Code. forward its decision, if positive, to the Commissioner of Public § 263-37. Cessation of operation. Works, Parks and Streets. A. Upon completion of the landfill operation, the landfill § 263-30. Bond and grading plan. operator shall completely cover the site with six inches of A. Upon receipt of approach by the City Planning topsoil and shall seed the entire area. Board, the Commissioner of Public Works, B. The cash bond or surety bond will be returned to the Parks and Streets shall require the applicant to supply a cash applicant after the Commissioner of Public Works, Parks and bond or a bond issue by a Streets has confirmed that the following requirements have Surety corporation and a grading plan. been satisfactorily met: B. The cash bond or bond issued by a surety (1) The licensee has complied with all the corporation shall secure performance in accordance with the specifications, provisions and any specific detailed conditions provisions of this Charter and the Code of the City of Buffalo contained in the permit that is part of the license. and shall be in the penal sum computed as follows: $50,000 for (2) The licensee or his agents have faithfully operated any site up to one acre, plus $25,000 per acre thereafter. Said the landfill area in accordance with the spirit and intent of the bond shall be acceptable to the Corporation Counsel and the provisions of this article. Comptroller. (3) Final grading and seeding have been C. The grading plan shall be prepared and stamped by a completed. licensed land surveyor and shall show existing grades, NOTE: Matter in bold to be deleted; matter underlined is new. A lodging house license shall expire on the first day of February No. 142 next after issuance. Applications for reissuance of a license By: Mr. Fontana may be made thirty (30) days prior to the expiration date and Re: Ordinance Amendment shall in any event be made not later than January 31 next after Chapter 269 - Lodging Houses its original issuance. Each applicant for reissuance shall be The Common Council of the City of Buffalo does hereby required to submit a new application therefor. ordain as follows: § 269-6. Certificate of occupancy; registration. That Chapter 269 of the Code of the City of Buffalo be A. Every lodging house which lodges five (5) or more persons amended to read as follows: shall procure a certificate of occupancy, as provided for in the § 269-1. Definitions. Multiple Dwelling Law or Chapter 129 of the Charter of the City As used in this chapter, the following terms shall have the of Buffalo. meanings indicated: B. No license shall be issued pursuant to § 269-3 hereof LODGING HOUSE -- A building in which three (3) or more unless the applicant for said license shall first register the persons are accommodated for a fee with sleeping privileges. proposed lodging house with the Division of Rehabilitation The term shall also include any establishment known as a and Conservation Department of Permit and Inspection "rooming house" which accommodates three (3) or more Services. persons for a fee with sleeping privileges. § 269-7. Lodging house register. § 269-2. Building permit required. Every lodging house shall have, keep and maintain a register in No person, firm or corporation shall erect, construct, a suitable place in said lodging house, and every person convert, alter, rebuild or remodel within the City of applying for a room, bed or cot shall register his or her name Buffalo any lodging house or any building or part thereof and address therein. Said register shall be open to the police intended for use as such without first applying for and for inspection. obtaining a building permit therefor from the Director of § 269-8. Lodging for convalescents. New Construction. Where the application for a building permit or the § 269-3. License required. application for a license indicates that such lodging No person, firm or corporation shall occupy, use or maintain house or proposed lodging house is to be used, in whole any building or portion thereof as a lodging house nor conduct or part, for the care convalescents, the applicant shall a lodging house in any building or portion thereof without first also comply with the Sanitary Code of Erie County. obtaining a license therefor from the Director of Licenses and § 269-9. Revocation of license. Permits Commissioner of Permit and Inspection Services. No A license issued pursuant to this chapter may be revoked for license shall be issued unless the owner or lessee or the agent cause after hearing by the Director of Licenses and Permits of the owner or lessee as designated in Commissioner of Permit and Inspection Services. Any violation § 269-4A (l) hereof resides on the premises of the lodging of or house or within five hundred (500) feet of the premises. The failure to comply with any of the laws or ordinances applicable application for such license shall be prepared by and obtained to a lodging house shall be cause for revocation. The Director from the Director of Licenses and Permits Commissioner of Commissioner may consider such factors, including, but not Permit and Inspection Services. The application shall require limited to, the nature and disposition of any notices of violation only such information as is pertinent to the conduct, use, from the Bureau of Administrative Adjudication issued for occupancy and maintenance of a lodging house, together with conduct at the property; and the nature and frequency of the information required in § 269-4 hereof Each application, complaints about the property generated from, among other including an application for the reissuance of a license, shall be sources, Police Department incident reports, 911 calls, referred to the Commissioner of Fire for compliance’s with property inspection reports and other verifiable information applicable fire and safety laws, to the Commissioner of Police reported to the city. for the police record of applicant or applicant's agent and to the § 269-10. Transferability and display of license. Commissioner of Health Commissioner of Permit and A lodging house license issued hereunder is not transferable Inspection Services for his approval as to conditions of health and shall be kept posted in the main entrance hallway of such and sanitation. lodging house at all times. § 269-4. Applications; filing of required information. § 269-11. Linens and towels; maintenance of premises. A. Every owner or lessee of any lodging house shall submit The licensee of every lodging house shall change with his application to conduct a lodging house the following supplied bed linen and towels therein at least once each information: week or prior to the letting of any room to any occupant. (1) The name and address of a permanent resident of the City The licensee shall be responsible for the maintenance of of Buffalo who shall be the agent and responsible for the all supplied bedding in a clean and sanitary manner. The management of said lodging house. licensee shall be responsible for the sanitary (2) A description of the property by street number, the number maintenance of all parts of the lodging house. of apartments in each lodging house, the number of rooms in § 269-12. Inspections. each apartment and the number of rooms for sole occupancy. The Commissioner of Health, the Commissioner of Permit and (3) The number of persons occupying each room and/or Inspection Services, the Director of Rehabilitation and apartment. Conservation, the Department of Fire and the Department of (4) A plan or diagram of the lot containing the lodging house Police shall be given free access to all parts of any lodging and of each floor in the building, showing all dimensions, doors, house at any reasonable hour. windows, closets, water closets, bathrooms, staircases and § 269-13. Fees. means of exit. The license fee for each lodging house license shall be as B. Such information shall be filed annually with the Department provided in Chapter 175, Fees. of Health, unless the applicant shall state, under affidavit, that § 269-14. Applicability. no changes have been made affecting the previous plan This chapter shall not apply to hospitals, orphan asylums or or diagram filed. charitable or nonprofit institutions. § 269-5. Expiration; reissuance. REFERRED TO THE COMMITTEE ON LEGISLATION NOTE: Matter in BOLD to be deleted; matter underlined is A. The owner shall keep all and every part of all multiple new. housing and any other building located on the same premises and the lot on which they are situated in good No. 143 repair, clean and free from vermin, rodents, dirt, filth, By: Mr. Fontana garbage or any other thing or matter dangerous to life or Re: Ordinance Amendment health. Chapter 281 - Multiple Housing B. The owner of all multiple housing or thereof shall The Common Council of the City of Buffalo does hereby ordain thoroughly clean and keep clean at all times to the as follows: satisfaction of the Department every public or- service That Chapter 281 of the Code of the City of Buffalo be part thereof, including every room, passage, stair, floor-, amended to read as follows: window, door, wall, ceiling, bathroom, kitchen, water ARTICLE I, Loans to Owners closet compartment, drains, hall and cellar. § 281-1. Loans of public funds. C- The interior surfaces of walls and ceilings throughout Loans of public funds may be made to owners of existing every, part of all multiple housing, whether in public or in multiple dwellings within the City of Buffalo in accordance with tenant occupied parts, shall be maintained in an the provisions of Article VIII of the Private Housing Finance approved manner and painted or papered by the owner Law of the State of New York, the provisions of this Article and as necessary to keep the surfaces in sanitary condition. the provisions of rules and regulations established pursuant to All floors and other parts of the building shall also be this Article. maintained in clean, sanitary condition by repairing, § 281-2. Designation of agency. refinishing or recovering as required by the Department. The Division of Rehabilitation and Conservation of the D. In any multiple housing, it shall be unlawful to Department of Inspections and Licenses of the City of Buffalo discharge or emit from any area or opening above the is hereby designated to be the agency of the City of Buffalo ground level any dust, filth, garbage, etc., including dust defined in § 401 of Article VIII of the Private Housing Finance from mops, vacuum cleaners, etc., into any interior Law and, as such agency, shall have the power and authority to stairway, shaftway, court, yard, street, alley or outer air carry out the functions vested in it under the provisions of said adjoining the premises-. Article VIII of the Private Housing Finance Law or delegated to § 281-7. Janitor, housekeeper or superintendent required. it by the Common Council in order to carry out the purposes A. Whenever there are at least ten (10) but less than fifteen and provisions of said Article VIII of the Private Housing (15) families occupying any multiple housing and the owner Finance Law. does not reside within the city, he shall designate some other § 281-3. Housing Rehabilitation Fund. person responsible on his or her behalf who shall reside within A. A separate fund is hereby created pursuant to the provisions the city. All tenants shall be of § 402 of Article VIII of the Private Housing Finance Law, to informed of this responsible person, his name, address and be known as the "Housing Rehabilitation Fund," which shall be telephone number. used to pay the expenses of the city in administering and B. Whenever there are fifteen (15) families occupying any carrying out the provisions of multiple housing and the owner does not reside therein or said Article VIII of the Private Housing Finance Law, including within a distance of one thousand (1,000) feet from said the financing of loans. dwelling, there shall be some other person responsible on B. The following funds and moneys shall be credited to and behalf of the owner who shall either reside in said dwelling or kept in said fund: within a dwelling located within a distance of one thousand (1) All funds and moneys appropriated or otherwise made (1,000) feet from said dwelling and have charge of said available by the city for the purpose of carrying out the dwelling, and all tenants shall be informed of this responsible provisions of said Article VIII of the Private Housing Finance person, his name, address and telephone number. Where Law. multiple housing is connected or adjoining, one (1) resident (2) All funds and moneys received or collected in connection janitor, housekeeper or superintendent shall be sufficient, with loans to owners of multiple dwellings, including but not provided that he shall furnish personnel to lawfully care and limited to funds and moneys received or collected as payments maintain such a project. of principal, interest, fees, charges, costs and penalties. § 281-8. Filing of plans for existing multiple housing. (3) All other funds and moneys received or collected by the city On all existing multiple housing, there shall be filed a set or in carrying out the provisions and purposes of Article VIII of the sets of plans, sketches or diagrams acceptable to the Private Housing Finance Law. Department. Each set or sets shall contain a complete floor § 281-4. Availability of funds required. plan of each story, showing complete dimensions of all rooms, No loan or advance, either permanent or temporary, or contract windows, doors, height of ceilings, hallways, etc., including all to loan shall be made unless adequate unencumbered funds means of egress. Such plans, sketches or diagrams shall be are available in the Housing Rehabilitation Fund for the accompanied by an affidavit stating the building complies with intended purpose and the Comptroller has so certified. said plans as of the date clearly affixed thereon. Affidavit shall § 281-5. Rules and regulations. be executed by the individual or individuals who prepared such Rules and regulations implementing the provisions of this plans, sketches or diagrams. The Department shall have the Article and Article VIII of the private Housing Finance Law right to refuse to accept any plans, sketches or diagrams that which are not inconsistent therewith may, subject to the do not clearly describe in an understandable manner the above approval of the Commissioner of Inspections and Licenses or furnish the necessary dimensions clearly defined or is not Permit and Inspection Services and the Comptroller, be prepared in an acceptable workmanlike manner. Any plans prescribed from time to time by the Director of Rehabilitation furnished by a registered architect or licensed professional and Conservation, as head of the Division of Rehabilitation and engineer which are clearly stamped with his seal and bearing Conservation, which said rules and regulations so prescribed his signature need not comply with the affidavit part of this shall take effect upon their approval by the Common Council. section. ARTICLE II, General Regulations § 281-9. Certificate of approval required for construction § 281-6. Maintenance of premises. or alteration, A. It shall be unlawful for any owner, architect, builder, specifications, plans or statements submitted or filed for contractor, engineer, subcontractor or his agent to such certificate of approval. commence the construction of any alteration of any E. All specifications, plans, certificates of approval and multiple housing or any part or section thereof or of any statements filed in the Department shall be public records building or structure on the same lot with such a dwelling and shall not be removed from the Department. or alteration or conversion of a building for use as § 281-10. Tax exemptions. multiple housing or the moving of a multiple dwelling A. Definitions. from one lot to another until the issuance of a certificate (1) Unless otherwise expressly stated, the following terms of approval by the Department upon compliance with all shall, for the purpose of this section, have the following of the following requirements. meanings: (1) The owner or a registered architect or licensed ALTERATION and IMPROVEMENTS -- A physical change in professional engineer designated by the owner as his an existing structure other than painting, ordinary repairs, agent shall file with the Department, upon a form normal replacement or maintenance items, except that repairs furnished by it, a detailed statement of the specifications and modernization designed to accommodate the provisions of for the construction, alteration, conversion or moving of the New York State Energy Conservation Construction Code such dwelling or structure and for its use and occupancy, shall be eligible for tax exemption and abatements under this together with one (1) complete copy of the plans and section. specifications of such work. CITY OF BUFFALO BOARD OF REVIEW -- The Mayor, (2) Such statement shall give the name and residence, by Council President and Comptroller of the City of Buffalo. street and number, of t owner of such dwelling or COMPLETE AN ALTERATION OR IMPROVEMENT -- structure. If such construction, alteration, conversion or Conclude or terminate any physical operation such as is moving is proposed to be done by any other person then referred to in the definition of "start an alteration or the owner of the land in fee, such statement shall also improvement" to an extent or degree which renders such contain the name and residence, by street and number, of building capable of use for the purpose for which the alterations every person interested in such land and dwelling, either or improvements were intended. as owner or lessee or in any representative capacity. EXISTING DWELLING -- A Class A multiple dwelling not (3) Such statement shall be verified by an affidavit of the used, in whole or in part, for single-room occupancy or a person making it. Said affidavit shall allege that said building consisting of one (1) or two (2) dwelling units over specifications and plans are true and contain a correct space used for commercial occupancy. description of such dwelling or structure, of the class and ORDINARY REPAIRS -- Repairs or ordinary maintenance kind thereof, of its occupancy of the lot and of the items or normal replacement items made to an existing proposed work. No architect or engineer shall be dwelling. recognized as the agent of the owner unless he shall file START AN ALTERATION OR IMPROVEMENT -- Begin any with the Department a written instrument, signed by the physical operation undertaken for the purpose of making owner, designating him as such agent. Any false alterations or improvements. allegation in respect to a material point shall be deemed (2) The following terms shall have the meanings defined in the perjury. Multiple Dwelling Law: "private dwelling," "multiple dwelling," (4) Such specifications, plans and statements shall be "Class A multiple dwelling," "Class B multiple dwelling" and filed in the Department, which shall cause them to be "single-room occupancy." examined. if such plans and specifications conform to the B. Any increase in the assessed valuation of real property shall provisions of this Article and other state and local laws be exempt from taxation for local purposes to the extent enforced by the Department, they shall be approved b the hereinafter set forth, provided that such increase in assessed Department, and a written certificate to that effect shall be valuation results from: issued to the person entitled therein. (1) Conversion of Class B multiple dwellings or other buildings B. The construction, alteration, conversion or moving of or structures to Class A multiple dwellings not used in whole or such dwelling of structure or any section or part thereof in part for single-room occupancy; shall be in accordance with such approved specifications, (2) Alterations or improvements to eliminate unhealthy or plans and statements and all other applicable laws. The dangerous conditions or to replace inadequate and obsolete Department may approve changes in any plans, sanitary facilities, any of which represent fire or health hazards, specifications and statements previously approved by it, in any existing Class A multiple dwelling or buildings consisting provided that when so changed they are in conformity of one (1) or two (2) dwelling units over space used for with law and with the provisions of Subsection D. commercial occupancy, except insofar as the gross cubic C. Any certificate of approval which has been issued by content of the building is increased thereby; or the Department, but under which no work has been done (3) Alterations or improvements which are designed to above the foundation or cellar walls within six (6) months conserve the use of fuel, electricity or other such energy from the time of sources in any dwelling or other building or structure described the issuance of such certificate of approval, shall expire. in Subsection B(l) or (2) of this section. The Department may reissue any certificate of approval C. Such exemption shall take effect on the first taxable status or renew any approval that has so expired but shall date after the completion of the work which results in the require that the plans be made to conform to all exemption and shall continue for eight (8) years and shall be at amendments to any laws applicable thereto that may the following rates: an exemption of one hundred per centum have been enacted after the approval of the original (100%) in the first and second years; an exemption of application. seventy-five per centum (75%) in the third and fourth years; an D. The Department shall have power to revoke or cancel exemption of fifty per centum (50%) in the fifth and sixth years; any certificate of approval in case of any failure to and an exemption of twenty-five per centum (25%) comply with any of the provisions of this Article and all in the seventh and eighth years. The conversion, alterations or other state and local laws enforced by the Department or improvements for which such exemption is granted shall have in any false allegation or representation is made in any been started after June 1, 1976, and shall be completed within two (2) years after the date on which the same shall have been started, if started prior to January 1, 1978, and shall be the production of such hooks, papers or documents as it shall completed within thirty-six (36) months after the date on which deem necessary; may make preliminary estimates of the same shall be started, if started on or after January 1, 1978, maximum reasonable cost of such conversion, alterations or and shall in any event be completed prior to December 31, improvements; shall establish maximum allowable costs of 1984. Alterations and improvements described in Subsection specified units, fixtures or work in such conversion, alterations B(3) of this section shall only receive the benefits of this or improvements; and may require the submission of plans and section where such alterations or improvements are specifications before the start thereof. Such determination and commenced on or after January 1, 1978. certification shall be submitted to the City of Buffalo Board of D. The real property taxes levied by the City of Buffalo on any Review for conditional approval before the commencement of property, including the land, eligible to receive the benefits of construction. Subsection B(3) of this section shall be abated and reduced by I. The Department of Community Development or any agency an amount no greater than eight and one-third per centum (8 successor thereto shall notify the Department of Assessment, 1/3%) of the reasonable cost of such energy-related alterations the Division of Audit and the Department of Administration and or improvements each year for a period of ten (10) years, Finance of any property which has been certified as eligible for commencing the benefits with the first tax bill after the completion thereof. In no event of this section, the date on which such conversion, alterations shall any abatement granted herein exceed in the aggregate or improvements were started, the date on which such eighty-three and one-third per centum (83 1/3%) of the conversion, alterations or improvements were completed and reasonable cost of such alterations or improvements nor shall the approved such abatement in any consecutive twelve-month period reasonable cost of such conversion, alterations or exceed the amount of taxes payable in such twelve-month improvements. period. J. The Department of Assessment may adopt and promulgate E. The benefits of this section shall not apply to any private such rules and regulations as it shall deem necessary for the dwelling, notwithstanding any other provision of this section, effectuation of the purposes of this section. unless such private dwelling is: K. The Department of Community Development or any agency (1) In an area approved for clearance, replanning, successor thereto shall accept no application for the benefits of reconstruction or neighborhood rehabilitation pursuant to this section if there are outstanding real property taxes or Chapter 887 of the Laws of 1945, as from time to time water or sewer charges due and owing on such property or if amended; or in an area designated for studies, tests, the applicant has not documented the expenditure of approved demonstrations and other activities for the prevention and reasonable costs or if all claimed work has not been performed elimination of slums and urban blight pursuant to Chapter 608 and completed in a satisfactory manner. of the Laws of 1956, as from time to time amended; or in an L. The benefits of this section shall be revoked by the area for which a preliminary or final plan has been approved Department of Assessment or the Department of Community pursuant to Chapter 688 of the Laws of 1957 or Chapter 924 of Development or any agency successor thereto at any time the Laws of 1958, as from time to time amended, or Chapter during the authorized term of such benefits if city real property 971 of the Laws of 1960; or in an area for which a urban taxes or water or sewer charges remain unpaid for one (1) year renewal plan or tests, studies or demonstrations have been after the same shall become due and payable. The benefits of approved pursuant to Article 15 of the General Municipal Law; this section shall also be revoked by the Department of and Assessments or Department of Community (2) Certified by the project board for the area as a dwelling Development or any agency successor thereto if a hazardous which is to be or has been improved in conformity with such condition substantially violating the applicable ordinances of the replanning , reconstruction, neighborhood improvement, City of Buffalo exists upon such property. studies, tests, demonstrations or plans. M. During the period for which an exemption is granted any F. The benefits of this section shall apply to any multiple property pursuant to this section, the assessed valuation of dwelling, building or structure as provided in Subsections B such property may be increased because of an increase in the and C of this section which, after conversion, alteration or value of the land or because of improvements to the building or improvement, is operated for the benefit of persons or families structure other than those made under the provisions of this who are entitled to occupancy by section. Reason of ownership of stock or membership in the corporate N. Any person who shall knowingly and willfully make any false owner or for the benefit of such persons or families and other statement as to any material matter in any application for the persons or families entitled to occupancy under applicable benefits of this section shall be guilty of an offense punishable provisions of law without ownership of stock or membership in by a fine of not more than one thousand five hundred dollars the corporate owner or is owned as a condominium and is ($1,500.) or imprisonment for a period of not more than fifteen occupied as the residence or home of three (3) or more families (15) days, or both. living independently of each other. 0. All the benefits of this section shall be subject to final G. The benefits of this section shall be restricted to buildings approval by the City of Buffalo Board of Review. and structures which the Department of Community § 281-11. Low-income housing. Development or any agency successor thereto shall certify to A. Intent. The purpose of this section is to enable the City of be structurally sound and in compliance with all applicable Buffalo to grant tax exemptions pursuant to § 42 1 -e of the provisions of law. New York State Real Property Tax Law for low-income housing H. The Department of Community Development or any agency projects developed under Article XVIII of the New York State successor thereto shall determine and certify the reasonable Private Housing Finance Law. cost of any such conversion, alterations or improvements and B. Eligible projects. Any cooperative, condominium, eligibility for the benefits of this section, and for that purpose it homesteading or rental project which receives payments, may adopt rules and grants or loans pursuant to Article XVIII of the New York State regulations; administer oaths to and take the testimony of any Private Housing Finance Law is eligible. person, including but not limited to the owner of such property; C. Application. Application for tax exemptions pursuant to this may issue subpoenas requiring the attendance of such section should be made to the Department of Assessment. persons and Such application shall have sufficient proof that the project for which the tax exemption is sought was developed under Article Department of Inspections and Community Revitalization for XVIII of the Private Housing recommendation of a tax exemption agreement between the Finance Law. city and the project owner to the Common Council. Such D. Approval. Upon receiving a completed application, the agreement shall be subject to approval by the Common Council Department of Assessment shall determine the eligibility of any and may be equal to or less than the exemption applied for by project proposed for exemption under this section and approve the project owner initially. or deny the application. It is hereby certified, pursuant to Section 3-19 of the Charter, E. Benefits and limitations. Projects eligible for exemptions that the immediate passage of the foregoing ordinance is under this section shall be exempt from all or any portion of the necessary. taxes imposed by a municipality, including those impose by a REFERRED TO THE COMMITTEE ON LEGISLATION school district, other than assessment for local improvements NOTE: Matter in BOLD to be deleted; matter underlined is for a period not to exceed new. Twenty (20) years in the aggregate after the taxable status date immediately following the completion thereof, calculated not to No.144 exceed the following exemptions: twelve (12) years of full By: Mr. Fontana exemption followed by two (2) years of exemption from eighty percent (80%) of such taxation, followed by two (2) years of Re: Ordinance Amendment exemption from sixty percent (60%) of such taxation, followed Chapter 326 – Plumbing by two (2) years from exemption of forty percent (40%) of such The Common Council of the City of Buffalo does hereby ordain taxation, followed by two (2) years as of exemption from twenty percent (20%) of such taxation, follows: provided that the tax exemption authorized by this section shall That Chapter 326 of the Code of the City of Buffalo be be in addition to any other tax exemption or abatement amended to read as follows: authorized by law. [Amended 11 - 16-1993, effective ARTICLE 1, Licensing of Journeyman Plumbers 11-29-1993] § 326-1. Definitions. § 281-12. Turnkey/enhanced rental projects. As used in this Article, the following terms shall have the A. Intent. The purpose of this section is to enable the City of meanings indicated: Buffalo to grant real property tax exemptions to low-income JOURNEYMAN PLUMBER -- Any mechanic who has served turnkey/enhanced rental project(s) developed with funds his apprenticeship or learned his trade or handicraft and works authorized by Article XVIII-A of the New York State Private at it mostly by the day, week or month, not on his own account, Housing Finance Law. Authorization for this section is found at but as a servant or employee of another, and shall include any § 1106-h of the law. person who holds himself out to the public as a "journeyman B. Eligible projects. Any low-income turnkey/enhanced rental plumber." project developed with funds authorized by Article XVIII-A of § 326-2. License required; penalties for offenses. the New York State Private Housing Finance Law is eligible for A. No person shall perform any plumbing work as a the exemption provided in this section. journeyman plumber in the City of Buffalo without being C. Benefits and limitations. licensed as hereinafter provided. (1) Pursuant to an agreement as provided in Subsection D B. Any violation of this section shall be deemed to be the below, an eligible project shall have all or any portion of the commission of an unclassified misdemeanor and shall be value of the property included in a turnkey/enhanced rental punishable by a fine or penalty of not more than one thousand project which represents an increase over the assessed dollars ($ 1,000.) or by imprisonment for not more than sixty valuation of the real property, both land and improvements, (60) days, or by both such fine and imprisonment, for each prior to the improvements of the property necessary or intended such offense. to effectuate the purposes of this Article, exempt from any and § 326-3. Form of license. all city real property taxes, as defined in Subdivision 20 of § Said license shall be in printed form, containing the words: 102 of the Real Property Tax Law, real property special ad City of Buffalo valorem levies, as defined in Subdivision 14 of § 102 of the Journeyman Plumber's License Real Property Tax Law, and special assessments, as defined Date in Subdivision 15 of § 102 of the real property tax law, except License No. Fee License is hereby that the assessed valuation may be increased or decreased to granted to reflect a change in the level of assessment as certified to perform plumbing work as a pursuant to Title 2 of Article 12 of the Real Property Tax Law. journeyman plumber in the City of Buffalo, pursuant to the (2) An eligible project shall also receive an abatement of any or Code of said city and the rules and regulations governing the all of the real property taxes which are payable to the city for installation such duration as may be approved by the Common Council, if of plumbing work in said city. any property taxes remain to be paid after the exemption or Expires December 31, 20 abatement provided in this section is determined. Director of Housing and Inspections Commissioner of (3) The tax exemption or abatement authorized by this section permit and Inspection Services shall be in addition to any other tax exemption or abatement § 326-4. Issuance and exhibit of card. authorized by law, and provided further, however, that in the A card containing the wording on the aforesaid license, with event a project ceases to be subject to one (1) or more blank spaces filled in, shall, at the time of issuance of said provisions of this Article, any tax exemption or abatement license by the Director of Housing and Inspections authorized pursuant to this section with respect to the eligible Commissioner of Permit and Inspection Services, be issued to property of such project shall terminate. said applicant, who shall carry the same upon his person while D. Application and approval. Application for the benefits in the performance of the plumbing work, and said card shall provided for this section shall be made to the Department of be exhibited, upon demand, to any policeman or inspector of Assessment on such forms or subject to such procedures as plumbing of said city or to any owner or agent on any premises may be established by the Department of Assessment. The upon which said plumber is doing work. application shall be submitted to the § 326-5. Application. Any person desiring to obtain a license to perform any Services shall thereafter inform, in writing, said Chief Plumbing plumbing work as a journeyman plumber in the City of Buffalo Inspector of the result of any action taken by him as aforesaid shall first make application to the Director of Housing and against any such unlicensed journeyman plumber. Inspections Commissioner of Permit and Inspection Services § 326-11. Fees; expiration and renewal of license. of said city, upon forms provided by him, giving such details as The fee for a journeyman plumber's license and the fee for are required by him. The application shall contain: each renewal of said license shall be as provided in Chapter A. The name, age and address of the applicant. 175, Fees. Each said license shall expire biennially on the 3 1 B. A statement of the kind of work the applicant has been st day of December following the issuance of said license and engaged in for the past five (5) years. shall be renewable thereafter biennially on the 3 1 st day of C. A statement of the experience and qualifications of the December. The Examining Board of Plumbers shall charge a applicant in the doing of plumbing fee as provided in Chapter 175, Fees, for each examination, as work. provided by this Article. § 326-6. Referral to Examining Board of Plumbers. § 326-12. Application for renewal. Upon the receipt of the aforesaid application, the Director of Every holder of a valid license hereunder shall, prior to Housing and Inspections Commissioner of Permit and December 3 1, make application to the Director of Housing Inspection Services shall thereafter refer the same to the and Inspections Commissioner of Permit and Inspection Examining Board of Plumbers of said city, as now or hereafter Services for a renewal of the same. No renewal of said license constituted, for examination as to the qualifications of the shall be granted by the Director of Housing and Inspections applicant to do plumbing work. The Examining Board of Commissioner of Permit and Inspection Services unless the Plumbers shall return to the Director of Housing and applicant presents with his application for a renewal of license, Inspections Commissioner of Permit and Inspection Services a certificate of registration obtained from the Examining Board said application, together with a statement of its action thereon. of Plumbers of said city. The renewal of said license shall be in § 326-7. Examination. the discretion of the Director of Housing and Inspections For the purpose of ascertaining the qualifications of any Commissioner of Permit and Inspection Services, who may for applicant for a license as journeyman plumber, as herein a reasonable length of time stay the renewal thereof pending provided, said Examining Board of Plumbers, before registering investigation of any complaints or charges made against the said plumber, shall require the applicant to pass a test or said applicant. No rebate of any portion of said annual renewal, examination as to his qualifications to do plumbing work in said however, shall be allowed pending such stay of license. city. § 326-13. Apprentices § 326-8. Registration; issuance of license. A. To establish a record of his beginning an apprenticeship, A. Every applicant for a license as a journeyman plumber every plumbing apprentice or learner, regardless of age, who aforesaid, after taking said examination and satisfactorily contemplates filing an application for a plumber's license, shall, passing the same, shall be entitled to register his name and within sixty (60) days after beginning of such apprenticeship, address with said Board under rules established by the said register with the Examining Board of Plumbers on a blank Board. Upon so registering, said applicant shall receive a furnished by said Board setting forth the date on which certificate of registration from said Board, which he shall apprenticeship was begun, age, by whom employed or trade present to the Director of Housing and Inspections school which he has attended and such other information as Commissioner of Permit and Inspection Services before the Board may require, and which registration shall constitute a receiving a record of his apprenticeship and of his right to file an License from said Director Commissioner. Upon receiving application for examination and license subject to the said certificate of registration, the Director of Housing and provisions of the application, sworn statement and the Inspections Commissioner of Permit and inspection Services ordinances covering journeyman plumber's license. may issue a license to said applicant to perform plumbing work B. An apprentice cannot be placed in charge of work of as a journeyman plumber in the City of Buffalo. installing plumbing and do such work alone, neither can such B. The Director of Housing and Inspections Commissioner apprentice install plumbing under the supervision of a master of Permit and Inspection Services shall not issue any license, plumber when such master plumber is not also physically as herein provided, to any applicant therefor unless and until present and taking an active part in the installation-. there has been filed in his office said application, together with ARTICLE II, Permits a statement of the action of the Examining Board of Plumbers § 326-14. Definitions. and a certificate of registration in the name of the applicant, For the purposes of this Article, the following terms shall have Signed by the Examining Board of Plumbers. the meanings defined herein: § 326-9. Revocation of license. CONDUCTOR -- Any inside roof drainpipe draining a roof or The Director of Housing and Inspections Commissioner of that part of any outside roof drainpipe permanently connected Permit and Inspection Services may revoke any license issued with the sewer system. to any person under the provisions of this Article for cause after PLUMBING FIXTURES -- Includes any receptacle or conduit a hearing upon three (3) days' notice to said person. carrying or discharging waste or water, or both, connected § 326-10. Reports of plumbing inspectors. directly or indirectly with the plumbing system, including the Inspectors of plumbing, appointed pursuant to Section 143 of hot- or cold-water lines or hot-water tanks or heaters, and the Charter, in addition to their other duties, shall report in which is connected directly or indirectly with the city water or writing to the Chief Plumbing Inspector in the Division of New sewer services. Repair parts added to or replaced on any Construction, Department of Inspections and Licenses fixture shall not be considered as a fixture in the charging of Permit and Inspection Services, the name of any journeyman fees herein. plumber found installing any plumbing and drainage work in the REINSPECTION -- An additional inspection where it is found City of Buffalo without a certificate of registration or a license, by the Division of New Construction that the work has not been as herein required, and said Chief done in a satisfactory manner or not in compliance with this Plumbing Inspector shall then refer the matter to the Director Article, the rules and regulations for the registration of of Housing and Inspections Commissioner of Permit and plumbers and installation of Inspection Services for his action. The Director of Housing plumbing and drainage in the City of Buffalo and other and Inspections Commissioner of Permit and Inspection applicable ordinances of the City of Buffalo. § 326-15. Permit required; transferability. Nothing in this Article shall be construed to prevent the Plumbing work shall not be commenced until a permit for such Commissioner from issuing a permit for the installation of part work has been issued by the Commissioner. A plumbing permit of a plumbing system before the entire plans and specifications shall not be transferable only be issued to a city of Buffalo of said plumbing system have been submitted or approved, if Licensed Master Plumber. A plumbing permit is not adequate information and detailed statements have been transferable. A plumbing permit my be issued to an individual presented for the same and have been found to comply with resident owner, who has proven to the satisfaction of the this Article. Commissioner of Permit and Inspection Services that they are § 326-22. Payment of fees required prior to issuance. personally qualified to perform such plumbing work within their A permit to begin work for new construction or alteration shall own home. not be issued until the fees prescribed have been paid, nor § 326-16. Exceptions. shall an amendment to a permit necessitating an additional fee A. Repairs which involve only the working parts of a faucet or because of the additional work involved be approved until the valve, the clearance of stoppages, the repairing of leaks or the additional fee shall have been paid. replacement of defective faucets or valves may be made § 326-23. Inspections and tests. without a permit, provided that alterations are not made in the A. It shall be the duty of the Commissioner to enforce the existing piping to fixtures. provisions of this Article and to make such inspections and B. In owner occupied one or two family dwellings, replacement tests as may be required under Chapter 249, Inspections. only of any single plumbing fixture, or the removal and B. The Commissioner or his authorized representative shall reinstallation of existing plumbing fixtures for the purpose of the carry proper credentials of his respective office for the purpose replacement of flooring or the like, may be made without a of inspecting any and all buildings and premises in the pen-nit provided that alterations are not made in existing piping performance of his duties under this Article during usual to fixtures. Hot water tanks are excluded from this provision, business hours. and a permit shall be required for their installation or § 326-24. Condemnation of materials or equipment. replacement. The Commissioner shall condemn any used plumbing material § 326-17. Application. or equipment which is so worn, damaged, defective or Application for a permit for plumbing work shall be made on constructed as to constitute a sanitary or safety hazard, and forms prepared and provided by the Commissioner and shall such condemned material or equipment shall not be reused for be accompanied by an adequate description of the proposed plumbing purposes. plumbing work. § 326-25. Notice of violation. § 326-18. Denial. Written notice of any violation of this Article shall be given any If a permit is denied, written notice of the reasons for denial violators thereof, and upon his failure to remove the violation shall be provided to the applicant who may submit such revised within a reasonable time but not more than seven (7) days, plans and specifications as are necessary to obtain approval. prosecution for violation of this Article shall be commenced § 326-19. Expiration. against him. Every permit issued by the Commissioner under the provisions § 326-26. Issuance of permit; fees. of this Article shall expire by limitation and become null and Permits shall be issued in duplicate, one (1) copy to be given to void if the work authorized by such permit is not commenced the applicant and one (1) copy to remain on record in the office within one (1) year from the date of issuance of such permit or of the Division of New Construction, upon the applicant's if the work authorized by such permit is suspended or compliance with this Article and upon the payment of the fees abandoned at any time after the work is commenced for a as provided in Chapter 175, Fees. period of one (1) year. Before such work can be recommenced, § 326-27. Stop-work orders. a new pen-nit shall be obtained. Whenever the Commissioner has reasonable grounds to § 326-20. Plans and specifications. believe that work on any building or structure is being A. The Commissioner may require the submission and performed in violation of the provisions of the applicable approval of plans and specifications in duplicate showing the building laws, ordinances or regulations or not in conformity nature and extent of the proposed work before a permit is with the provisions of the accepted application, plans or issued. If, in the course of the work, it is found necessary to specifications and revisions thereof or in an unsafe and make any change from the approved plans and specifications dangerous manner or without a required pen-nit, the on which a permit has been issued, amended plans and Commissioner shall notify the owner of the property or the specifications shall be submitted; and, if approved, a owner's agent to suspend all work, and any such persons shall supplementary permit shall be issued to cover the change after forthwith stop work and suspend all building activities until the the stop-work order has been rescinded. Such order and notice same conditions required to secure the original pen-nit have shall be in writing, shall state the conditions under which the been satisfied. work may be resumed and may be served either by delivering it B. Plans and specifications where required by the personally or by posting it conspicuously where the work is administrative authority in Subsection A shall include a plan being performed and sending a copy of it by mail to the view and a riser diagram showing the work. Such plans shall address set forth in the permit application. show the direction of flow, pipe size, grade of horizontal piping, ARTICLE III, Master Plumbers elevations and drainage fixture unit § 326-28 Master Plumber Loading of both stacks and drains on drain, waste and vents, A. License required and the supply fixture unit load for water system and any Plumbing work by unlicensed person(s) is prohibited. branch supplies which serve more than one (1) plumbing 2. No person shall hereafter engage in, common, or conduct fixture, appliance or hose outlet. Symbols used thereon shall be the business of Master Plumber or do, or perform, or offer, or in accordance with accepted engineering practice. undertake, or contract to do the work of a Master Plumber C. All plans and specifications required to be submitted shall within the City of Buffalo unless holding such Master Plumber be examined by the Commissioner for conformance with the License. provisions of this Article. 3. No person not the holder of such license shall use in § 326-21. Approval in part. advertising the words "Master Plumber" or any words of similar meaning; or imprint on any card, sign, or letterhead the same for the purpose of plumbing in the City of Buffalo in whole or May I and June I and so often thereafter as necessary to part. maintain such land in a sanitary and orderly condition. Failure 4. No person or company shall cause to be done, or engage to to comply with this section shall constitute a violation of this do, any plumbing work by unlicensed plumber. section and shall be punishable by a Class F fine in the amount 5. No person may obtain license without first procuring a of $150. This shall be in addition to any other penalty provided Master Plumber certificate of competency issued by the in the Code of the City of Buffalo or in any other law. Examining Board of Plumbers, and registering with same board § 341-2. Enforcing official; notification of noncompliance. in accordance with the general city law. It shall be the duty of the Commissioner of Street Sanitation B. Duties, responsibilities Public Works, Parks and Streets and/or the Commissioner of 1 . Master Plumber to ensure current license status of any Permit and Inspection Services to see that the provisions of Journeyman Plumber in their employ. this article are enforced. Where violations of this article exist, 2. Master Plumber shall not file for, or procure plumbing pen-nit the Commissioner of Public Works, Parks and Streets and/or for others, or for any work not contracted by and done by said the Commissioner of Permit and Inspection Services Street Master Plumber. Sanitation shall notify the owner of such land of the violation. 3. Master Plumbers shall operate their business in accordance Such notice shall give the owner five days to comply with this with the acceptable practices of the trade. article. Such notice may be mailed by first class mail to the 4.Master Plumbers shall not charge for their services grossly owner pursuant to Buffalo Charter Sec. 4-6028-7. In the excessive rates, o otherwise take undue advantage of an alternative, the notice may be personally served upon the owner unsuspecting public. by delivering the notice to the owner or by delivering the notice 5. Master Plumbers shall not cause to be done any work not to a person of suitable age and discretion at the owner's necessary to a specific plumbing project, either intentionally or residence or place of business. by neglect. They shall incorporate into any contract a warning § 341-3. Performance of work by city. as to potential additional work, which may be reasonably In the event that the owner of such land receives notification to anticipated to complete said project, along with an correct the violation and does not comply therewith, the approximation of cost of said additional work, especially insofar Commissioner of Street Sanitation shall engage the services of as piping, which is buried or otherwise hidden from view. a private contractor to perform the necessary work. The 6. Master Plumbers shall include all probable permit fees for Commissioner of Public Works, Parks and Streets and/or the any estimate or contract. Commissioner of Permit and Inspection Services Street 7. Master Plumbers, when bidding or contracting to do, or in Sanitation shall charge and bill the owner for the cost of such the course of actual work, shall comply with the provisions of services. In his discretion, the Commissioner may assign city this chapter, and the codes of New York. They shall not personnel to do the work, in which case a charge as provided in knowingly proceed with any project whose contract provisions Chapter 175, Fees, shall be made. are not in compliance either actually, or by omission. § 341-4. Reports and assessments. 8. Master Plumbers are required by law to register with the The Commissioner of Public Works, Parks and Streets and/or Examining Board of Plumbers of the City of Buffalo. the Commissioner of Permit and inspection Services Street Registration for licensed master plumbers must be made in Sanitation shall keep an account of all such work done and person and shall occur on the first day of each year, or during shall report to the Common Council all parcels of land upon the month of December prior thereto. Registration compliance which such work has been performed and the names of the shall consist of signing the Master Plumber registration book owners of said parcels who have not paid for the cost of the during said dates. work performed, and the Common Council shall thereupon 9. Persons who have a Certificate of Competency and do not order assessments upon such lands for the unpaid sums so take out a license shall register in the same manner as Master reported. Plumbers, to keep certificate active. An active certificate is ARTICLE II, General Standards required to take out a license for Master Plumber. § 341-5. Compliance required. 10. Master Plumbers shall not allow any apprentice plumber, or Residential, commercial, storage and industrial buildings, unlicensed journeyman plumber, in their employ or otherwise whether occupied or vacant, and accessory structures shall be under their supervision, to do plumbing work of any kind, maintained in conformity with the provisions of this Article so as including repairs and clearing stoppages of drains, unless said to assure the desirable character of the property and its effect Master Plumber is physically present and taking an active part on surrounding areas. in, said work. § 341-6. Maintenance of open areas. REFERRED TO THE COMMITTEE ON LEGISLATION A. Surface and subsurface water shall be appropriately NOTE: Matter in BOLD to be deleted; matter underlined is drained to protect buildings and structures and to new. prevent the development of stagnant pond. B. All drainage water from roof surfaces of residential No. 145 buildings shall be properly drained into a sewer, or by By: Mr. Fontana any alternate method approved by the Commissioner. No Re: Ordinance Amendment buildings or structures shall discharge roof drainage on Chapter 341 - Property Maintenance sidewalk, stairs or neighboring property. The Common Council of the City of Buffalo does hereby C. Fences and other minor construction shall be ordain as follows: maintained in good repair and in al safe condition. That Chapter 341 of the Code of the City of Buffalo be D. Steps, walks, driveways, parking spaces and similar amended to read as follows: paved areas shall be maintained so as to afford safe ARTICLE 1, Removal of Weeds, Brush and Debris passage under normal use and weather conditions. § 341-1. Duty of owner or occupant; penalties for offenses. E. Yards, courts and vacant lots shall be kept clean and It shall be the duty of every owner, occupant or person having free of physical hazards, rodent harborage and charge of lands within the city to cut down or cause to be cut infestation. down all overgrown weeds, grass, brush and other vegetation F. Heavy undergrowth and accumulations of plant growth and to remove or cause to be removed all garbage and tree which are noxious or detrimental to health shall be limbs or other debris on said land each and every year between eliminated. § 3 41 6. 1. Display of slaughtered game. A. Grounds, buildings and structures shall be maintained No person shall place, hang, suspend, affix or otherwise free of insects, vermin and rodents shall conform to display the carcass of slaughtered game upon any lot or generally accepted practice. premises except within an enclosed structure or B. Where the potential for rodent or vermin infestation otherwise shielded from view. exists, windows and other opening in basements, crawl § 341-7. Maintenance o f buildings and structures. spaces and cellars used for ventilation shall be A. Definitions. For the purposes of this section, the appropriately screened with wire mesh or other suitable following terms shall have the meanings indicated. materials, GRAFFITI Any unauthorized inscription, word, figure, C. All exterior openings that are used for ventilation in all painting or other defacement that is written, marked, occupied rented dwelling units, up to and including the etched, scratched, sprayed, drawn, painted or engraved third story, shall have installed therein screening on No. on or otherwise affixed to any surface of public or private 15 mesh or finer from June 1 to October 1 in each year. property by device capable of leaving a visible mark. In any dwelling where mechanical ventilation is supplied, STRUCTURES Includes Include accessory structures. screens shall only be required in areas using natural SUBSTANTIAL DETERIORATION A status of either ventilation. No screens shall be required in upper stories general dilapidation or specific instances of disrepair, of may dwellings which are free, due to height, of including but not limited to substantial conditions of mosquitoes, flies and other insects. All screens shall be peeling, chipping, cracking, splintering, fraying, warping, maintained in good condition. crumbling, rusting, corroding, rotting or perforation. § 341-9. Garbage and refuse. B. General maintenance. Exterior and interior surfaces, A. Adequate sanitary facilities and methods shall be used including but not limit foundations, roofs, floors, walls, for the collection, storage, handling and disposal of ceilings, doors, windows and fixtures of buildings garbage and refuse in accordance with the provisions of structures, shall be maintained: the Code of the City of Buffalo and also the following : (1) in a clean, safe and sanitary manner: and (1) In any dwelling containing two (2) or more living units, (2) Free of substantial deterioration or graffiti. it shall be prohibited to store or accumulate garbage or C. Supplied items. In leased premises where appliances rubbish of any type in any public hall or stairway. or furnishings are supplied by the lessor, in whole or in (2) Every dwelling shall be provided with adequate part, the provisions of Subsection B above shall apply to covered containers of nondestructible and such items : noncombustible material, and every occupant shall D. Exterior surfaces. dispose of all garbage of rubbish in a clean and sanitary (1) Periodic treatment. in addition, exterior surfaces of manner. buildings and structures that are not inherently resistant (3) Every dwelling shall be provided with adequate to substantial deterioration shall be periodically treated garbage disposal facilities or covered containers of with a protective coating of paint or other suitable noncombustible and nondestructible material for preservative when necessary garbage. (2) Conformity. Materials used for repair of exterior (4) No person shall place ashes, garbage, rubbish, filth, surfaces of buildings and structures, including, but not urine or fecal matter in any place in any dwelling other limited to, foundations, roofs, walls, windows, doors, than the place provided therefor nor keep any such stair, columns, and chimneys, shall be of like nature, matter in his apartment or upon his premises or in his grade and quality as the existing surface, provided that in dwelling area such length of time as to create a nuisance. the replacement of an entire exterior surface, materials of B. It shall be the duty every owner of all multiple a different nature may be used. dwellings to provide proper suitable and convenient E. Owner’s duty. It shall be the responsibility of the owner receptacles or containers as outlined above, and it shall to restore any surface marred by graffiti to a clean state be the duty of all tenants of one and two family dwellings of maintenance and repair within a reasonable time. If the to provide the above required receptacles or containers graffiti is not addressed foe an extended period of time, where suitable and proper garbage disposal systems are the Commissioner may order the removal of the graffiti. not available. (1) Noncompliance. It shall be the duty of the C. Garbage chutes other than those directly connected to Commissioner of Permit and Inspection Services or his an incinerator shall be prohibited. All existing garbage designee to see that the provisions of this section are chutes that are not directly connected to incinerators hall enforced. Where violations of this section exist, the either be removed or all opening to the same permanently Commissioner shall notify the owner of such land of the sealed. violation. Such notice shall give the owner 10 days to § 341 -10. Domestic animals and pets-. comply with this article. Such notice may be mailed by A. It shall be unlawful for any person to stable, or permit first class mail to the owner’s last known address. In the to remain, any cloven footed or hoofed animal on any lot alternative, the notice may be personally served upon the or premises within a residential district or business owner by delivering the notice to the owner or by district as classified under Chapter 511 of the Code of the delivering the notice to a person of suitable age and City of Buffalo, and in no case shall such animal be kept discretion at the owner’s residence or place of business. on the same lot or premises with a dwelling, (2) After service of the notice, if he property shows no B. No person shall keep dogs, cats, rabbits, hamsters, sign of restoration, the Commissioner of Permit and chinchillas or other small animals, pets or reptiles so as Inspection Services shall engage the services of a private to cause a nuisance. contractor to perform the necessary work. The C. This section shall not include existing stables that Commissioner of Permit and Inspection Services shall have been kept in continuous operation and use. charge and bill the owner for the cost of such services. § 341 -11. Fowl. In his or her discretion, the Commissioner may assign It shall be unlawful for any person to keep any chicken, city personnel to do the work, in which case a charge as pigeon, turkey, duck or any fowl in any dwelling or on the provided in Chapter 175, Fees, shall be made. same lot or premises so as to cause a nuisance. § 341-8. Infestation and screening. § 341-12. Unoccupied hazards. A. Buildings and structures shall be maintained in such either by action or by local assessment on the premises made, condition so that they shall not become an unoccupied levied and collected as other local assessments or both. In hazard as defined in this chapter. such event, unless the city shall perform such work, the B. Any buildings in the condition of an unoccupied hazard, as Department shall secure at least three (3) bids on such work of defined in this chapter, shall be repaired, improved and enclosure; and whenever the work to be performed under maintained so as to eliminate the conditions creating an contract entails an expenditure of more than seven thousand unoccupied hazard, as defined in this chapter, or demolished, dollars ($7,000.), there shall be formal advertising for bids. and all refuse, rubbish and debris caused by such demolition D. Statement of intention. In no event shall such building or shall be removed from the premises except acceptable fill structure remain unoccupied and closed in for a period in which may be used in excavations. The area formerly covered excess of two (2) months from the date of the notice specified by any building that has been removed or demolished in Subsection A hereof unless the owner has first filed a shall be graded to the level of the lot. statement of intention to either demolish or rehabilitate said § 341-13. Sealing of unoccupied buildings. building or structure with the Department of Inspections and Whenever the Department shall find an unoccupied or partly Licenses Permit and Inspection Services and has been unoccupied building which has openings, including but not granted written approval for an extension of time to limited to doors, doorways, windows and window openings, rehabilitate or to demolish the building or structure by said through which children, trespassers or other unauthorized Department. The owner must obtain all required permits within persons may make entry to the building, then this section shall four (4) months from the date of filing a statement of intention apply. as aforementioned. Such statement of intention shall expire A. Notice; sealing requirements. and shall be of no further force or effect upon the passing of (1) Notice. The Department shall serve a notice in writing upon four (4) months from the date of its filing with the Department. the owner by one (1) of the methods provided for in Chapter For purposes of this 103, Article 11, directing the owner to complete the work of section, determination of the Department, relative to the enclosing the building as shall be specified in said notice within condition of a building being practicable for rehabilitation, shall four (4) days of service of such notice. Said notice shall also be determined on the basis of cost for rehabilitating the building inform the owner of the date and place of a hearing, at which and shall not exceed fifty percent (50%) of the worth of the time the owner or his duly designated representative may building exclusive of value present evidence and testimony on the question of the of land and foundation. necessity of the city causing said premises to be boarded. Said E. Alternative measures to remain available. The provisions of notice shall further inform the owner that upon failure by the this section shall not be deemed to impair or affect the owner either to complete the enclosing of the building or to availability of any other enforcement measures or remedies appear at the hearing, the City of Buffalo shall have the right to afforded by law. enclose the building and that all costs and expenses incurred § 341-14. Posting name of owner and/or agent of properties not by the city will be recovered by action or by local assessment, in compliance with housing and property codes. or both. A. When the Commissioner determines that the owner or agent (2) Permissible materials. Such openings as the Department of record for real property within the city has not complied with shall specify in said notice for enclosure shall be enclosed with the standards of this chapter or other standards or laws for one-half-inch or thicker weatherproof plywood or other the construction, replacement or repair of buildings, the weatherproof material which will secure the building in an Commissioner shall immediately serve notice upon that owner equivalent manner. All such plywood or other material must be or agent of record as provided below and may have erected a painted. sign with the text stated below on the public right-of-way (3) Screen/storm windows. The owner may, in the alternative, adjacent to the subject structure. The sign is in addition to any enclose such openings with screen/storm window and all remedies available to the city in state law, City Charter combinations, provided that said storm windows are made with or ordinance regarding property maintenance, building and fire unbreakable glass or plastic. codes and notwithstanding any fine or penalty (4) Fastening. Such enclosures shall be fastened to the imposed pursuant to provisions of this chapter or other law. building so as to secure them from removal by unauthorized The owner or agent of record determined to be in violation shall persons. be personally liable for the cost of purchasing, erecting and (5) Appearance. Such enclosures shall be properly fitted and dismantling the sign, as well as the costs of any repair, be of such material and surface that they are neither unsightly demolition or other related work nor will materially detract from the general appearance of the performed by the City of Buffalo where it is necessary for the building and neighborhood. city to cause said work to be done. B. Hearing. If the owner or his duly designated representative B. Such notice shall contain a description of the premises; a appears at the time and place specified in the aforementioned statement of the particulars of the code violations; a statement notice to contest the necessity of the city causing the subject that, if such owner or agent of record so served shall fail to premises to be boarded, a hearing on such question shall be commence code compliance within 10 days from service of held before the Commissioner or his said notice, the City of Buffalo shall representative. As a result of such hearing, the original notice have the right to post a sign as provided for in this section on directing the enclosing of the subject premises may be the right-of-way immediately adjacent to that owner's property; affirmed, modified or vacated, but if the notice is modified, the a statement describing the text of sign as provided in time in which to complete enclosure shall not be extended for Subsection G below; a statement that the sign once erected will more than three (3) days. The owner shall be informed of the be dismantled upon satisfactory compliance with the code by result of the hearing. the owner or agent, the place and return date for a hearing on C. Abatement by city upon owner's failure to comply. If the the violations; and a statement that the costs of enforcement, owner shall fail to comply with a notice to enclose within the including, but not limited to, the costs period specified in such notice or shall fail to comply with such of purchasing, erecting and dismantling the sign if erected, will a notice as modified as a be the personal liability of the owner or agent. result of a hearing having been had, the city shall perform or C. The notice aforementioned shall also contain the time and cause such work to be performed and may recover the expense place at which a hearing will be granted before the Commissioner to the owner or agent of record described in the NOTE: Matter in bold to be deleted; matter underlined is new. notice, at which time and place the REFERRED TO THE COMMITTEE ON LEGISLATION owner or agent shall be afforded the opportunity to present testimony NO. 146 and evidence regarding the conditions of the property, with By: Mr. Fontana reference to those particulars contained in the aforementioned notice. ORDINANCE AMENDMENT D. The aforementioned notice by the Commissioner shall be CHAPTER 387 - SIGNS served in either the following manners: The Common Council of the City of Buffalo does (1) Personally upon the owner or agent of record; or hereby ordain as follows: (2) By registered mail, in a securely fastened, postpaid That Chapter 387 of the Code of the City of Buffalo wrapper, addressed to the owner, at that owner's last known be amended to read as follows: place of address as shown by the records of the Department of ARTICLE 1, General Standards Assessment, the City Treasurer or the Clerk of the County of § 387-1. Compliance required; Convention Center. Erie and by posting a copy of the notice on the premises Subject to the provisions of Chapter 511 of the Code, involved. relating to zoning, no person, firm or corporation shall E. If, after service of the aforementioned notice, a subsequent construct, alter, repair, maintain or use a sign as hereinafter inspection shall be performed. If, after the third subsequent defined without complying with the provisions of this chapter; inspection is performed, the owner has not performed the provided, however, that this chapter shall not apply to any sign required erected by the County of Erie and/or the City of Buffalo in repairs, the Commissioner of Community Development connection with the operation of the Convention Center Permit and Inspection Services then has the option to have constructed in the downtown area of the city pursuant to a joint erected a sign described in this section. agreement between the County of Erie and the City of Buffalo. F. The time of said hearing shall be specified on a date no The size, design, illumination and other physical details of any sooner than five days after service of the notice and no later such sign, however, must have the prior written approval of the than the 1Oth day after service thereof. Commissioner of Public Works of the County of Erie and the (1) Further determination. If the owner or agent submits Commissioner of Public Works of the City of Buffalo. evidence at such hearing, the Commissioner shall thereafter § 387-2. Word usage; definitions. make a further determination, which shall: A. For the purposes of this chapter, certain terms are herewith (a) Affirm the original determination; defined. When not inconsistent with the context, words used in (b) Modify the specifications of the original determination; the present tense include the future, words in the singular (c) Establish a timetable for code compliance; or number include the plural, and words in the plural number (d) Vacate the original notice. include the singular. The (2) The Commissioner shall promptly provide notice of the word "shall" is always mandatory and not merely permissive. further determination to the owner or agent of record. B. As used in this chapter, the following terms shall have the G. The sign mentioned in Subsection A above shall be at least meanings indicated: 18 inches in height by 24 inches in width, mounted on two ACCESSORY SIGN -An identification sign for the premises standards of sufficient integrity to withstand normal wind loads. on which it is located or which advertises a product or service The sign shall be mounted on the standards at a height of no available on the premises on which it is located. more than 42 inches from existing grade not the hamper the ALTER -- Not deemed to include the changing of movable line of sight for pedestrians and motor vehicles. This sign shall parts of a sign which is designed for such changes or the have a white background with black lettering stating the repainting or the reposting of display matter. following: BILLBOARD or GROUND SIGN -- Includes a structure "This property is contributing the spread of slum and blight in supported by framework resting on the ground, of whatever the City of Buffalo. material constructed, and which is erected, used or maintained "This property is owned by _______ (name of owner or agent), for the public display of posters, painted signs, pictures or who resides at ___________ (address of record), in the other reading or pictorial matter and having a total area of more City/Town/Village of , State of ________________ If further than twenty-five (25) square feet. information is needed, the owner of this structure may be ILLUMINATED SIGN -- A sign, herein defined, which uses contacted at _______________ (owner's telephone number). artificial light. "This sign has been erected by the City of Buffalo as a public NONACCESSORY SIGN -- A sign which does not identify service in the war against slums and blight." the premises on which it is located or which advertises a H. The sign shall remain erected as long as the Commissioner product or service which is not available on the premises on deems appropriate. The Commissioner may have the sign which it is located. dismantled once the Commissioner is satisfied that the violation POLE SIGN -- A sign supported above the ground by one (1) leading to posting of the sign has been abated and that the or more poles, as distinguished from a billboard or ground sign. owner or agent of record complies with relevant code PORTABLE SIGN -- An accessory sign, illuminated or provisions. nonilluminated, which is not permanently affixed to the ground 1. Definitions. For purposes of this section, the following terms or to a building or structure. or words shall have the meaning and effect as follows: PROJECTING SIGN -- A sign which projects over the street COMMISSIONER -- The Commissioner of Community line. Development Permit and Inspection Services or designee. REPAIR -- Includes all work which shall increase the area or OWNER OR AGENT OF RECORD -- Any owner of real height of a sign or substantially change the surface, framework, property or premises within the city as indicated within the molding braces or anchors of a sign. records of the Department of Assessment obtained pursuant to ROOF SIGN -- A sign constructed upon the roof of a building. City Charter Sections 157 and 158 or from other sources, the SIGN -- Includes a structure built or erected, used or City Treasurer, other city records or the Clerk of the County of maintained for the public display of an advertisement, Erie or any other person who has agreed to be the owner's announcement or direction in the form of a poster, picture, agent. painted sign, illuminated sign or other reading or pictorial opinion of the Commissioner of Inspections and Licenses matter. Commissioner of Permit and Inspection Services, the owner or TEMPORARY SIGN -- A real estate sign, construction sign or lessee of the property on which the sign is located shall be banner. notified, in writing, to remove the sign or place it is WALL SIGN -- A sign attached to or supported by the wall of a safe condition. If such owner or lessee shall refuse or neglect a building, except a temporary sign. to remove or place the sign in a safe condition within three (3) § 387-3. Compliance with zoning provisions. days after the delivery of such notice to the owner or the A. No permit or license shall be issued under the provisions of lessee, this chapter for the erection or maintenance of a sign, as the Commissioner of Inspections and License defined in § 387-2, which in any way is in violation of the Commissioner of Permit and Inspection Services may cause provisions of Chapter 511 of the Code, known as the "Zoning the sign to be removed, and the expense thereof shall be Ordinance." assessed against the property on which the sign is located in B. The height of a pole sign shall be limited by the height accordance with the provisions of the Charter of the city regulation of the zoning district in which it is located or, in the relating to assessments. Delivery of the notice may be made by case of a location in a public right-of-way, by the height personal service thereof or by registered mail to the last known regulation of the adjacent zoning district. In no case, however, address of the owner or lessee. shall a pole sign exceed forty (40) feet in B. Except as otherwise provided in this chapter, any sign which height. for a period of three (3) years has not been repainted or § 387-4. Prohibitions; nonapplicability to city. reposted and on which the message has been removed or is A. Prohibitions. totally or partially illegible (1) It is hereby declared to be unlawful for a person, or absent or which pertains to a time, event or purpose which firm or corporation or his or its agents or employees to attach, no pen-nit or cause to be attached to a lamp or electric lightpost or longer applies shall be deemed to have been abandoned. An to a telegraph, telephone or other pole or to a hydrant or box abandoned sign is prohibited by this chapter, and such sign covering the same or to a structure or building fronting upon a and its structure shall be removed by the owner of the premises street, avenue, lane, alley or public place in the city bills, if not by posters, notices, letters, pictures or characters of any kind for the owner of the sign. Failure to remove an abandoned sign commercial or noncommercial advertising purposes. and sign structure, as described above, shall be a violation of (2) It is also hereby declared to be unlawful to attach this chapter. If the owner or lessee shall refuse or neglect to bills, posters, notices, letters, pictures or characters of any kind remove the sign and sign structure within three (3) months for advertising purposes upon a structure of a building after delivery of a notice from the adjoining a public street, avenue, lane, alley or public place in Commissioner of Inspections and Licenses Commissioner the city except by licensed bills, posters or sign erectors as of Permit and Inspection Services, the Commissioner may provided by ordinance, and by them only in such manner that cause the sign and sign structure to be removed, and the they shall not be detached and scattered upon such street, expense thereof avenue, lane, alley or public place; provided, however, that the shall be assessed against the owner of the property on which owner or occupant of a building shall be permitted to attach the sign is located in accordance with the provisions of the securely to such building a sign advertising the business Charter of the city relating to assessments. Delivery of the carried on therein, subject to the provisions of this chapter. notice may (3) Signs within a public right-of-way shall be be made by personal service thereof or by registered mail to the permitted only when necessary, appropriate or if serving the last known address of the owner. public interest. When a permit is sought for a sign within a § 387-8. Permit required; exceptions. public right-of-way as provided in this chapter, it shall be A. Except as otherwise provided in this chapter, no sign shall accompanied by an explanation of why the sign cannot be hereafter be erected, altered, repaired or used within the city placed on private property. Nonaccessory signs shall not be unless a permit is obtained from the Commissioner of permitted in a public right-of-way. Inspections and Licenses Commissioner of Permit and (4) No sign shall be maintained at any location Inspection Services. Such permit shall be where, by reason of its position, size, shape or color, it may Issued to a person, firm or corporation who or which has obstruct, impair, obscure or be confused with any traffic control secured a license to transact within the city the business of sign, signal or device or where it may interfere with, mislead or erecting, repairing, altering or removing signs or to a person, confuse vehicular or pedestrian traffic. firm or B. The provisions of this section shall not apply to the City of corporation owning or occupying under a lease agreement the Buffalo or its agents. property or premises upon which such sign is to be located or § 387-5. Extension over Delaware Avenue. to a person, fin-n or corporation who or which has procured a It shall be unlawful for a person, firm or corporation to place, projecting sign license in accordance with the provisions of this erect or maintain a sign extending over the exterior street lines chapter, provided that a of Delaware Avenue between Niagara Square and Gates projecting sign shall only advertise or display the name of the Circle, and no license therefor shall be granted. owner, the street address of the premises to which the sign is § 387-6. Signs near public monument. attached and the nature of the business which such owner is Notwithstanding any other provision of the Code, no sign or conducting on said premises; and provided, further, that there advertising matter of any description, other than a sign shall not be displayed or advertised on such sign either a regulating street traffic, shall hereafter be erected or placed on business or a business address of a business which may be parkland or a public place dedicated for monument purposes conducted by the sign owner on premises other than those to and upon which a public monument has been erected. which the sign is attached; and provided, further, that, in the § 387-7. Repair and removal. case of a permit issued to a person, firm or corporation A. Should a sign or a part thereof authorized by this chapter or engaged in the business of erecting, repairing, altering or which extends over a public highway become in danger of removing signs, the applicant therefor shall show that he has falling or otherwise become so unsafe as to endanger the the consent of public or become an obstruction in a public highway in the the owner of the premises affected to erect, alter, repair or bond in the sum of five thousand dollars ($5,000.) protecting remove such sip. Application for the permit shall be made on the city against any and all loss and damage, claims, liens, forms provided by the Department of Inspections and proceedings and actions by reason of the attachment of a Licenses Department of Permit and Inspection Services. valance or drape to each such porte cochere or canopy. Said B. The requirement of a permit shall not apply to a sign not bond shall be approved as to form by the Corporation Counsel more than two (2) feet in height and extending not more than and as to sufficiency by the Comptroller. The bond herein eighteen (18) inches over the exterior street line or over a show required for a valance or drape on a porte cochere or canopy window or door of a store or business establishment showing, and the bond required pursuant to Chapter 413, § 413-56 of without display or elaboration, only the name of the proprietor the Code may be combined into a single bond herein. and the nature of his business; nor to a nonilluminated § 387-10. Application for license for extension over street, professional sign not exceeding one (1) square foot in area; nor sidewalk or other public place. to a sign having not more than A. Before a license as above required shall be issued, the ten (10) square feet of display surface on a public building and person, firm or corporation desiring to maintain a sign on bearing the name and the nature of the occupancy and premises within the city shall file with the Commissioner of information as to the conditions of use or admission; nor to a Inspections and Licenses Commissioner of Permit and wall or ground sign advertising the sale or rental of the Inspection Services. a written application premises upon which it is maintained; nor to a valance as therefor, stating the details as to the kind and character of the provided by § 387-9 of this chapter; nor to a sign erected or to sign proposed to be erected or maintained, the actual area in be erected by the city for a street, traffic, park or other public square feet of the exterior surface of such sign, the place purpose. where and C. The prohibitions herein contained referring to advertising the manner in which it is proposed to erect such sign and such and the display of the name, address and nature of the other details as the Commissioner of Inspections and business of the owner or occupant of premises whereon a Licenses Commissioner of Permit and Inspection Services projecting sign isattached shall not apply to a wall sign using shall require. The illuminated figures and letters, provided that application, in the case of the owner or occupant of premises said sign shall not exceed eighteen (18) inches in projection who proposes to erect a sign advertising the business of the from the building to which it is attached and shall not exceed owner or occupant, shall be signed by the owner or occupant or eighteen (18) inches in projection over any street line and shall his authorized agent and, in the case of a person, firm or not corporation engaged in the business of erecting, altering, exceed five (5) feet in height and shall not exceed four hundred repairing or removing signs, by said person, firm or corporation fifty (450) square feet in total area, and further provided that or his or its said sign is used principally for displaying items of news and authorized agent. information of general public interest and is used for displaying B. Each application for a license to maintain a roof, wall or advertising material in a minor degree. Such advertising projecting sign shall be referred to the Commissioner of Public material need not be restricted to the business of the owner or Works for approval. The Commissioner of Public Works shall occupant of the premises whereon said sign is attached, give attention to the size, weight and structural safety of the provided that such advertising material is not displayed upon proposed sign, its location upon the building to which it is to be said sign for a total period of over ten (10) minutes in any attached, its height above the sidewalk and the extent, if any, to period of one (1) hour of use and operation, and provided that which the sign will interfere with other signs previously erected. no continuous presentation of advertising shall exceed ten (10) If the application is approved by the Commissioner of Public minutes in duration and that any period of advertising shall be Works, he shall stamp thereon the amount of the fee followed by a news presentation of at least similar duration. prescribed by § 387-9. License and bond for extension over street, sidewalk this chapter for such sign and then transmit the application, or other public place. with his approval, to the Commissioner of Inspections and In addition to the permit above required, no owner or Licenses Commissioner of Permit and Inspection Services, occupant of premises within the city shall maintain over the who, upon payment of the fee, shall issue the license. sidewalk in front of such premises or over the exterior line of § 387-11. Referral and maintenance of license information. the street, avenue, lane, alley or public place on which such A license issued by the Commissioner of lnspections and premises is located any roof, wall or projecting sign for Licenses Commissioner of Permit and Inspection Services displaying the name or the trademark of a person, firm or pursuant to the provisions of this chapter shall not be deemed corporation for advertising purposes or otherwise giving notice to authorize the maintenance of a sign contrary to the of a business or occupation without first obtaining a license and conditions stated in the application and approved by the paying the fee therefor as hereinafter provided; provided, Commissioner of Public Works. A duplicate of each license however, that a sign projecting not more than eighteen (18) issued by the Commissioner of Inspections and Licenses inches into the street over the exterior street line and which is Commissioner of Permit and Inspection Services pursuant to not more than two (2) feet in height may be erected and the provisions of this chapter shall be furnished to the maintained without obtaining a license therefor; subject, Commissioner of Public Works for filing in his office. Licenses however, to the control of the Commissioner of Inspections issued hereunder shall be numbered consecutively, and each and Licenses Commissioner of Permit and Inspection license shall describe briefly the kind and the character of the Services and the further orders of the Common Council; and sign authorized to be maintained, the place where it is to be provided, further, that a porte cochere or canopy lawfully erected or maintained, the name of the applicant, the amount of maintained in accordance with the provisions of Chapter 413, § the fee which has been paid and the dates of issuance and 413-56, may have attached thereto, without obtaining a license expiration of the license. therefor, a hanging valance or drape made from silk or other § 387-12. Fees; limitation on area; prorating of payment; similar light, pliable fabric not exceeding three (3) feet in depth, revocation of license. no part of which, in any event, shall be less than eight (8) feet A. Each license issued pursuant to the provisions of this above the street, sidewalk or ground level at the lowest point chapter shall expire on the 30th day of June biennially, and the thereof, upon the express condition that, prior to the installation license fee for the erection or maintenance of a projecting sign of such valance or drape, there is filed with the Comptroller a shall be as provided in Chapter 175, Fees. [Amended bond or policy shall be approved as to form by the Corporation 5-22-1995, effective 6-2-1995] Counsel and as to sufficiency by the Comptroller. B. No projecting sign exceeding forty (40) square feet in area, § 387-15. Limitation on extension into street; temporary signs. other than a projecting illuminated sign, shall be constructed or No sign within the city shall extend over the exterior street maintained within the City of Buffalo, except as specifically line beyond the curb; nor shall a sign be erected having a authorized by resolution of the Common Council in accordance greater dimension than twelve (12) feet in a direction at right with the provisions angles to the wall of a building; nor shall a sign be erected so of this chapter. The "area of a sign," for the purpose of this that the same extends more than eight (8) feet into the street section, shall be construed as being one-half (1/2) of the total beyond the exterior street line; provided, however, that exterior surface of the sign, computed in square feet. temporary signs, nonilluminated except by reflected light of C. A license for less than one (1) year may be issued upon street or building illumination, such as banners or so-called payment in each case a fee bearing the same proportion of the "swinging pictorial displays," etc., shall be permitted to be amount of the annual fee for such license as the period of time erected over and across a portion of a street or public highway, intervening between the date of such issuance and the 30th except in the area bounded by Exchange Street, the Terrace, day of June thereafter bears to two (2) years, provided that no Elmwood Avenue, Tupper Street and Washington Street, with fee shall be accepted for less than six (6) months. A fraction of the consent of the Common Council, the approval of the a six-month period shall be counted as six (6) months. Commissioner of Inspections and Licenses Commissioner [Amended 5-22-1995, effective 6-2-1995] of Permit and Inspection Services and upon the filing by the D. A license issued hereunder may be revoked by the permittee with the Comptroller of a bond or policy of liability Commissioner of Inspections and Licenses Commissioner insurance protecting the city against loss and damage, claims, of Permit and Inspection Services in the manner provided by liens, proceedings and actions insofar as may be applicable, as law. provided in Chapter 413, § 413-9, of the Code. Said bond or § 387-13. Continuance of existing license. policy shall be approved as to form by the Corporation Counsel A license governing a sign, signboard or billboard which has and as to sufficiency by the Comptroller. Such bond shall be in been duly issued prior to the time this chapter becomes the sum of ten thousand dollars ($ 10,000.), and such policy of effective shall continue in effect until the date of its expiration. liability insurance shall protect the city against loss in the sum Thereafter, the construction, alteration and maintenance of a of fifty thousand dollars ($50,000.) for property damage and not sign as herein defined shall be governed by the provisions of less than one hundred thousand dollars ($100,000.) for injury this chapter. to one (1) person or two hundred thousand dollars ($200,000.) § 387-14. Erection, repair, alteration or removal businesses. for injuries to more than one (1) person. If such temporary A. No person, firm or corporation shall engage within the city in banner or sign is to be attached to a building on a structure on the business of erecting, repairing, altering or removing signs premises adjacent to the public highway over which such as defined in this chapter unless a license for such purpose is temporary banner or sign is to be erected, the consent of the obtained from the Director of Housing and Inspections owner of such building or structure shall be obtained before the Commissioner of Permit and Inspections Services and a bond erection of the banner or sign is commenced. or policy of liability insurance as provided in Subsection B of § 387-16. Roof signs. this section has been filed with the Comptroller. Said bond or A. A roof sign exceeding fifteen (15) feet in height above the policy shall be approved as to form by the roof level and a roof sign on a building or a structure over two Corporation Counsel and as to sufficiency by the Comptroller. (2) stories or thirty-five (35) feet in height shall be constructed Written application for such license shall be made to the of noncombustible material, except that lattice under the sign, Director of Housing and Inspections Commissioner of Permit moldings and cappings may be wood. A sign erected upon or and Inspection Services on forms provided by the Director above the roof of a building shall be supported by framework of Commissioner and shall be signed by the person, firm or structural steel. corporation making such application or his or its authorized B. A roof sign shall be so constructed and located as not to agent. Such license shall expire every two (2) years on the 30th interfere with access to any or all parts of the roof or to any day of June, and the fee therefor shall be as provided scuttle or fire escape. in Chapter 175, Fees. C. A roof sign with tight, closed or solid sign surface shall not B. Before a license to engage in the business of erecting, be more than twenty-five (25) feet high above the roof level, altering, repairing or removing signs in the city is granted, the except that a sign having twenty-five (25) feet of closed or solid applicant therefor shall file with the Comptroller a bond in the sign may have open letters, with an area not exceeding sixty sum of ten thousand dollars percent (60%) solid, extending not to exceed twelve (12) feet ($10,000.), protecting the city against loss and damage, claims, above the closed sign. In lieu of the above, a sign made up of liens, several closed or solid signs of an aggregate total not proceedings and actions by reason of signs being erected, exceeding twenty-five (25) feet in height, one repaired, altered, maintained or removed within the city by the above the other, with open space between, having an overall applicant. In lieu of such bond, the applicant may file with the aggregate height not exceeding thirty-seven (37) feet, may be Comptroller a policy of liability insurance, or evidence thereof, used, provided that the total overturning movement due to wind covering the license period and shall not exceed that of the combined twenty-five-foot closed naming the City of Buffalo as an insured, protecting the city sign and the twelve-foot open sign above described. A roof sign against loss or damage by reason of signs being erected, not having closed or solid sign surface shall be not more than repaired, altered, maintained or removed by the applicant, and fifty (50) feet high above the roof level, provided that, when indemnifying erected on buildings of fireproof construction, such sign shall the city against loss from property damage claims in the sum of be not more than seventy-five (75) feet high above the roof fifty thousand dollars ($50,000.) for each accident and against level. Not more than thirty-five percent (35%) of the area to the loss from claims for personal injuries to the sum of one edges of the structural framing of such sign over twenty-five hundred thousand dollars ($100,000.) for injury to one (1) (25) feet in height shall be covered and exposed to wind person and two hundred thousand dollars ($200,000.) for pressure. injuries to more than one (1) person for each accident. Said D. Adequate provision shall be made for grounding metallic parts of a roof sign exposed to lightning. § 387-17. Placement of wall signs. billboard, ground sign or pole sign being erected or maintained. A sign placed against the exterior wall of a building parallel Said bond or policy shall be approved as to form by the or approximately parallel therewith shall not extend more than Corporation Counsel and as to sufficiency by the Comptroller. eighteen (18) inches outside the wall surface. Such sign, § 387-22. Tenants of city. except a temporary sign mentioned in § 387-15 of this chapter, The tenant on land owned by the city shall not erect thereon shall not exceed forty (40) square feet in area unless made of a billboard or ground sign except with the consent of the noncombustible material, except that moldings and cappings Common Council, upon recommendation of the Commissioner may in all cases be of wood. Such sign shall not extend beyond of Public Works, and the Common Council may attach to its the end of the wall surface on which it is placed, and not over consent such conditions as it may deem appropriate for the twenty-five percent (25%) of the depth of such sign shall best interests of the city, including the payment of a reasonable extend above the top of the wall. A clear space of not less than fee for such privilege. Lease agreements shall contain a eight (8) feet shall be provided below all parts of such sign. ninety-day cancellation clause which can be exercised by the § 387-18. Illuminated signs. city in the event that the land is sold or developed. A. Any sign illuminated by electricity or equipped in any way § 387-23. Height, setback, grounds and construction with electrical devices or appliances shall conform, with respect specifications for billboard, ground sign or pole sign. to wiring and appliances, to the requirements of Chapter 165, A. No billboard or ground sign shall be constructed, altered or Article II. An illuminated sign bearing the label of the repaired so as to exceed fifteen (15) feet in height above the Underwriters' Laboratories of surface of the ground, except that open letters, with an area not Chicago, Illinois, may be accepted as a standard of approval, exceeding sixty-percent solid sign, may extend not to exceed subject to the approval of the Commissioner of Inspections eighteen (18) feet above the surface of the ground. An open and Licenses Commissioner of Permit and Inspection space not less than two (2) feet high shall be maintained Services and between the bottom of such sign and the ground, provided that to the provisions of this chapter. necessary supports extending through such B. Any illuminated sign shall employ only lights emitting a light space and the filling of such space with lattice or slats which of constant intensity and shall not be illuminated by or contain leave at least fifty percent (50%) of such space open shall not any flashing, intermittent, rotating or moving light. Subject be prohibited. to the approval of the Commissioner of Inspections and B. No billboard or ground sign shall hereafter be constructed, Licenses Commissioner of Permit and Inspection Services, altered, repaired or located in such manner as to approach however, signs conveying time, temperature, stock market nearer than eighteen (18) inches to a building or to a lot line nor quotations or nearer than twenty-five (25) feet to any residential district or any other information of a nonadvertising nature may be exempt building used for residential purposes nor nearer than one from this restriction. hundred (100) feet to another billboard, ground or pole sign nor § 387-19. Application for billboard, ground sign or pole sign nearer than eighteen (18) inches to the street line and in no permit. case nearer to the street line than an adjacent building. A. A person, firm or corporation desiring to construct, alter, C. No pole sign shall be constructed, altered or repaired so as repair, remove or change the location of a billboard, ground to exceed the height permitted by the Zoning Ordinance or forty sign or pole sign within the city shall file with the (40) feet in any case. The area of such sign shall not exceed Commissioner of Inspections and Licenses Commissioner the area permitted by the Zoning Ordinance. The bottom of of Permit and Inspection Services an application, in writing, for such sign shall provide a minimum clearance of twelve (12) permission to do so, setting forth the name and post office feet above the ground. address of the owner of the billboard, ground sign or pole sign, D. No pole sign shall hereafter be constructed, altered, repaired which application shall be accompanied by a plan or located in such a manner to approach nearer than eighteen showing the dimensions, location, plan of construction and the (18) inches to a building or to a lot line; nor shall a pole sign materials to be used in the construction of the proposed approach nearer than fifty (50) feet to any residential district or billboard, ground sign or pole sign or the nature of the any building used for residential purposes nor nearer than one proposed hundred (100) feet to another pole sign nor nearer than erection, repair, alteration or removal. eighteen B. Such application, when complete, shall be forwarded by the (18) inches to the street line and in no case nearer to the street Commissioner of Inspections and Licenses Commissioner line than any adjacent building. of Permit and Inspection Services to the Common Council for E. The grounds upon which any billboard, ground sign or pole its sign is constructed shall be well-maintained. review and approval. F. A billboard or ground sign having a total area of more than § 387-20. Issuance of billboard, ground sign or pole sign twenty-five (25) square feet shall be constructed of galvanized permit. iron facing or other incombustible material, and the posts, Upon the approval of the Common Council of said framework, braces and anchors supporting the same shall be application and upon payment to the Commissioner of of good and sound material and of a character approved by the Inspections and Licenses Commissioner of Permit and Commissioner of Inspections and Licenses Commissioner Inspection Services of a permit fee as provided in Chapter 175, of Permit and Inspection Services. Fees, the Commissioner shall issue to the applicant a permit § 387-24. Area for attachment to streetlighting standards. for the construction, alteration, repair or removal or for the Move entire section to 511-104.6 change of location of the billboard, ground sign or pole sign A. The total permissible sign area allowed when signs are therein described. attached to streetlighting standards by two (2) clamping bands § 3 87-21. Bond for billboard, ground sign or pole sign. shall be as follows: In addition to the aforesaid permit and before issuance (1) Twenty-five-foot standards: thereof, a person, fin-n or corporation desiring to erect or (a) From ground to height of eleven and maintain a billboard, ground sign or pole sign upon the five-tenths (11. 5) feet: fifteen (15) square feet. premises owned by such person, firm or corporation shall file a (b) From height of eleven and five-tenths bond in the penal sum of five thousand dollars ($5,000.) (11.5) feet to nineteen and five-tenths (19.5) feet: protecting the city against loss or damage by reason of such two and twenty-five hundredths (2.2 5) square feet. (2) Thirty-foot standards: circumstances. The Common Council of the City of Buffalo (a) From ground to height of fourteen asserts (14) feet: fifteen (15) square feet. that such restrictions, although permitting some signs, will (b) From height of fourteen (14) feet to further its professed concerns for traffic safety and visual twenty-four and five-tenths (24.5) feet: two and aesthetics by greatly diminishing the number of signs on twenty-five hundredths (2.25) square feet. display at any given time. B. If signs are attached by bolting or welding to standards, the § 387-28. General regulations. total permissible area of signs in Subsection A(l) and (2) shall A. The maximum area of any portable sign in the public be reduced fifty percent (50%). night-of-way shall not exceed four by six (4 x 6) feet, and the C. The same total permissible areas shall apply to decorations maximum area of any portable sign on private property shall not when same have been authorized by the Common Council. exceed four by eight (4 x 8) feet. § 387-25. Public property. The height of any portable sign, measured from the ground to No person shall place, attach or maintain any sign of any the uppermost portion of the framework, shall not exceed six nature on any property belonging to the City of Buffalo without (6) feet. In all cases, however, the area of the sign, together first obtaining the consent of the City of Buffalo in the form of a with the area of all other signs on the premises, shall not permit, lease, contract, specific authorizing resolution of the exceed the Common Council or as otherwise provided in this chapter. aggregate sign area permitted in the zoning district in which it § 387-26. Penalties for offenses. is located. The "area" shall mean the gross surface area within A person, firm or corporation violating any of the provisions a single continuous perimeter enclosing the extreme limits of a of this chapter shall be liable to a fine or penalty of not more sign than two hundred fifty dollars ($250.) for each offense; and and in no case passing through or between any adjacent each day during which a sign shall be maintained contrary to elements of the same; said perimeters shall include all the provisions of this chapter shall be deemed a separate structural or framing elements lying outside the limits of the offense. sign and forming an ARTICLE II, Portable Signs integral part of the display. § 387-27. Legislative intent. B. No portable sign shall obstruct means of public access or A. The Common Council of the City of Buffalo finds that the egress. public health, safety and welfare of the citizens of the city are C. Portable signs shall be serviced and maintained whereby served by regulations pertaining to the use of public places. they will not constitute an eyesore or hazard to passersby. Said Streets and sidewalks are such places, and the public has the service/maintenance shall be the responsibility of the owner right to the free use of streets and sidewalks which are not only and/or the lessee of the sign. free from physical obstructions but which also appear D. Portable sign permits must be displayed in a conspicuous aesthetically location for the duration of the time period for which the sign pleasing. To that end, the Common Council of the City of has been authorized. Buffalo finds that the aforementioned interests in visual § 387-29. Illuminated signs. aesthetics and traffic safety present legitimate and compelling A. The use of an illuminated sign in any residential district is governmental prohibited. concerns and mandates legislation banning visual clutter and B. Unless prohibited by zoning regulations, illuminated portable physical obstructions from city streets and sidewalks. signs may be permitted in commercial or industrial zoning B. The Common Council of the City of Buffalo farther finds that districts, provided that they comply with all other provisions of portable signs pose a threat to the above-mentioned interests in this chapter, including but not limited to § 387-18. many parts of the city. Many such signs, by virtue of their § 387-30. Use of private property. placement, encroachment on the city right-of-way and Portable signs may be permitted on private property under constitute dangerous hazards to pedestrians. Many signs, by the following conditions and provided that there is compliance virtue of flashing lights, pose a danger to passing motorists and with all other provisions of this chapter: cyclists due to their A. Application for a portable sign permit shall be made with the resemblance to traffic control devices. Finally, all such signs Commissioner of Inspections and Licenses Commissioner contribute to the increasing visual clutter which has of Permit and Inspection Services on forms provided by the increasingly characterized many major thoroughfares in the city Department of Inspections and Licenses Department of and constitute eyesores which diminish the quality and Permit and Inspection Services. The applicant shall provide a appearance of each citizen's one-fourth-inch-scale plot plan reflecting the size and location environment. of the sign. C. The Common Council of the City of Buffalo also recognizes, B. Upon approval of said application, a portable sign permit however, that the proliferation of portable signs which has may be issued for up to sixty (60) days during the calendar year created the concerns previously mentioned has as its cause in which said pen-nit is issued, provided that there is no strong economic factors. Whether or not such signs are encroachment on the public right-of-way as verified by the unattractive does not alter the fact that to many merchants the Commissioner of Public Works, there signs fulfill an important business need. The Common Council is no violation of zoning restrictions and, if the sign is to be of the City of Buffalo takes particular note of the businessmen illuminated, an electrical permit has also been secured from the who thrive on certain special events Commissioner of Inspections and Licenses Commissioner during the year and require a sign for that limited time and of Permit and Inspection Services. purpose and as to whom a total ban would be harsh. § 3 87-3 1. Use of public right-of-way. D. Therefore, the Common Council of the City of Buffalo No portable sign nor a portion thereof may encroach upon proposes to regulate the use of portable signs on public and the public right-of-way without approval of said encroachment private property in such a way as to minimize the deleterious by the Commissioner of Public Works and approval of use by effects the Common Council and without compliance with the following of said signs while at the same time allowing businesses to conditions and with all other provisions of this chapter: stay competitive by advertising for a limited time in well-defined A. Application for a portable sign permit shall be made by the That Chapter 437 of the Code of the City of Buffalo owner of the sign with the Commissioner of Inspections and be amended to read as follows: Licenses Commissioner of Permit and Inspection Services on § 437-1. Findings and limitation on number of taxicab licenses. forms provided by the Department of Inspections and A. It is hereby found and declared that the taxicab business in Licenses the City of Buffalo provides an important part of the Department of Permit and Inspection Services. The applicant transportation facilities of said city and the service rendered by shall provide a one-fourth-inch- scale plot plan reflecting the said business is a matter of public concern and interest. size and location of the sign. B. A study and survey of the business points to the conclusion B. As verified by the Commissioner of Public Works, Parks that the public cannot properly be served and the business and Streets, there must be at least eight (8) feet of clearance itself cannot operate in an orderly and appropriate manner between any portion of the sign and the curb which the sign without regulation of the business and the limitation by the city faces of the number of taxicabs using and at least fifty (50) feet of clearance between any portion of the streets. the sign and the curb of any intersecting streets. The sign C. Taxicabs now in use and licensed are operated principally cannot be affixed to the ground in any manner. by fleet owners and by owners of single or comparatively few C. Upon approval of the encroachment by the Commissioner of taxicabs. To preserve an equitable ratio of taxicabs operated by Public Works, the Commissioner of Inspections and the two (2) classes of owners and to prevent a monopoly of the Licenses Commissioner of Permit and Inspection Services business by a limited number of shall owners, the number of licenses which may be issued is hereby refer the application to the Common Council for approval of fixed as follows: use. (1) To fleet operators: two hundred twelve (212). D. Upon approval by the Common Council, the Commissioner (2) To individual operators: one hundred sixty-three of Inspections and Licenses Commissioner of Permit and (163). Inspection Services may issue a portable sign permit for up to D. If a fleet operator sells any of his licensed taxicabs to an thirty (30) days during the calendar year in which said permit is individual operator, the number of licensed taxicabs assigned issued, provided that the applicant provides a surety company hereinbefore to fleet operators shall be deemed reduced bond holding the city harmless against loss and damage, accordingly claims, liens, proceedings and actions arising out of the and the number of licensed taxicabs hereinbefore assigned to maintenance or use of said sign for the individual operators shall be increased accordingly. However, duration of the time period in which the sign will encroach upon no such sale shall be permitted unless such sale is the public right-of-way. recommended by the [Commissioner of Inspections and E. If the portable sign is to be illuminated, the petitioner must Licenses] Commissioner of Permit and Inspection Services also secure an electrical permit from the Commissioner of and approved by the Common Council. Inspections and Licenses Commissioner of Permit and § 437-2. Findings and limitation on number of livery licenses. Inspection Services in accordance with the provisions outlined A. It is hereby found and declared that the livery business in the in §§ 387-18 and 387-28 of this chapter. City of Buffalo provides an important part of the transportation F. The Commissioner of Public Works, Parks and Streets shall facilities of said city and the service rendered by said business cause the removal of portable signs encroaching upon the is a matter of public concern and interest. public right-of-way which are in violation of any provision of B. Months of discussions, public hearings and investigation applicable ordinances. The Commissioner of Public Works, lead to the conclusion that the operation of liveries must be Parks and Streets may assess the regulated to protect the interests of the public. To enable both Owner of the property on which the sign is located for the cost livery of said removal and/or storage. and taxicab businesses to operate in an orderly manner, there G. In lieu of a thirty-day permit as permitted under Subsection must be a limitation by the city of the number of livery cars D herein, the Commissioner of Public Works, Parks and using the city streets. The number of livery licenses in effect at Streets may recommend for Common Council approval an any one application to place a portable sign in the city night-of-way for a (1) time shall not exceed three hundred fifty (350). period of up to one (1) year. All applications for said C. Liveries are principally owned by fleet owners and by owners encroachment must comply with all requirements of this of single or comparatively few livery cars. To maintain an chapter and with any other requirements for the placing of equitable ratio of liveries operated by the two (2) classes of encroachments in the public right-of-way. Upon owners and to prevent a approval by the Common Council, an applicant shall pay a monopoly of the business by a limited number of owners, the license fee in the amount as provided in Chapter 175, Fees, number of licenses which may be issued is hereby fixed as said fee to be nonrefundable and which shall cover the cost of follows: inspection (1) To fleet operators: two hundred (200). and license issuance. (2) To individual operators: one hundred fifty (150). APPROVED AS TO FORM D. If a fleet operator sells any of his licensed liveries to an Michael B. Risman individual operator, the number of licensed liveries assigned Corporation Counsel hereinbefore to fleet operators shall be deemed reduced NOTE: Matter in bold to be deleted; matter underlined is new. accordingly REFERRED TO THE COMMITTEE ON LEGISLATION. and the number of licensed liveries hereinbefore assigned to individual operators shall be increased accordingly. However, NO. 147 no such sale shall be permitted unless such sale is BY: MR. FONTANA recommended by the [Commissioner of Inspections and RE: ORDINANCE AMENDMENT Licenses] Commissioner of Permit and CHAPTER 437 - TAXICABS AND LIVERIES Inspection Services and approved by the Common Council. § 437-3. Definitions. The Common Council of the City of Buffalo does As used in this chapter, the following terms shall have the hereby ordain as follows: meanings indicated: COMMISSIONER -- The Commissioner of Police of the City operates through a dispatcher and, if so, the identification of of Buffalo. said [DIRECTOR -- The Director of Licenses and Permits of said dispatcher service. The [Director of Licenses and Permits] city.] Commissioner of Permit and Inspection Services may require DISPATCHER -- An individual or individuals who operate such further information as he deems necessary. pursuant to federal law governing communications on two-way B. The [Director of Licenses and Permits] Commissioner of radios and dispatch various liveries and/or taxicabs to locations Permit and Inspection Services shall cause the motor vehicle pursuant to requests by potential passengers. described in the application to be inspected and the taximeter DRIVER -- A person licensed to drive a taxicab or livery in the attached thereto to be tested. If the motor vehicle is found to be City of Buffalo. clean and in proper condition for the safe transportation of FLEET OPERATOR -- A person, firm or corporation owning passengers and the taximeter attached thereto, upon test, is and operating five (5) or more taxicabs or liveries. found to register correctly, the [Director of Licenses and INDIVIDUAL OPERATOR -- A person, firm or corporation Permits] Commissioner of Permit and Inspection owning and operating fewer than five (5) taxicabs or liveries. Services shall issue a license for such vehicle, and the LIVERY -- A passenger automobile with an interior seating taximeter attached thereto shall be sealed. capacity for seven (7) or fewer passengers which transports The owner of any licensed taxicab or livery shall securely affix fares for hire. However, a livery service shall not secure to such licensed taxicab or livery on the outside thereof at the business by cruising the streets or by soliciting fares in public rear of the vehicle, in a conspicuous place, a metal plate, places. A "livery" may have the word "livery" and the name of showing the number assigned to such taxicab or livery. The the owner or company on the vehicle. A "livery" shall not, licensing of such vehicle should be subject, however, to the however, have placed upon it a dome light or other lights following conditions: located on the roof of the vehicle or the words "taxi," "taxicab" (1) If it shall appear that the color design stated in or words of similar import or any other distinctive or unusual the application for the license of any taxicab or livery, if said equipment, device, design, color, numbers or lettering liable to taxicab or livery is of more than one color, or if it appears at any deceive the public that such a vehicle is a taxicab. time, upon inspection of any taxicab or livery, that the color OWNER -- Includes any person, firm, corporation or design thereof is so similar to the color design of other taxicabs association owning and operating one (1) or more taxicabs or or liveries as to be liable to deceive the public, then the liveries. [Director of Licenses and Permits] Commissioner of Permit and OWNER DRIVER -- A person who owns a taxicab or livery Inspection Services is authorized to withhold a license to said and drives his own vehicle exclusively. applicant or to revoke or suspend the license thereof until the PERSON -- Includes individuals, firms and corporations. color design of said taxicab or livery has been changed or TAXICAB -- A passenger automobile with a seating capacity altered so as not to resemble the color design of any other in the interior thereof for seven (7) or fewer passengers, taxicab or livery operated under separate ownership and so as operated for the purpose of transporting persons for hire from not to deceive the public. Any applicant for a license for a points of origin within the City of Buffalo which either: cruises taxicab or livery of more than one color shall be entitled to use the streets of the City of Buffalo for the purpose of securing the color design thereof, provided that such applicant passengers; or receives calls from individuals or from establishes to the satisfaction of the [Director of Licenses and dispatchers for the purpose of transporting passengers for hire; Permits] Commissioner of Permit and Inspection Services that or is parked in a space as provided for in § 437-19 of this such applicant was using said color design upon his taxicab or chapter. livery at the time of the enactment of this chapter and was the TAXIMETER -- A mechanical instrument or device by which first to continuously use said design in the City of Buffalo or, in the charge for hire of a taxicab or livery may be mechanically case of a new design, that the same is not being used by any calculated either for the distance traveled or waiting time, or taxicab or livery owner. After being licensed, no color design of both, and upon which such charge is indicated by means of any taxicab or livery shall be changed without the written figures. approval of the [Director of Licenses and Permits] § 437-4. License required. Commissioner of Permit and Inspection Services. No person shall use any motor vehicle in the conduct of a (2) An owner who drives his own cab or livery taxicab or livery business unless a license therefor issued by exclusively may place the words "owner driver" on the outside the [Director of Licenses and Permits] Commissioner of Permit of the front doors thereof immediately below the windows in and Inspection Services is in full force and effect. letters contrasting strongly with the color of the vehicle, not less § 437-5. Taximeter required. than two inches high. However, taxicabs or liveries so marked No taxicab or livery shall be licensed unless the same is must be operated by no one other than the licensed owner, equipped with a taximeter of approved design and in good under penalty of having the license suspended or revoked. working order. (3) No person shall drive or operate upon the streets § 437-6. License application and issuance; conditions. of the city any passenger automobile with a seating capacity in A. Application for a taxicab or livery license shall be made to the interior thereof for seven or fewer passengers and the [Director of Licenses and Permits] Commissioner of Permit registered as an omnibus by the State of New York, while such and Inspection Services by the owner, in writing, duly sworn vehicle has a taximeter or unusual or distinctive equipment, to, upon forms to be furnished by [said Director] the device, design, color, numbers or lettering liable to deceive the Commissioner of Permit and Inspection Service , and shall public that such vehicle is a licensed taxicab or livery as above show the owner's name and address, the motor number and provided, unless such vehicle is duly licensed under this make of the vehicle, the year manufactured, the New York section. A livery shall not have a dome light or other lights State license number attached thereto, the size of the tires located on the roof of the vehicle or the words "taxi," "taxicab" used and the make, type and number or other descriptive or words of similar import on the vehicle. designation of the taximeter, together with an accurate and (4) The mileage rates fixed by this chapter shall be complete statement of the color of said taxicab or livery and, if displayed on each taxicab and livery so as to be readily visible more than one color, a description of the color design thereof. to passengers entering the vehicle. The rates shall be painted An application for a livery license shall indicate if said vehicle in a contrasting color on both rear doors of all licensed taxicabs and liveries in letters and figures which shall be not less than Commissioner of Permit and Inspection Services, a license in 3/8 of an inch in height. place thereof may be issued only to an individual operator (5) A taxicab or livery may have illuminated whose total taxicab or livery licenses will not be increased to advertising billboards, placards or similar devices, no larger more than than 18 inches high by four feet six inches long, attached four (4) thereby or to a new applicant who will be an individual securely to the roof or trunk of the vehicle, not to exceed the operator. length or width of such roof or trunk. The advertising displayed D. In case of the disuse for a taxicab or livery purposes of any upon livery vehicles shall not include the words "taxi" or licensed taxicab or livery, the holder of the license may have the "taxicab" or words of similar import. same transferred to another vehicle with the approval of the C. No person shall be entitled to or receive a license for a [Director of Licenses] Commissioner of Permit and Inspection taxicab or livery by reason of having been previously convicted Services and the payment of a transfer fee as provided in of one or more criminal offenses, or by reason of a finding of Chapter 175, Fees. lack of good moral character when such reason is based upon E. A fleet operator, any of whose taxicab or livery licenses are the fact that the applicant has previously been convicted of one abandoned, surrendered or revoked so that the number of his or more criminal offenses, unless: (a) there is a direct licenses remaining in force are less than five (5) in number, relationship between one or more of the previous criminal shall thereupon become an individual operator. offenses and the personal F. Any person not now holding a taxicab or livery license transportation for hire industry; or (b) the issuance of the desiring to secure a license may annually register his name for license would involve an unreasonable risk to property or to the such purpose with the [Director of Licenses and Permits] safety or welfare of specific individuals or the general public. Commissioner of Permit and Inspection Services upon § 437-7. Partitions. payment of a registration fee as provided The City of Buffalo recognizes the value of partitions placed in Chapter 175, Fees. A taxicab or livery license may be issued between the front and rear seats of taxicabs and liveries for hire to the applicants so registered in the order of registration in and encourages the use of the same. In the event that said place of any license which is abandoned, surrendered or partitions are used within the city, the following rules regarding revoked; and construction, design and placement shall control: in case two (2) or more such persons were registered on the A. Said partition shall be framed totally with metal, which frame same day, such licenses shall be awarded to them by lot; shall be firmly secured to the center post on each side of the provided, however, that the total number of taxicab or livery vehicle so that not more than two (2) inches of space remains licenses between the center post and frame nor more than two (2) held by fleet operators shall not be increased by such award. inches between the frame and the roof. In addition to the G. In case of the sale of a licensed taxicab or livery, the license above, the space between the seat and center post, extending therefor may be transferred to the new owner if he complies from the top of the seat to the floor on the driver's with all ordinance requirements and the number of taxicab or side of the vehicle, is to be covered by a shatterproof livery licenses held by fleet operators is not increased thereby. substance in § 437-9. Driver's license; record of trips; identification on such a fashion as to prevent a passenger from reaching the cards. driver of said taxicab or livery. A. Any person who desires to act as a driver of a taxicab or B. Said partition shall be constructed of an optically clear, livery shall make written application to the [Director of Licenses shatterproof substance and designed in a way which will afford and Permits] Commissioner of Permit and lnspection Services the driver complete rearview vision. for a taxicab or livery driver's license, furnishing in such C. Said partition shall also be so designed so that the driver application the information can collect fares without leaving the vehicle. required by the [Director of Licenses and Permits] D. Said partition shall also be installed so as not to cause any Commissioner of Permit and Inspection Services, including but added reflections. not limited to the person's correct address, phone number and E. All edges or parts of said partition are to be smooth to afford proof of maximum safeguards to passengers. motor vehicle liability insurance coverage currently in effect and § 437-8. Renewal and surrender of license. in the amounts prescribed by New York State for omnibus A. The holder of a taxicab or livery license shall be permitted to vehicles. Any change in the information provided must be renew the same annually, provided that all ordinance provisions reported relating thereto are complied with and the application for such to the [Director of Licenses and Permits] Commissioner of renewal is filed with the [Director of Licenses and Permits] Permit and Inspection Services within ten (10) days after the Commissioner of Permit and Inspection Services not later than change occurs. Any person applying for a taxicab or livery May I of each year. The motor vehicle to be used must be driver's license presented for inspection as provided in § 437-7 of this chapter. must hold a valid chauffeur's license issued by the State of If the application for renewal is New York and must reside within the County of Erie. The not made within said time, the holder will be deemed to have [Director of Licenses and Permits] Commissioner of Permit and abandoned said license, and a license in place thereof may be Inspection Services shall issue to each licensed taxicab or issued to another applicant as hereinafter provided. livery driver a badge showing the number assigned to such B. The holder of a taxicab or livery license may voluntarily driver; and the badge, conspicuously displayed, shall be worn surrender the same to the [Director of Licenses and Permits] by such driver at all times when on duty. Such badge shall Commissioner of Permit and Inspection Services at any time. remain the property of the City of Buffalo and shall be C. If a taxicab or livery license issued to a fleet operator is surrendered upon the expiration or revocation of the driver's abandoned or surrendered by the holder or revoked by the license. [Director of Licenses and Permits] Commissioner of Permit and B. Each driver's license shall provide a space wherein the Inspection Services, a license in place thereof may be issued Department of Police shall enter a record of all accidents of any only to a fleet operator, except as hereinafter provided; and, nature and retain a record thereof. Such record shall be given similarly, if a taxicab or livery license issued to an individual consideration in relation to the renewal, suspension or operator is abandoned or surrendered by the holder or revoked revocation of the driver's license. The by the [Director of Licenses and Permits] erasure or obliteration of any official entry relating to accidents passenger. No taximeter affixed to any taxicab or livery shall be made upon a driver's license shall be sufficient cause for operated from either rear wheel suspension or revocation of such license. of such vehicle. Between sunset and sunrise, the face of every C. It shall be the duty of each driver to keep a record, upon taximeter shall be illuminated by a suitable light so arranged so forms approved by the [Director of Licenses and Permits] as to throw a continuous steady light thereon and render the Commissioner of Permit and Inspection Services, of all trips figures made and to file the same with the owner of the taxicab or on such taximeter readily discernible by any passenger. No livery, and such record shall be preserved for at least sixty (60) person shall use or permit to be used a taximeter on which the days. seal placed by the [Director of Licenses and Permits] D. At the time of the issuance of the driver's license herein Commissioner of provided for, the [Director of Licenses and Permits] Permit and Inspection Services has been broken nor unless its Commissioner of Permit and Inspection Services shall issue to cover and gears are intact. each licensed driver an identification card containing the B. It shall be unlawful to change the size of the front wheels or driver's license number and his name and address and shall tires of a taxicab or livery or the gears operating the taximeter or provide space for a small photograph of said licensed driver. to change said instrument from one vehicle to another without a Said driver shall provide the [Director of Licenses and Permits] reinspection and Commissioner of Permit and Inspection Services approval of the [Director of Licenses and Permits] with two (2) copies of said small photograph, one (1) to be Commissioner of affixed to said identification card. Said identification card shall Permit and Inspection Services. be carried in a suitable frame furnished by the city through the § 437-14. Rates and charges. [Division of Licenses and Permits] Department of Permit and A. No person shall charge a greater sum for the use of a Inspection Services and shall be hung in the passenger taxicab or livery than in accordance with the following rates: compartment in the rear of the taxicab or livery, together with a (1) Hourly rates: $21 per hour for one or more card showing the rates of fare, at all times while said driver is passengers. on duty. Said identification card and (2) Mileage rates: $2.30 for the first 1/6 mile or less; rate card shall be visible to any passenger riding in said $0.35 for each additional 1/6 mile or less; $0.35 for each one vehicle, shall be so placed as to be readable by any passenger minute of waiting time, including time lost in traffic delays. and shall have light shining on the same at night. The kind and Upon producing certification issued by the Mayor's office as to size of senior citizen status, persons shall be entitled to a ten-percent said cards, the writing thereon and the placing and illumination reduction in the amount of the fare. of said cards shall be approved (3) Hand baggage: free. by the [Director of Licenses and Permits] Commissioner of (4) Trunks: $1 each. Permit and Inspection Services. (5) Large boxes: $1 each. § 437-10. Transferability of licenses. B. No additional or extra charge shall be made for carrying No taxicab or livery driver's license shall be assigned from more than one passenger, but all passengers up to the seating one person to another. No taxicab or livery license shall be capacity of the vehicle shall be carried for the same fare as that assigned from one person to another, and no plate attached to above prescribed for one passenger. a taxicab or livery by the [Director of Licenses and Permits] C. Upon demand, the driver of a taxicab or livery shall furnish to Commissioner of Permit and Inspection Services shall be the passenger a receipt for the fare paid, showing the name transferred from one vehicle to another except as otherwise and badge number of the driver. herein permitted. D. All disputes as to the lawful rate of fare shall be determined § 437-11. Revocation and suspension of license. by the police officer in charge of the police station nearest to Any license issued by the [Director of Licenses and Permits] the place where the dispute arises or occurs; and a failure to Commissioner of Permit and Inspection Services may be comply with such determination, revoked or suspended by him for cause. provided that it be in accordance with the rate herein fixed, § 437-12. Fees. shall be a violation of this chapter. A. The fee for a taxicab license and for a taxicab driver's E. The rate charged in the City of Buffalo shall be subject to license, including identification card, shall be as provided in review and renewal by the Common Council after a period of Chapter 175, Fees. The fee for a livery license and for a livery one year from the effective date of such rate change. During driver's license, including identification card, shall be as that one-year period, taxicab and livery service providers shall provided in Chapter 175, Fees. Each work with the Common Council on improving the quality of such license shall expire on the first day of May annually. service in the City of Buffalo. The amount of improvement and B. There shall also be paid to the city at the office of the extent of cooperation by the taxicab and livery service providers [Director of Licenses and Permits] Commissioner of Permit and may be considered in the Inspection Services, upon the issuance of a duplicate decision to renew the rate for an additional period of time. identification F. Effective August 1, 2000, a person may charge a temporary card to replace a lost, stolen, destroyed or misplaced card, the gasoline surcharge of $0.50 on each fare for a period of nine sum as provided in Chapter 175, Fees. months, expiring on April 30, 2001. C. All fees and moneys received by the [Director of Licenses § 437-15. Reduced rates. and Permits] Commissioner of Permit and lnspection Services Any person desiring to charge rates less than the rates shall be transmitted to the office of the [Treasurer] Director of stated in § 437-14 shall be permitted to do so; but before the charging such lesser rates, the schedule to be charged shall Treasury of the city for deposit therein in accordance with be filed with the [Director of Licenses and Permits] regulations established by the Comptroller. Commissioner of Permit and Inspection Services and the § 437-13. Taximeter. Commissioner of Police fifteen (15) days before such rates are A. No person shall use or permit to be used on any taxicab or put into effect, and a copy of such rates shall be prominently livery a taximeter which shall be in such condition as to be more displayed in each vehicle in which such rates are to be than five percent (5%) incorrect to the prejudice of a charged. § 437-16. Excess rates prohibited. No person shall charge for taxicab or livery service rates obstruct traffic by slow driving or dilatory tactics and shall not, higher than the rates permitted by § 437-14; and in case lesser for said purposes, rates are filed with the [Director of Licenses and Permits] frequently drive around substantially the same blocks or area. Commissioner of Permit and Inspection Services and the No taxicab driver shall resort to any practice or manner of Commissioner of Police, any person who charges greater rates driving which unnecessarily will add to or tend to cause traffic than the rates so filed for taxicab or livery service in vehicles to congestion. which such advertised rates apply shall be guilty of a violation F. No owner or operator of any livery shall secure business by of this chapter. cruising the city streets or by soliciting fares in public places. In § 437-17. Rates to be displayed. proceeding to a definite location, a livery driver shall proceed A. A card giving the maximum rates allowed to be charged by with the general flow of traffic and shall not obstruct traffic by this chapter, printed in English, shall be furnished by the slow driving or dilatory tactics [Director of Licenses and Permits] Commissioner of Permit and and shall not frequently drive around substantially the same Inspection Services and displayed in each taxicab or livery; blocks or area. No livery driver shall resort to any practice or except where a lower schedule of rates is filed by the owner of manner of driving which unnecessarily will add to or tend to any taxicab or livery, such owner shall furnish at his own cause traffic expense and display at all times in the vehicle to which such congestion. rates apply a card printed in the above- G. Where a taxicab stand is located in an area regulated by an mentioned language showing such lower rates. Such cards, ordinance prohibiting parking or standing during certain before being used, shall be approved as to design and size of periods, no operator of a taxicab or other vehicle shall permit type used by the [Director of Licenses and Permits] the same to remain parked or standing in violation of such Commissioner of Permit and Inspection Services. parking or standing ordinances. B. No taxicab or livery shall be operated without the rates of § 437-20. Penalties for offenses. fare applicable thereto being prominently displayed therein. Any A. Except as herein otherwise specifically provided, every false, misleading or incomplete statement or sign relating to person who shall in any manner violate any of the provisions of the rate of fare charged, displayed either on the inside or the this chapter or who shall charge, take or receive or attempt to outside of any taxicab or livery, shall be a violation of this charge, take or receive any greater rate or rates of fare or chapter. charges than those prescribed by this chapter or who shall fail § 437-18. Solicitation of passengers. to do any act required by this chapter to be done by him shall No taxicab driver shall solicit passengers on any street or be liable to taxicab stand at a greater distance than twenty (20) feet from a fine or penalty of not more than one thousand five hundred his taxicab. dollars ($1,500.) or to imprisonment for not more than fifteen § 437-19. Taxi stands. (15) days, or to both such fine and imprisonment, for A. The following are hereby designated as places where each offense. taxicabs may stand while awaiting employment: B. In addition to the fines and penalties herein fixed, the (List available in Clerk’s Office [Director of Licenses and Permits] Commissioner of Permit and B. No owner or operator of any taxicab shall occupy with such Inspection Services may, for cause, revoke any license issued vehicle for the purpose of securing passengers any other place hereunder, in accordance with the Charter of the city. or stand on any public street or place than those above § 437-21. Exceptions. designated, except that radio-dispatched taxicabs, if not The provisions of this chapter shall have no application to otherwise in violation of parking or vehicles while in use at funerals, christenings or weddings. standing ordinances, may stand on such main thoroughfares APPROVED AS TO FORM as are listed in Chapter 479, § 479-4, of the Code while Michael B. Risman awaiting employment or further direction from the radio Corporation Counsel dispatcher of their NOTE: Matter in [] brackets to be deleted; matter underlined is employer; except that, to meet special conditions, the new. Commissioner of Police is hereby authorized to designate REFERRED TO THE COMMITTEE ON LEGISLATION. additional places where taxicabs may stand while awaiting employment, NO. 148 but the use of such stands shall be subject at all times to the By: Mr. Fontana orders of said Commissioner. ORDINANCE AMENDMENT C. No owner or operator of any livery shall occupy with such CHAPTER 459 - TRAILERS vehicle for the purpose of securing passengers any area The Common Council of the City of Buffalo does designated by this section as a taxi stand nor any other place or hereby ordain as follows: stand on any public street; except that liveries, if not otherwise That Chapter 459 of the Code of the City of in violation of parking or standing ordinances, may stand on Buffalo be amended to read as follows: such main thoroughfares as are listed in Chapter 479, § 479-4, § 45 9- 1. Use as a residence or business. of the No person, firm or corporation shall occupy as a place of Code while awaiting further direction from the radio dispatcher residence or business any automobile or trailer in the City of of their employer. Buffalo for a period longer than forty-eight (48) hours unless a D. Nothing herein contained shall be construed as prohibiting permit for such use shall be obtained from the Commissioner the temporary occupation of any street in the vicinity of hotels, of Health Commissioner of Permit and Inspection Services. theaters and places of public entertainment by any taxicab Such permit for such longer use shall not be issued unless the while actually engaged by one (1) or more passengers; automobile or trailer for which a permit to use is sought shall be provided, however, that, in such case, the vehicle and its provided with adequate water closets, properly lighted and operator shall be subject at all times to the orders of the police. ventilated, which shall be connected with the public water E. For the purpose of finding a vacant taxicab stand in which to service and the city's sanitary sewer. Such permit shall provide await business or in proceeding to a definite location, a taxicab that it may be revoked by the Commissioner of Health Permit driver shall proceed with the general flow of traffic and shall not and Inspection Services or the Common Council of the City of Buffalo at any time and shall be subject to such other or further regulations as the Commissioner of Health Commissioner of From time to time the unique characteristics of a particular Permit and Inspection Services may impose. area or areas of the city require the creation of special zoning APPROVED AS TO FORM districts. Michael B. Risman § 511-55. Restricted use permits. Corporation Counsel A. Application. Whenever it is specified in this chapter NOTE: Matter in bold to be deleted; matter underlined is new. that a particular use may be undertaken in a particular district REFERRED TO THE COMMITTEE ON LEGISLATION. only upon the issuance of a restricted use permit, any person seeking to establish or extend such a use or to construct or NO. 149 remodel any building which will be BY: MR. FONTANA devoted to such a use shall file an application for a restricted ORDINANCE AMENDMENT use penult on forms to be supplied by the City Clerk. Said CHAPTER 511 - ZONING forms shall be filled out by the applicant and approved as to The Common Council of the City of Buffalo does hereby form by the Department of inspection and Licenses Permit ordain as follows: and Inspection Services-. Thereafter, the applicant shall file That various Articles of Chapter 511 of the Code of the City of said form with the City Clerk, together with a filing fee as Buffalo be amended to read as follows: provided in Chapter 175, Fees. The City Clerk shall forward ARTICLE 111, Districts and Map such application to the Planning Board and the Common § 511-5. Establishment of districts. Council no later than ten (10) days after the filing of the For the purpose of this chapter, the City of Buffalo is hereby application. divided into the following classes of districts, known as: B. Notice and hearing. The Common Council shall RI One-Family District publish a notice in a newspaper of general circulation in the R2 Dwelling District City of Buffalo setting forth the name of the applicant, the R3 Dwelling District location and owner of the property, the use proposed and the R4 Apartment District time and place of a public hearing to be held by the Committee R5 Apartment-Hotel District on Legislation no sooner than five (5) business days after the C1 Neighborhood Business District day of publication. C2 Community Business District C. Recommendation by Planning Board and Legislation C3 Central Business District Committee. Following such public hearing, the Legislation CM Central Commercial District Committee and the Planning Board shall forward to the MI Light Industrial District Common Council their recommendations with regard to the M2 General Industrial District application and any restrictions that they recommend be M3 Heavy Industrial District attached to the pen-nit, if it is issued. The recommendations of SD Special Zoning District the Planning Board shall be made no later than thirty (30) days DO Downtown Opportunity District after the filing of the application. RR Residential Restricted District D. Decision by the Common Council. The Common Council IP Institutional - Light Industrial District may authorize and direct the approval or denial of the issuance 11 Institutional - Light Industrial District of the restricted use permit on the basis of the effect of such TD Transit Station Area District permit on the public health, safety, aesthetics or general § 511-6. Zoning Map. welfare. The Common Council shall attach to such permit such A. The boundaries of the aforesaid districts are hereby restrictions, in addition to or in lieu of the bulk-density established as shown on a map entitled "Buffalo Zoning regulations and general standards of the district, as are Map," which accompanies and is made a part of this chapter. necessary or desirable in its judgment to ensure the The map designations which accompany said map, except as compatibility of the proposed use with surrounding property and hereinafter modified by any provision of this chapter, are hereby the overall development of the community. declared to be an integral part of said map. Except where E. Compliance. otherwise referenced on said map, the district boundary lines (1) The Commissioner of Public Works, together with are intended to follow lot lines or the center lines of streets and the Commissioner-of Inspections and Community alleys. Revitalization Commissioner of Permit and Inspection B. As evidence of the authenticity of the Zoning Map, Services, shall keep records of all restricted use permits issued said map shall be duly certified by the City Clerk. The City and review all permits, except those for which all conditions Clerk shall show by such certification the effective date of the have been permanently satisfied and so noted, at least once Zoning Ordinance, including said map. Whenever said map is annually. amended, the same form of authentication shall be duly (2) The Commissioner- of Inspections and followed. The City Clerk shall issue certified copies of the Community Revitalization'-Commissioner of Permit and Zoning Ordinance, including said map, or of the Zoning Map Inspection Services shall cause an inspection to occur upon alone, under such regulations as shall be established by him. the land or structure where the restricted use is located in order C. The Zoning Map and each amendment thereto, to ascertain that the landowner is complying with all of the when duly certified, shall be filed in the office of the City Clerk. conditions listed and ordinances applicable to said pen-nit and Certified duplicate copies of the same shall be filed in the property affected. offices, respectively, of the Commissioner- of inspections (3) A permit holder who is not in compliance shall be and Licenses Commissioner of Permit and Inspection issued a written order to comply and remedy said violations Services, the Zoning Board of Appeals and the City Planning within thirty (30) days or be subject to revocation. Board. F. Revocation. Upon submission to the Council of a D. Copies of the seventy-five (75) sectional maps may written report of the enforcing official of the city that the permit be examined in the office of the City Planning Division. holder is in violation of the conditions established and has failed ARTICLE XVI, SD Special Zoning Districts to remedy the violations or comply with the regulations herein, § 511-54. Creation. the Common Council shall have the power to revoke the previously issued restricted use permit upon findings that the holder has failed to remedy or comply with applicable design review process. Until the City Planning Board, the conditions and/or ordinances advisory subcommittee and the Common Council have G. Abandonment of use. All restricted use permits completed their actions or failed to act under design review as issued under this chapter shall expire and terminate upon the described below, no permit maybe issued for the project. cessation or abandonment of the use permitted, after a (1) City Planning Board review. one-year period. (a) The City Planning Board shall consider the H. Termination. completed application, along with the comments of appropriate (1) All restricted use permits hereinafter issued shall be departments, at its next meeting. deemed to be personal to the holder and shall terminate upon (b) In order to assist the City Planning Board, an the transfer of title or ownership of the property or use so advisory subcommittee shall be established. This affected. subcommittee, which shall be a five-member committee whose (2) A restricted use permit which terminates upon the members shall include two (2) Council members appointed by transfer of title or ownership must be reapplied for by the the President of the Council, two (2) members appointed by the subsequent applicant within sixty (60) days of purchase or Commissioner of Community Development Permit and transfer. Inspection Services and the Executive Secretary to the Zoning 1. Exceptions. A restricted use permit which, when granted and Board of Appeals, shall review the application and comment approved by the Council, designates the use to be continuous thereon prior to action by the City Planning Board. and will run with the land shall be irrevocable and subject only (c) Within six (6) months of the enactment of this to Subsection G and any conditions attached thereto. Article, the advisory subcommittee shall adopt operating § 511-77. Application requirements. procedures for its review of applications, subject to approval of Applications for approval shall be submitted to the Department the Common Council. of Public Works, Parks and Streets and shall contain at least (d) While reviewing such application, the City Planning the following: Board and the advisory subcommittee shall meet with the A. The applicant's name and address and his interest applicant for such conferences concerning the requested in the subject property. exception as may be appropriate and may accept amended B. The owner's name and address, if different than the plans in substitution of those originally submitted. applicant, and the owner's written consent to the filing of the (e) Within thirty (30) days following receipt of a application. completed application, the City Planning Board shall approve C. The street address of the property and, for new the requested exception as submitted, approve the exception construction, a survey of the property by a licensed surveyor. subject to further specified approvals, approve the exception D. The proposed use or uses and a general description with modifications or deny the requested exception with stated of the proposed development. reasons for the denial. Failure of the City Planning Board to act E. A site plan and all additional information pertinent to shall forfeit the Board's right to act on the requested exception. the application pursuant to the requirements of Article XXIII of The actions of the City Planning Board shall be advisory to the this chapter. Common Council, which shall receive the recommendation of F. Any other information that may be required to the Planning Board for further action. determine that the application is consistent with all downtown (2) Common Council review. zoning regulations and ordinances. (a) Immediately upon completion of its review, the City G. Floor plans and elevations of proposed buildings. Planning Board shall return one (1) copy of the applicant's § 511-78. Review of applications. plans to the applicant and one (1) copy to the City Clerk A. Applications proposing no exceptions. No design marked to show approval, approval subject to further specified review shall be required for building or use applications in approvals or approval subject to modifications, which conformance with the regulations of this Article and permitted modifications shall be clearly and permanently marked on such as of right. plans. Such applications shall be processed by the Department of (b) The City Clerk shall cause the recommendation of Public Works, Parks and Streets. the City Planning Board to appear on the next agenda of the B. Other referrals. Upon receipt of a Common Council. completed application wherein no exceptions to the (c) The Common Council shall act on a requirements of this Article are proposed and upon payment of recommendation within forty-five (45) days after receipt of the the appropriate fee for such application, the permit official shall Planning Board's recommendation. forward the application for review and comment to all other (d) If the Common Council fails to act within forty-five administrative offices whose review is appropriate, including (45) days after receipt of the Planning Board's but not limited to the Department of Public Works, Parks and recommendations, the application shall be deemed to be Streets, the Department of Inspections and Community approved without conditions. Revitalization Permit and Inspection Services, the (3) Items eligible for design review. Exceptions to the Department of Community Development and regulations set forth in this Article related to the following items the Fire Department. Review for compliance with all zoning may be allowed, but only upon successful completion of the requirements shall be concluded by the appropriate design review process. The design review process shall be administrative offices within thirty (30) days from receipt of a guided by the design and development objectives defined in § completed application. Failure to conclude review of a complete 511-69 of this Article, by the operating procedures of the application within this time limit shall be deemed approval. advisory subcommittee and by the following guidelines: C. Applications containing exceptions requiring (a) Retail and mixed-use entrance exceptions. If submission to design review. If any use of property or design recessed retail entrances are proposed for a length of more treatment is proposed in an application, which use or treatment than twenty (20) feet or a single retail entrance is proposed to is subject to design review under the regulations of serve an additional building use, design review must find that this Article, the permit official shall, in addition to the the proposed recess is the best design solution for the building procedures defined above in Subsection B of this section, and that the recess will not unduly disrupt the retail and forward the application to the City Planning Board and the pedestrian pattern on the street. advisory subcommittee as herein established for initiation of the (b) Front wall transparency on Main Street exceptions. If shall be governed by the regulations set forth in § 511-71 of exceptions to the front wall transparency requirement are this Article related to the Downtown Opportunity District. proposed, design review must find that the exception provides ARTICLE XVIII, General Provisions a visual pedestrian experience as satisfactory as would be § 511-80. Compliance required. provided by viewing through the transparent windows. Zoning affects every parcel of land and every structure and (c) Signs for which an exception is sought. If an use. Except as hereinafter specified, no building, structure or exception in the sign requirements is proposed, design review land shall hereafter be used or occupied and no building or part must find that the proposed sign shall fit appropriately into the thereof or other structure shall be erected, relocated, extended, surrounding district, consist of appropriate details, be properly enlarged or altered except in conformity with the permitted uses located on the building, not detract from the facade of the and the height and area regulations specified for the district in building, add interest to the overall streetscape and not place which it is located and with all other regulations of this chapter, undue prominence on the sign at the expense of the public and then only after applying for and securing all permits and walkway and neighboring properties. licenses required by all laws and ordinances; provided, (d) Building encroachments on the public way exceptions. Any however, that nothing in this chapter shall prevent the use of the public way shall not interfere inappropriately with the strengthening or restoring to a safe condition of any part of any streetscape, pedestrian right-of-way or the pedestrian visual building or structure declared unsafe by the Commissioner of experience. Inspections and Licenses Commissioner of Permit and (e) Illumination of building facades and building tops. Design Inspection Services nor relieve from the necessity of complying review must find that proposals for building illumination shall with his lawful requirements. enhance the aesthetics of the building and district and shall not § 511-81. Zone group classifications. create problems for public safety. Any reference in this chapter to any "R District" shall be (f) Exceptions requested for buildings with recognized interpreted to mean any RI, R2, R3, R4 or R5 District. Any historic or architectural significance. Buildings with recognized reference to any "C District" shall be interpreted to mean any historic or architectural significance shall be permitted to be Cl, C2 or C3 District. Any reference to any "M District" shall be substantially repaired or altered for the purpose of preservation, interpreted to mean any Ml, M2 or M3 District. reuse or restoration without conforming to specific § 511-82. Area reductions. requirements of this Article if design review documents that No lot, yard, court, parking area or other space shall be so such conformance would substantially hamper the proposed reduced in area, dimension or capacity as to make said area, development and shall be in keeping with the purpose of the dimension or capacity less than the minimum required under surrounding district. A report shall be requested from the this chapter. If already less than the minimum required under Preservation Board seeking that Board's advice on the matter. this chapter, said area, dimension or capacity shall not be Exceptions shall not be permitted under this subsection for further reduced. buildings and appurtenant land located within historic districts § 511-83. Lot frontage. for landmark sites and for sites listed on the National Register No dwelling shall be erected on any lot which does not have of Historic Places. Sites that fall into one (1) or more of the either immediate frontage on a street or a permanent, above three (3) categories shall be referred to the Buffalo unobstructed easement of access or right-of-way to a street. Preservation Board for review. Such frontage or easement or right-of-way to such frontage (g) Consideration of other uses. If a use exception shall be not less than fifteen (15) feet in width for each dwelling pursuant to § 511-75C of this chapter is proposed, the located on a lot without immediate street frontage, but need not Advisory Subcommittee must first examine the proposed use or be wider than thirty (30) feet. feature to determine if the use would fit appropriately with the § 511-84. Comer visibility. purpose of the district in which it is proposed to be located and In all R Districts, in the triangle formed by the lines of not adversely affect adjoining properties and transmit its intersecting streets and a line joining points on such street lines findings to the Zoning Board of Appeals. Thereafter, the Zoning twenty (20) feet distant from their point of intersection, no Board of Appeals may consider permitting the proposed use building or structure may be erected and no plant foliage may under Article XXIV of this chapter. be maintained between heights of three and one-half (3 1/2) D. Applications containing exceptions requiring feet and ten (10) feet above the curb level. submission to the Zoning Board of Appeals. If an application § 511-85. Through lots. proposes a use of property requiring a special exception or In any R District where an interior lot runs through a block from hardship variance, as defined and regulated by Article XXIV of street to street, there shall be a front yard of the depth required this chapter, such application shall be filed with the Zoning by this chapter on each street frontage. One (1) of such yards Board of Appeals for its determination. shall be considered as a required rear yard. E. Limitation on approved applications. No application § 511-86. Side yard distribution. approval shall be valid for a period longer than one (1) year In any R District on any lot on which a dwelling is to be erected, from the date of approval unless a building permit is issued and the wider side yard shall be on the same or corresponding side construction is actually begun within that period and is of the lot as the wider side yard on the nearest lot (in the same thereafter diligently pursued to completion or an occupancy block front) upon which a dwelling has been erected, unless pen-nit is obtained and use commenced within that period. the narrower side yard be eight (8) feet or more in width or F. Amendment. An approved application may be unless the requirements of § 511-115C(2) are complied with. amended at any time in the same manner and subject to the § 511-87. Accessory uses and buildings; two or ore frame same standards and limitations as provided in this Article for buildings on same lot. original application approval. A. In any R District, no accessory building shall be § 511-79. Review of downtown zoning regulations. erected in any yard, except that accessory buildings may Within five (5) years after December 18, 1987, the Common occupy in the aggregate not more than thirty percent (30%) of a Council, after public hearing, shall determine whether the rear yard. Accessory buildings shall not exceed twelve (12) feet regulations set forth in § 511-72 of this Article related to the in height and shall be located at least eighteen (18) inches from Residential Restricted District have been effective and shall all lot lines of adjoining lots which are in any R District; reenact, modify or repeal such regulations. In case of the provided, however, that an accessory building with masonry Common Council's failure to act, properties within said district walls may abut upon side and rear lines of the lot, except a rear Prevention and Building Code, and erected according to line which is the side line of another lot in an R District. -aforesaid State Code, the provisions of this Charter, and any B. Where the rear of a comer lot in any R District adjoins the other applicable codes. side of another lot in an R District, no part of an accessory B. No mobile homes nor manufactured homes, as defined building on said comer lot within twenty-five (25) feet of the in Chapter 31-2 of this Charter, having as structural floor common lot line shall project beyond the front yard required on construction structural steel framing and wheel carriages, such adjoining lots, provided that, if the comer lot frontage is and intended to be re-locatable by towing and to have forty (40) feet or less, the yard need not be more than fifteen detachable utilities hookups shall not be permitted as (15) feet. either temporary or permanent dwellings. C. No accessory use or structure in any R District, C. Modular-built homes, as defined in Chapter 31-2 of this except off-street parking subject to the provisions of § 511-97, Charter, designed to be permanently affixed to a foundation shall be permitted nearer to any front lot line, or rear lot line of a with permanent utility connections according to the New York through State Uniform Fire Prevention and Building Code, and erected lot, than sixty (60) feet. according to aforesaid State Code, the provisions of this D. Where it is proposed to erect two or more frame Charter, and any other applicable codes, bearing an Insignia of buildings on the same lot or an additional frame building or Approval issued by the State Fire Prevention and Building frame buildings on a lot where there is already an existing fram Code Council, shall be permitted as permanent dwellings- building, the owner thereof shall file with the Commissioner of § 511-89. Multifamily dwellings, row dwellings and dwelling Pen-nit and Inspection Services a groups. statement showing: A. Approval of multifamily dwellings, row dwellings and dwelling (1) The location and character of the adjoining building. groups. All plans and specifications filed with any application the adjoining lot. for a multifamily dwelling, row dwelling or dwelling group shall (2) The proposed space between the existing building be referred by the Commissioner of inspections and License and the building or buildings proposed to be erected on said lot. Commissioner of (3) The proposed space between such new building or Permit and Inspection Services to the City Planning Board for buildings and the building on examination and review as to the site planning requirements of E. No frame building shall be hereafter erected so that this chapter before any permit is issued by him. any part thereof shall be less than 18 inches from the side line B. Row dwellings. A row dwelling shall be located on a of the lot or less than three feet in the direction of the width of lot or on a number of adjoining lots running through from street the lot from an adjoining frame building which is on the same to street or abutting for the full length of the rear lot line on an lot. alley or a permanent public way at least twenty (20) feet wide. F. No frame building shall be hereafter erected so that any part Such secondary public access shall not be required in case the thereof shall be less than 18 inches from the rear line of the lot combined structure does not exceed two hundred (200) feet in or less than 10 feet in the direction of the depth of the lot from length or the distance between permanent openings at least an adjoining frame building which is on the same lot. eight (8) feet wide and eight (8) feet high connecting front and G. Nothing in this section shall be construed as rear yards at ground level does not exceed two hundred (200) prohibiting projections of cornices, gutters, conductors, belt feet. courses or window sills when same are approved by the C. Dwelling groups. In any district except an Rl, M2 or Commissioner of Permit and Inspection Services, except that M3 District, a permit for the erection of a dwelling group or for no such projection shall cross any property line. the erection or conversion of any building which, together with § 511-88. Temporary dwellings. one (1) or more existing buildings, will constitute a dwelling A. Prohibition. Tents, trailers, trailer homes, campers group may be issued by the Commissioner- of Inspections and other similar vehicles and structures customarily used for and Licenses Commissioner of Permit and Inspection temporary dwelling purposes shall not be permitted, occupied Services, provided that it conforms to all the provisions of this or used in any district. subsection, even though the location on the lot of the buildings B. Prefabricated dwelling units. A prefabricated to be erected or converted and the yard and other open spaces dwelling unit constructed and certified to meet or exceed do not meet in all respects the requirements stipulated in other the New York State Uniform Fire Prevention and Building Code parts of this chapter. The proposed dwelling group shall regulations and the Buffalo Building Code regulations and conform to all the following conditions and requirements. permanently affixed to a foundation with permanent utility (1) In respect to distance between the buildings and lot connections in accord with the aforementioned codes shall not lines, the dwelling group shall be considered as a single be considered a temporary dwelling unit. building. C. Exceptions. Trailers, campers, recreational vehicles (2) The distance between separate buildings shall be and other similar vehicles and structures may be stored upon not less than the following: the owner's premises unoccupied upon the following Not Over 7 to 12 Over 12 conditions: Distance 6 stories stories stories (1) Vehicles which are subject to registration by the New Required (feet) (feet) (feet) York State Department of Motor Vehicles shall be properly Between the front 40 60 80 registered. or rear of I (2) No such vehicles or structures shall be stored upon dwelling and the the owner's premises for more than 10 days continually, unless front or rear of contained within a garage or accessory building. another dwelling (3) No more than one such vehicle or structure shall be Between the front 30 40 50 permitted upon any one parcel within any residentially zoned or rear of I district, designated herein. dwelling and the 511-88.1 Permanent dwellings, permitted construction types. end of another A. All permanent dwellings shall be designed to be erected on a dwelling permanent foundation and permanently connected to the Between the end of 20 30 40 required facilities according to the New York State Uniform Fire 1 dwelling and the end of another A. Adult uses: adult bookstores, adult motion-picture theaters, dwelling, or including adult video stores, commercial establishments diagonally between offering private visual presentations or commercial -building comers establishments offering body rubs, as defined in § 511-4 of this Between an access 10 10 10 chapter, and exotic cabarets as defined in § 511 4 of this sory building and chapter. another accessory (1) It shall be unlawful to hereafter establish any adult building or a bookstore, adult motion picture theater, including adult video dwelling stores, commercial establishments offering private visual (3) For the purpose of this subsection, the "end" of a presentations, commercial establishments offering body rubs dwelling shall be a wall, not longer than fifty (50) feet, which or exotic cabarets in any district other than a CM- or M-zoned contains neither a main entrance doorway nor any window or district, within 750 feet of another adult use or within 750 feet of windows through which any living or sleeping room derives its any R-zoned district or any church, school, playground, principal natural light and ventilation. Any other wall shall be child-care center, public park or community center, even if construed as a front or rear wall. The distance between the end such adult use is located or proposed to be located within a of one (1) dwelling and any part of another dwelling may be CM- or M-zoned district. The word "establish" means to reduced to not less than ten (10) feet in case there is no operate such an adult use as the owner of premises wherein window in any living or sleeping room in that portion of either such use is contained or as the lessee of premises wherein wall directly opposite the other wall. such use is contained or as an employee of the owner or § 511-93. Storage of motor vehicles. operator of an adult use so established. A. The outside storage on private property is prohibited of any (2) Private visual presentation in commercial unregistered and/or unlicensed motor vehicle for a period establishments. Commercial establishments which offer private longer than ten (10) days, unless such unregistered and/or viewing of movies, tapes, slides, pictures or live performance of unlicensed motor vehicle, notwithstanding the year in which the any kind shall comply with the following: same shall have been (a) Booth access. Each booth shall be totally accessible manufactured, has affixed a current New York State Inspection to and from aisles and public areas of the establishment. sticker, and is, at all times while being so stored, kept in such Access to a booth shall be unrestricted by doors, locks or other condition and maintained with such equipment that it will meet control-type devices. the minimum requirements to pass the New York State motor (b) Booth construction. Any booth used to view a movie, vehicle inspection standards as provided by the Vehicle and tape, slide, picture or live performance of any kind must be so Traffic Law of the State of New York and all rules and constructed as to discourage sexual activity and the spread of regulations promulgated by the Commissioner of Motor communicable disease by including, but not being limited to, Vehicles for the periodic inspection of motor the following requirements: vehicles in the State of New York and as the same may be [1] Every booth shall be separated from adjacent booths amended from time to time. This section shall not apply to an and any nonpublic areas by a wall. owner of such unregistered and/or unlicensed motor vehicle [2] Every booth shall have at least one (1) side totally who is a member of the armed forces while serving on open to a public, lighted aisles so that there is an unobstructed active duty. This prohibition shall not apply to the storage of view at all times of anyone occupying the booth. such vehicles where the storage may be considered to be a [3] All walls shall: legitimate accessory or implied part of a permitted [a] Be solid, without any openings. use. [b] Extend from the floor to a height of not less than six B. The outside storage of boats and similar recreational (6) feet. vehicles shall not be permitted. [c] Be light-colored, nonabsorbent, smooth-textured and § 511-95. Adult uses; uses subject to special regulation. easily cleanable. It is recognized that there are some uses which have serious [4] The floor must be light-colored, nonabsorbent, objectionable operational characteristics when several of them smooth-textured and easily cleanable. are concentrated under certain circumstances or when they are [5] The lighting level of each booth when not in use shall in close proximity to churches, schools, playgrounds, child-care be a minimum of ten (10) foot candles at all times. centers, public parks or community centers, producing a (c) Booth occupants. deleterious effect upon adjacent areas. Special regulation of [1] Only one (1) individual shall occupy a booth at any these uses is necessary to ensure that adverse effects will not time. contribute to the blighting or downgrading of the surrounding [2] No individual occupying a booth shall, at any time, neighborhood. The primary reasons for regulation is to maintain engage in any type of sexual activity or cause any bodily established standards of decency pursuant to Chapter 299 of discharge or litter associated with sexual activity while in the the Ordinances of the City of Buffalo, and to prevent a booth. concentration of these uses in any one (1) area which could [3] No individual shall damage or deface any portion of create adverse neighborhood effects. To enforce the the booth. restrictions upon the location of such uses, it is necessary for (d) Operator responsibility. It shall be the responsibility the city to issue permits for all existing and new uses of the owner, operator, licensee and employee of the established or operating in accordance with this section. lt is establishment to: recognized that many of the uses regulated by this section [1] Maintain the premises in a clean and sanitary involve potentially large profits which entice owners of buildings manner at all times. within the city to ignore the provisions of this chapter and [2] Maintain at least ten (10) foot candles of light in the disregard the adverse effects upon the neighborhood when public portion of the establishment, including aisles, at all leasing their property. It is necessary, therefore, to regulate times. owners of real property devoted in whole or in part to adult uses [3] Ensure compliance of the establishment and its as well as operators of commercial establishments involving patrons with the provisions of this section. such uses. Uses subject to these controls are as follows: [4] Post the regulations concerning booth occupancy on signs, with lettering at least one (1) inch high, that are placed in conspicuous areas of the establishment and in each of the D. Any permission herein granted by the Common viewing booths. Council is conditioned upon full and complete compliance by [5] Violation of any provision of this section constitutes a the permittee with all the requirements of this chapter and any public nuisance. additional requirements of the Common Council. Such full (e) In every room of such establishment wherein such compliance must be complete and partitioned rooms or booths are constructed, there shall not be finished within not more than six (6) months from the effective less than two (2) lighted exits, which exits shall lead directly to date of Council permission. the outside of such building. E. No use permit shall be issued to the permittee by the (3) Adult use permit. No person, firm or corporation Commissioner- of Inspeetions and Licenses shall continue or engage in the business of operating an adult Commissioner of Permit and Inspection Services based upon bookstore, adult motion-picture theater, including adult video such Council permission stores, commercial establishments offerings private visual until he has caused such premises to be presentations, commercial establishments offering body rubs examined and is satisfied that the permittee has fully complied or exotic cabaret in the City of Buffalo without an adult use with all the requirements of this chapter and all the permit issued by the Director of inspections, Licenses and requirements and conditions of the Common Council. If the Permits Commissioner of Permit and Inspection Services after Commissioner- of inspections and Licenses Commissioner written application, duly verified, has been made therefor, upon of Permit and Inspection Services reports to the Common a form provided by said Director Commissioner. Said Council that he is unable to issue such use permit within the application shall give the name and address of said applicant, six-month period, because the permittee has failed to comply the location of the premises whereon said adult use is or is to fully with the conditions of this chapter and the conditions and be operated and the name and address of the owner of the requirements of the Common Council, then such permission of property whereon the adult use is or is to be operated if the Common Council conditionally granted, thereupon becomes different from the applicant. The Director- of inspections, immediately void and of no effect. Licenses and Permits-Commissioner of Permit and § 511-99. Community parking areas or garages in R Districts. Inspection Services shall issue his determination to approve or The Common Council, after notice and public hearing and deny the application based on his investigation of the planning after receiving the recommendation of the City Planning Board, and zoning issues relative to the location of the adult use within may allow in any R District, except an RI District (even on an 45 days or else such application shall be deemed approved. It otherwise vacant lot), a community parking area or garage for shall be the responsibility of the applicant to keep the any number of self-propelled vehicles, subject to such information provided to the City of Buffalo accurate and conditions as the Council may impose and to the following up-to-date. The information provided on the application shall be conditions and limitations: certified as true by the applicant under the penalties of perjury A. Such parking areas and garages shall conform to the and the immediate revocation of the adult use permit. requirements of § 511-87, Accessory uses and buildings and § (4) Enforcement. Both the Director- of Inspections, 511-96 and 511-97 for physical requirements. For the Licenses and Permits Commissioner of Permit and purposes of this provision, yards and setbacks for a parking Inspection Services and the Commissioner of Police shall have area shall be provided as required for a one-story masonry the authority to inspect the premises during operating hours accessory building. If, in its judgment, the Common Council and to enforce the provisions of this section. Failure to comply determines that public convenience and welfare will be with the requirements of this section may constitute grounds substantially served, that the use of neighboring property will for the suspension, revocation or nonrenewal of licenses not be adversely affected and that the general character of the issued by the city to operate such an establishment. surrounding neighborhood will not be adversely affected, the B. Severability. If any word, clause, sentence, Council may approve the use of the established yards and paragraph, subsection or part of this section included in this setbacks of immediately adjacent properties instead of yards Article now or through supplementation shall be adjudged by and setbacks that would be required for the construction of a any court of competent jurisdiction to be invalid, such judgment new building. shall not affect, impair or invalidate the remainder thereof, but B. The Common Council may require such appropriate shall be confined in its operation to the word, clause, sentence, conditions and safeguards as it determines are necessary to paragraph, subsection, section or part thereof directly involved protect the character of the neighborhood. in the controversy in which such judgment C. Not more than twenty percent (20%) of the vehicles shall have been rendered. parked in any such garage or on such premises shall be § 511-98. Restricted parking lots in R Districts. commercial vehicles. No vehicle exceeding eight (8) feet in The Common Council, after notice and public hearing and width or height or one and one-half (1 1/2) tons" capacity shall after receiving the recommendation of the City Planning Board, be parked in any such garage or on such premises. may allow in any R District except an RI District, on premises ARTICLE XX, Signs which may adjoin any C, CM or M District, a restricted parking § 5 11 - 100. Use permit required. lot incidental to a business or industrial use. Such parking lot In addition to any other requirements of law, no sign may be shall be subject to the conditions of 511-96 and § 511-97 of erected or remodeled except as hereinafter provided until a use this chapter, to such conditions as may be imposed by the permit is obtained. However, a use permit shall not be required Council and to the following conditions and limitations: for ordinary repairs and repainting or reposting of lawfully A. Such parking lot shall be situated on any private land which existing signs or for the erection or remodeling of exempt signs has an area of not less than six thousand (6,000) square feet as indicated below. No use permit shall be issued for any sign and which for at least fifty (50) feet abuts directly on or is unless the sign is permitted by and complies with the directly across a street or alley from any C, CM or M District. regulations of this Article. B. Such parking lot shall be used solely for the parking of § 511 -10 1. More restrictive provisions to apply. passenger automobiles only, and no commercial repair work, In a case where the general standards of a specific district are sales or service of any kind shall be conducted thereon. more restrictive than the regulations of this Article, the district C. Such parking lot shall be at all times subject to entry regulations shall supersede the regulations of this Article. and inspection by representatives of authorized public agencies § 511-102. Additional definitions. of the City of Buffalo in the performance of their duties. As used in this Article, the following terms shall have the material in a minor degree. Such advertising material need not meanings indicated: be restricted to the business of the owner or occupant of the ACCESSORY SIGN -- An identification sign for the premises premises whereon said sign is attached, provided that such on which it is located or which advertises a product or service advertising material is not displayed upon said sign for a total available on the premises on which it is located. period of over ten (10) minutes in any period of one (1) hour of NONACCESSORY SIGN -- A sign which does not identify the use and operation, and provided that no continuous premises on which it is located or advertises a project or presentation of advertising shall exceed ten (10) minutes in service which is not available on the premises on which it is duration and that any period of advertising shall be followed by located, and shall include billboards, ground signs and pole news presentation of at least similar duration. signs as described in Chapter 387, Signs, of the Code of the (3) Signs on trees or utility poles. No sign shall be City of Buffalo, as well as any other device to be used for attached to a tree or utility pole whether on public or private similar purposes. property. SIGN -- Includes a structure built or erected, used or (4) Sign area. No one shall erect on any lot a sign or maintained for the public display of an advertisement, signs which would cause the sign or signs on said lot to announcement or direction in the form of a poster, picture, aggregate or total more than the total area per lot as listed painted sign, illuminated sign or other reading or pictorial below. The term "sign area" shall mean the gross surface area matter. within a single continuous perimeter enclosing the extreme § 511-103. Exempt signs. limits of a sign and in no case passing through or between any The following types of signs are exempt from the foregoing adjacent elements of the same. Such perimeter shall not requirements and from all other regulations of this Axticle: include any structural or framing elements lying outside the A. Flags or emblems of a duly constituted governmental limits of such sign and not forming an integral part of the body or agency. display. For computing the area of any wall or other sign which B. Signs of a duly constituted governmental body or consists only of letters mounted or painted on a wall or other agency, including traffic or similar regulatory devices, whether base, the area shall be deemed to be the area of the smallest permanent or temporary, legal notices, warnings at railroad rectangular figure which can encompass all the letters. Only crossings and other instructional or regulatory signs related to one (1) side of a double-faced sign, that is, a back-to-back or health, hazards, parking, swimming, dumping and similar V-type sign, shall be used in computing the total area of such matters. sign. Memorial plaques, markers, monuments and tablets. (a) Lots in residential districts: Accessory signs shall D. Address numerals and other signs required to be comply with area and other regulations of the district in which maintained by law or governmental order, rules or regulation, they are located. provided that the content and size of the sign does not exceed (b) Lots in the CI Neighborhood Business District: the requirement of such law, order, rule or regulation. thirty-five (35) square feet per use, provided that exterior signs E. Small signs, not exceeding three (3) square feet in area, pertain only to a permitted use on the premises, are attached conveying information necessary for the convenience of the flat against the building, do not project above the roofline and public, including signs to identify such places as rest rooms, do not face the side of any adjoining lot in any R District. An freight entrances and parking areas. owner or operator of a gasoline service station located in a C I F. Decorations temporarily displayed in connection with local or District, however, may post one (1) price sign in addition to the national festivities, holidays or political activities and not sign required by Chapter 219, Article 1, of the Code of the City otherwise regulated under this Article. of Buffalo, to indicate the type of gasoline sold, the price of G. Temporary signs, such as signs used in connection with the gasoline per gallon and the type of service offered by the construction or remodeling of a building or a banner may be station. This sign may be a pole sign or freestanding sign. Any erected without regard to the area limitations in this Article. pole sign installed in accordance with this Article shall be H. Nameplate signs, provided that such signs comply with area limited to a height of twenty (20) feet, and the sign shall not and other regulations of the district in which the building or use exceed a total area of one hundred (100) square feet. Any is located. Nameplate signs shall be attached flat against the freestanding sign installed in accordance with this Article shall main building and shall identify only the building itself and any be securely anchored and shall not exceed a total area of lawful use. No flashing or twenty (20) square feet. animated illumination shall be permitted. (c) Lots in the C2 Community Business District: § 511-104. General standards. Accessory signs shall be limited to thirty-five (35) square feet A. General standards applicable to all signs. All signs subject or the sum of one (1) square foot for each linear foot of front lot to the provisions of this Article shall comply with the following line, whichever is greater. standards: (d) Lots in C3 Central Business District: Accessory (1) Illumination of signs. Illuminated signs shall be signs shall be limited to one hundred seventy-five (175) square shaded wherever necessary to avoid casting direct light upon feet or the sum of two (2) square feet for each linear foot of residential property or upon any hospital or hotel. front lot line, whichever is greater. No roof signs shall be (2) Flashing signs. Any illuminated sign or lighting permitted in the C3 District. device shall employ only lights emitting a light of constant (e) Lots in the CM General Commercial District: intensity and shall not be illuminated by or contain any flashing, Accessory signs shall be limited to two hundred (200) square intermittent, rotating or moving light. A sign conveying time, feet or the sum of three (3) square feet for each linear foot of temperature, stock market quotations or other information of a front lot line, whichever is greater. nonadvertising nature shall be exempt from this restriction, (f) Lots in industrial districts: Accessory signs shall be provided that said sign shall not exceed eighteen (18) inches in limited to three hundred fifty (350) square feet or the sum of projection from the building to which it is attached and shall not four (4) square feet for each linear foot of front lot line, exceed eighteen (18) inches projection over any street line and whichever is greater. shall not exceed five (5) feet in height and shall not exceed four (5) Traffic safety. No sign shall be maintained at any hundred fifty (450) square feet in total area, and further location where, by reason of its position, size, shape or color, it provided that said sign is used principally for displaying items may obstruct, impair, obscure or be confused with any traffic of general public interest and is used for displaying advertising control sign, signal or device or where it may interfere with, (b) No such structure shall contain over two (2) signs mislead or confuse vehicular or pedestrian traffic. per facing, and if the structure contains two (2) signs per B. Standards applicable to identification signs. Signs facing (that is, facing the same direction), neither sign shall which identify a building or structure may be erected on exceed three hundred (300) square feet in area. In lieu of two the same lot with said building or structure. All identification (2) signs per facing, one (1) larger sign may be erected, not to signs shall comply with the following regulations: exceed six hundred seventy-five (675) square feet in area, (1) Real estate signs. Temporary real estate signs shall exclusive of customary extensions and embellishments that do comply with the following regulations: not exceed twenty percent (20%) of that area. (a) In the case of property devoted to low- or high-rise (c) No nonaccessory sign structure shall be located apartment uses, there shall be permitted one (1) sale or lease within three hundred (300) feet of another such structure sign not to exceed twelve (12) square feet in area; provided, located on the same side of the street. In the case of a however, that where more than six (6) lots located in the same nonaccessory sign facing a limited access highway or subdivision are offered for sale or rental by the same party, the expressway, no such structure shall be located within a area of such sign or signs may be not more than thirty-five (35) distance of one thousand (1,000) feet of any other such square feet in the aggregate. structure located on the same side of such highway. (b) In the case of property devoted to an industrial or (d) No nonaccessory sign shall exceed an overall height manufacturing use, there shall be permitted not more than four above ground at the base of such sign of forty (40) feet, except (4) sale or lease signs. No such sign or signs shall exceed in that, for a sign oriented to an elevated road or highway, such the aggregate seventy (70) square feet in area. height may be increased to that of thirty (30) feet above the (c) In the case of property devoted to any other use, pavement level of the elevated road. there shall be permitted not more than two (2) sale or (3) No nonaccessory sign shall be erected within three lease signs not to exceed in the aggregate seventy hundred (300) feet of any residential district if it would face (70) square feet in area. such district and be visible therefrom. (2) Business identification signs. Business identification (4) No nonaccessory sign shall be erected next to a signs shall comply with all applicable provisions of this chapter. building in any zoning district used for residential purposes A business identification sign or signs identifying a retail when closer than forty (40) feet to any window of an existing business or profession conducted or a commodity or service residential as measured from the sign to the window. No sold or offered in substantial amounts upon the premises shall nonaccessory sign shall be erected within ten (10) feet of a be permitted as accessory to each business, commercial or building in any zoning district used for residential purposes industrial use. even when such sign is not visible from any window of existing C. Standards applicable to nonaccessory signs. residential units. Nonaccessory signs shall not be erected to any residential (5) No nonaccessory sign shall be erected within two district. In the C I Neighborhood Business District, no hundred (200) feet of any public park or parkway if it would nonaccessory sign or signs shall be erected. In the C2 face such park or parkway and be visible therefrom. Community Business District, C3 Central Business District, (6) No nonaccessory sign shall face Delaware Avenue CM General Commercial District and in all industrial districts, between Chippewa Street and North Street if it would be within nonaccessory signs shall be permitted subject to the following two hundred (200) feet thereof and visible therefrom. regulations. No nonaccessory sign shall be erected along the (7) No nonaccessory sign shall be closer to any street river or lakefronts west of the New York State Thruway, the line than the front line of the nearest building within fifty (50) Buffalo Skyway or Fuhrman Boulevard. feet; provided, however, that when a nonaccessory sign is (1) In the C2, C3 and CM Districts: erected between two (2) buildings within fifty (50) feet of the (a) Only one (1) nonaccessory sign structure shall be structure, no part of the sign structure shall be erected closer permitted on any lot with one hundred (100) linear feet of street to any street line than a line drawn from the nearest front comer frontage or less and only one (1) additional structure for an of the two (2) buildings. additional one hundred (100) linear feet of street frontage or (8) Except as otherwise may be provided in this chapter, major fraction thereof. No such structure shall contain more any sign which for a period of three (3) years has not been than one (1) sign per facing that shall not exceed six hundred repainted or reposted and on which the message on which has seventy-five (675) square feet. been removed or is totally or partially illegible or absent, or (b) No nonaccessory sign shall be located within three which pertains to a time, event or purpose which no longer hundred (300) feet of another such structure located on the applies, shall be deemed to have been abandoned. An same side of the street. In the case of a nonaccessory sign abandoned sign is prohibited by this chapter, and such sign facing a limited access highway or expressway, no such and its structure shall be removed by the owner of the premises structure shall be located within a distance of one thousand if not by the owner of the sign. Failure to remove an abandoned (1,000) feet of any such structure located on the same side of sign and sign structure, as described above, shall be a violation such highway. of this chapter. If the owner or lessee shall refuse or neglect to (c) No nonaccessory sign shall exceed an overall height remove the sign and sign structure within three (3) months above ground at the base of such sign of forty (40) feet, except after delivery of a notice from the Commissioner- of that, for a sign oriented to an elevated road or highway, such inspections and Licenses Commissioner of Permit and height may be increased to that of thirty (30) feet above the Inspection Service , the Commissioner may cause the sign and pavement level of the elevated road. sign structure to be removed and the expense thereof shall be (2) In industrial districts: assessed against the owner of the property n which the sign is impossible to produce an explosion of such units to the injury located in accordance with the provisions of the Charter of the of life, limb or property. city relating to assessments. Delivery of the notice may be (a) Only one (1) nonaccessory sign structure shall be made by personal service thereof or by registered mail to the permitted on any lot with one hundred (100) linear feet of street last known address of the owner. frontage or less and only one (1) additional structure for an (9) Modification of sign regulations. An applicant additional one hundred (100) linear feet of street frontage or seeking modification of sign regulations contained in this Article major fraction thereof may submit a request for modification to the City Planning Board. The Board shall investigate the request and present its findings and recommendation to the Common Council within and he may abate any nonaccessory sign erected, constructed one (1) month of its receipt of the matter. The Common Council or maintained in violation of this Code. may authorize and direct the approval or denial of a pen-nit for (b) Any sign and/or sign structure which does not the requested modification on the basis of the effect of such conform to the requirements of this Code shall be deemed to permit on the public health and welfare. be a public nuisance. (10) Notwithstanding any other provision of this chapter, (c) Whenever a nonaccessory sign is erected and/or roof-mounted nonaccessory signs which existed at the effective maintained in violation of the provisions of this Code, the date of this amendment shall be permitted to remain, but no Director- Of Licenses Commissioner of Pen-nit and further roof-mounted nonaccessory signs shall be permitted. Inspection Services shall serve written notice of such violations (11) Existing nonaccessory signs, including billboards, upon the violator, directing compliance within thirty (30) days of pole signs and similar advertising devices, which do not meet the receipt of the notice of violation. In the case where the regulations of this amendment on the effective date of this ownership cannot be determined or notice cannot be delivered, amendment shall be removed or brought into compliance the Director- of Housing and inspections Commissioner of herewith within four (4) years of the effective date of this Permit and Inspection Services shall place a violation notice amendment. upon the sign and/or sign structure. (12) No person, firm or corporation shall erect or maintain any (d) After expiration of the time for compliance as stated nonaccessory sign unless all required permits or licenses have in the notice of violation [thirty (30) days], if the violation has not been issued by the Director- of Housing and inspections been corrected and no appeal is pending, the Director- of Commissioner of Permit and. Inspection Services therefor. Housing and inspections Commissioner of Permit and (13) No license shall be issued or renewed by the Director- Inspection Services may cause the removal and/or demolition Commissioner unless: of the offending sign. The costs incurred by the City shall be (a) The Director-Commissioner determines that a charged against the person owning such offending sign or nonaccessory sign and its support structure which is proposed against the bond posted by the individual or company that owns to be erected or which is erected or maintained is in conformity or erected and maintains the offending sign. If the sign was with all applicable provisions of this Code and that such unlicensed or abandoned, the property owner on whose person, firm or corporation has fully complied with all premises the sign is located shall be responsible for the cost of requirements thereof removal. (b) Against such person, firm or corporation there exist (e) If any violation of the provisions of this Code results no outstanding violations for which all administrative remedies in an immediate peril to persons or property, the Director of or legal appeals have been exhausted nor any outstanding Housing and Inspections Commissioner of Permit and court orders requiring the removal of any sign(s) for which all Inspection Services may require immediate compliance. legal appeals have been exhausted, for erecting and/or (16) Penalties. The penalty for violation of any term or condition maintaining nonaccessory signs in violation of this Code. of a license or any provision of this Code dealing with (c) In addition to any bond required elsewhere in this nonaccessory signs and/or structures, shall be a fine of three Code, the owner of a nonaccessory sign shall file a bond with hundred dollars ($300.) which shall be imposed for each and the Comptroller in the penal sum of five thousand dollars every violation cited. Each day the Code is violated shall be ($5,000.) protecting the city against the cost of removal and/or deemed a separate offense for which a separate penalty may demolition of any nonaccessory sign found to be unsafe or a be imposed. public nuisance or which is required to be removed and/or (17) Severability. If any provision, sentence, clause or demolished for being in violation of the provisions of this Code. part of this section is for any reason found to be Said bond shall be approved as to form by the Corporation unconstitutional, illegal or invalid, such unconstitutionality, Counsel and as to sufficiency by the Comptroller. The city may illegality or invalidity shall not affect or impair any of the proceed against the surety of such bond in the event that the remaining provisions, sentences, clauses or parts of the owner of a nonaccessory sign fails to remove such sign within ordinances dealing with nonaccessory signs. It is the intent of thirty (30) days of the date of an order from the Director- of this legislation that it would have been adopted had such Housing and inspections .Commissioner of Permit and unconstitutional, illegal or invalid provision, sentence, clause, Inspection Services to remove the same. section or part thereof not been included herein. (14) The Director- of Housing and inspections ARTICLE XXIII, Administration and Enforcement Commissioner of Permit and Inspection Services shall issue § 511-116. General provisions. licenses and license tags annually for all nonaccessory sign A. The duties of administering and enforcing the facings within the City of Buffalo: provisions of this chapter shall be performed by the (a) Each license tag shall be of a size and color so as to Commissioner- of inspections and Licenses Commissioner be easily read from the footway and/or street or highway. The of Permit and Inspection Services of the City of Buffalo. Said tag shall contain a license number peculiar to that sign facing Commissioner shall have exclusive authority to grant building which shall be visible from the footway and/or street or and use permits, subject to such procedure and appeal action highway. Renewal stickers shall be issued annually by the as is hereinafter Director Commissioner, and the color of such sticker shall provided. change annually. B. No building or structure in said city shall be erected, (b) The owner of a nonaccessory sign shall cause the relocated, altered, reconstructed, extended or enlarged and no license tag and renewal sticker to be affixed to such sign in the premises shall be used or occupied for any purpose without a place and manner as directed by the Director- 0f Housing pen-nit and inspections Commissioner of Permit and Inspection issued therefore by the Commissioner- of Inspections Services. and Licenses Commissioner of Permit and Inspection (15) Enforcement. Services in accordance with the provisions of this chapter and (a) The Director- of Housing and inspections of Chapter 103, Commissioner of Permit and Inspection Services or his Articles IV, V and VI; Chapter 105; Chapter 186; Chapter 266; designee shall inspect all nonaccessory signs to be sure they Chapter 281, Article 11; Chapter 341, A-rticle 11; Chapter 395; are structurally safe, that they comply to all other appropriate Chapter 399, Article III; and Chapter 430 of the Code of said sections of this Code and that they have a valid annual license, city. C. The Commissioner- of lnspections and Licenses permit shall be expeditiously and continuously pursued to Commissioner of Permit and Inspection Services shall issue no completion subject to revocation of such permit for failure to so permit for the construction or structural alteration of any proceed or for failure to enter into such permitted use. building, structure or portion thereof or for the use or § 511-118. Permit applications. occupancy of any premises or accessories thereto unless the A. Every application for a building or use permit or for a plans, specifications and proposed use of said building or permit to demolish, remove or relocate any building shall structure and the proposed use of said premises and contain a statement verified under oath by the owner or his accessories thereto conform in all respects to the provisions of authonized this chapter. Amy pen-nit issued for the construction or agent, revealing the use or uses to which the premises or alteration of any building or for the use or occupancy of any proposed building is to be devoted. premises contrary to the provisions of this chapter shall be Such statement shall be made on a form provided by the void. Any material misstatement of fact by an applicant for a Commissioner- of inspections and Licenses. permit or any material misrepresentation in his plans or Commissioner of Permit and Inspection Services. specifications shall render void any pen-nit granted thereon. B. One (1) copy of the statement and plat shall be D. The Commissioner- of Inspections and licenses certified as referred, approved or disapproved by said Director- Commissioner of Permit and Inspection Services may cause Commissioner and thereupon transmitted with a copy of the any building, structure or premises to be inspected and permit, if issued, to the Board of Appeals. The above examined and order in writing the remedying of any conditions requirements shall not exclude the obligation to furnish found in violation of regulations of this chapter. any other applications, specifications, plans or information § 511-117. Issuance of permits. required by the Building Ordinance of the City of Buffalo or the A. Any and all permits issued by the Commissioner- laws of the State of New York. of inspections and Licenses Commissioner of Permit and § 511-119. Certificates of occupancy and compliance. Inspection Services under authority of this chapter shall not A. No building hereafter structurally altered or erected become effective until three (3) days, excluding Saturdays, shall be used or changed in use, wholly or in part, nor premises Sundays and holidays, after a copy thereof has been delivered occupied or used, wholly or in part, until a certificate of to the office of the Board of Appeals to give opportunity for the occupancy and compliance shall have been issued by the filing by an aggrieved party with the officer from whose action Commissioner of inspections and an appeal is taken, and also with the Board of Appeals, a notice Licenses Commissioner of Permit and Inspection Services to of appeal specifying the grounds thereof Said notice of appeal the effect that the building or premises complies with the shall automatically further stay the operation of the permit until provisions of this chapter. A like certificate shall be issued to a decision of the Board has been rendered, which decision maintain, renew, change or extend a nonconforming use. Said must be duly observed by the Commissioner- of Inspections certificate of occupancy and and Licenses .Commissioner of Permit and Inspection compliance for the whole or a part of any building or premises Services. shall be applied for coincident with the application for a building B. No decision of the Board of Appeals authorizing any or use permit and shall be issued within ten (10) days after the permit shall be of force and effect after a period of six (6) erection or structural alteration of such building or part shall months from the date of said decision unless before the have been completed in conformity with the provisions of this expiration of said period the applicant files his revised or final chapter. In case there is no erection or structural alteration of a plans with the Commissioner- of Inspections and Licenses building on any premises but there is, however, a proposed Commissioner of Permit and Inspection Services in change of use of such premises only, accordance with said decision. a certificate of occupancy and compliance shall be issued by C. In the case of an application for the use of a building the Commissioner- of inspections and Licenses or premises where such use would be nonconforming or would Commissioner of Permit and Inspection Services after the be such an accessory use as permitted and described in § establishment of such use, except for one- and two-family 511- 12K(l) of this chapter, no building or use permit shall be dwellings where there is not combined therewith an accessory issued until five (5) days after notice of the request for such use incidental to a home occupation or profession allowed by permit has been filed with the City Planning Board and has this chapter. been served by the Commissioner of Inspections and B. A record of all said certificates shall be kept in the Licenses Commissioner of Penmit and Inspection Services, office of the Commissioner of inspections and Licenses either by mail or by personal service in the manner and as Commissioner of Permit and Inspection Services. No such prescribed by § 511-1261)(2) of this chapter, on all owners of certificate of occupancy and compliance, however, shall be property having a frontage on either side of the same street or issued by the Commissioner- of inspections and Licenses streets as the premises for which the pen-nit is sought and Commissioner of Permit and Inspection Services upon the within one hundred (100) feet in either direction from the completion of the construction or structural alteration of any frontage of said premises, and also all owners of property building where any plans for said work are required situate within fifty (50) feet of the rear or side lot line of said by law to be examined by any other city officer or any other premises. city bureau, division or department until said Commissioner- D. No permit issued by said Commissioner- of of Inspections and Licenses Commissioner of Permit and Inspections and Licenses Commissioner of PermitInspection and Inspection Services, whether by authority of the Board or Services has been notified by such other officer, bureau, pursuant to powers vested in him by law as division or department that such plans have been examined. such Commissioner, shall be effective after six (6) months from C. Upon written request from the owner or his duly its date of issuance unless, within said period of six (6) authorized agent, the Commissioner of Inspections and months, the erection, alteration or repair of any building or Licenses Commissioner of Permit and Inspection Services structure or, in the case of an application for the use of shall issue a certificate of occupancy and compliance for any premises not involving the building or premises legally existing at the effective date of this erection, alteration or repair of any building or structure, the use amended chapter, certifying, after inspection, the extent and of the premises for the purposes designated in said permit kind of use made of the shall have been commenced. All work covered by any such building or premises and whether such use conforms to the Licenses Commissioner of Permit and Inspection Services or provisions of this chapter. In case the use of the building or to decide in favor of the applicant any matter upon which it is premises is nonconforming, said certificate shall not be issued required to pass under this chapter or to giant any variation except when authonized by the Zoning Board of Appeals and, if from the issued, shall be clearly marked "Nonconforming." requirements of this chapter. Every decision of such Board § 511-120. Penalties for offenses. shall, however, be subject to review as provided in Article 78 of A. Any person, firm or corporation who shall erect or alter any the Civil Practice Law and Rules and within the time limited by building or use any building, structure or premises for any § 82 purpose without first having obtained the permit or consent of the General City Law. Such appeal may be taken by any herein provided for shall be guilty of a violation of this chapter person aggrieved or by an officer, department, board or bureau and, upon conviction thereof, shall be liable to a fine or penalty of the city. of not more than two hundred fifty dollars ($250.) for each G. The Corporation Counsel may assign one (1) of his offense. The owner or owners of any building or any premises assistants to advise and assist the Board at all meetings. The or part thereof where anything in violation of this chapter Board may call on other city departments for assistance in the shall be placed or shall exist and any architect, builder, performance of its duties, and it shall be the duty of such other contractor, agency, person or corporation employed in departments to render such assistance to the Board as may be connection therewith and who shall have assisted in the reasonably required. commission of any such violation shall each be § 511-122. Applications and appeals. guilty of a separate offense and upon conviction thereof shall A. Filing applications. be liable to a fine or penalty of not more than two hundred fifty (1) An application to the Zoning Board of Appeals, in dollars ($250.) for each violation. Any person, firm or cases in which it has original jurisdiction under the provisions corporation who or which shall violate any of the provisions of of this chapter, may be taken by any property owner or tenant this chapter shall be liable to a fine or penalty of not more than or by a governmental officer, department, board or bureau. two hundred fifty dollars ($250.) for each violation or offense. (2) Such application shall be filed with the Each day that a violation is permitted continues to exist shall Commissioner- of inspections and Licenses Commissioner constitute a separate offense. of Permit and Inspection Services, who shall transmit the B. The Commissioner- of Inspections and Licenses same, together with all the plans, specifications and other Commissioner of Permit and Inspection .Services may institute papers pertaining to the application, to the Board. Any such any appropriate action or proceeding to prevent the unlawful application, except by a governmental agency, shall be erection, relocation, extension, enlargement or alteration of any accompanied by a filing fee as provided in Chapter 175, Fees. building or structure or to prevent the B. Filing appeals. An appeal to the Zoning Board of unlawful use of land, to restrain, correct or abate such Appeals from any ruling of any administrative officer violations, to prevent the occupancy of said building, structure administering any portion of this chapter may be taken by any or land or to prevent any illegal act, business or use in or about property owner or tenant or by any governmental officer, the department, board or bureau affected. Appeals to the Board premises. shall be taken by filing with the officer from whose action the ARTICLE XXIV, Appeals and Variances appeal is taken and with the Board, a notice of appeal § 511-121. Zoning Board of Appeals. specifying the grounds therefor. Any such appeal, except by a A. Creation and membership. The Mayor shall appoint a Zoning governmental agency or authorized officer thereof, shall be Board of Appeals, pursuant to the provisions of §§ 81 and 81 accompanied by a filing fee as provided in Chapter 175, Fees. -a of the General City Law, consisting of five (5) members Notice of appeal. The notice of appeal in any case where a whose terms of office, commencing March 12, 1955, shall be permit has been granted by the Commissioner- of as follows: two (2) members for terms of office of one (1) year, Inspections and Licenses Commissioner of Permit and two (2) members for terms of office of two (2) years and one Inspection Services shall be filed within three (3) days, (1) member for a term of office of three (3) years. The terms of excluding Saturdays, Sundays and holidays after notice of the office of the successors of such members shall be three (3) grant of the permit has been delivered to the Board. In all other years. cases, notice of appeal shall be filed within twenty (20) days B. One (1) member of said Board shall be designated by the after the denial of the pen-nit has been delivered to the Board. Mayor to act as Chairman. The City Clerk shall be the Clerk of The Commissioner- of Inspections and Licenses said Board. The Board may employ a staff within the limits of Commissioner of Permit and Inspection Services shall its appropriation. forthwith transmit to the Board all papers constituting the C. The Zoning Board of Appeals shall have the power to adopt, record upon which the action appealed from was taken or, in for its procedure and government, rules not inconsistent with lieu thereof, certified copies of said papers. law or ordinance. D. Referral to City Planning Board. Any application or D. Meetings of the Board shall be held at the call of the appeal addressed to and received by the Board may, at its Chairman and at such other times as the Board may determine. discretion, be referred to the City Planning Board for a written The Chairman or, in his absence, the Acting Chairman shall report thereon, which report shall be submitted within two (2) administer oaths to all witnesses and, where necessary, weeks after such referral. compel the attendance of witnesses by subpoena. E. Notice of hearing. When an application or appeal E. Hearings of the Board shall be public. The Board shall keep has been filed in proper form and with the required data, the complete minutes of its proceedings, showing its findings and Clerk shall immediately place said application or appeal upon reasons for its decisions, all of which shall be filed promptly in the calendar for hearing and at once cause notices stating the the office of the Board and shall be a public record. time, place and object of the hearing to be served either by mail F. The presence of four (4) members shall constitute a or by personal quorum. The Board shall act by resolution. The concurring vote (1) Application for special exception or appeal for hardship of four (4) members of such Board shall be necessary to variance: all owners of property having a frontage on either side reverse any order, requirements, decision or determination of of the same street or streets as the premises for which the the Commissioner- of Inspections and permit is sought and within three hundred (300) feet in both directions from the frontage of said premises and also all owners of property situate within fifty (50) feet of the rear or such use does not exceed more than sixty (60) feet from the side lot line of said premises. boundary of the C, CM or M District which it adjoins; access (2) Application for interpretation as to conforming equivalent driveway or walk connecting premises in a C, CM or M District use classification: all owners of property having a frontage on with a public street, provided that such driveway or walk does either side of the same street or streets as the premises for not extend mare than twenty (20) feet from the boundary of which the permit is sought and within one hundred (100) feet in such district. both directions from the (4) Transitional uses, including any use permitted and frontage of said premises and also all owners of property as regulated in the R5 District, may be permitted in the R3 situate within fifty (50) feet of the rear or side lot line of said District where the side of a lot abuts on a lot in any C, CM or M premises. District, provided that such transitional use does not extend (3) Appeal from alleged error or misinterpretation: the more than sixty (60) feet from the boundary of the C, CM or M appellant, the Commissioner of Inspections and Licenses District which it adjoins. Commissioner of Permit and Inspection Services or other (5) Offices and clinics of physicians, surgeons, administrative official concerned, and the person or persons, if dentists, attorneys, architects or professional engineers. (See § any, for whose benefit the order, requirement, rule, regulation 511-20E.) or determination was made by said Commissioner or other (6) Special administrative office uses as covered under administrative official. § 511-24H by the Zoning Board of Appeals. F. Adjournment of hearing. Upon the hearing any (7) Subject to special requirements listed under § application or appeal, the Board may adjourn the hearing for a 511-16G, the following uses may be permitted in an R3 reasonable period for the purpose of causing such further District: rooming or boarding house, fraternity or sorority house notice as it deems proper to be served upon such other or nursing or convalescent home. property owners or other persons as it decides may be (8) Temporary structures and uses: the temporary use interested in said application or appeal. of a structure and premises in an undeveloped or sparsely § 511-123. Decisions. developed district for a purpose or use that does not conform to A. The Board shall decide each application or appeal the provisions of this chapter for the district in which it is to be within thirty (30) days after the final hearing thereon, but not located, provided that such use is of a truly temporary nature sooner than two (2) weeks after such matter has been referred and does not involve the erection of any permanent structure. to the City Planning Board, unless the written report of the City The Board may grant therefor a temporary and revocable Planning Board with respect thereto shall have been sooner permit for not more than a twelve-month period, subject to such submitted. conditions as will safeguard the public health, safety, B. A certified copy of the Board's decision, including all terms convenience and general welfare. and conditions, shall be transmitted to the Commissioner- of (9) Private fuel storage: installation of equipment for storage of Inspections and Licenses Commissioner of Permit and flammable liquids known as "Class P or "Class 11" in Inspection Services and shall be binding upon and observed by quantities exceeding two hundred eighty (280) gallons for him, and he shall fully incorporate such terms and conditions of private, noncommercial use, subject to approval by the Fire the same in the permit to the applicant or appellant whenever a Department. permit is authorized by the Board. (10) Temporary storage of an unregistered motor vehicle may § 511-124. Stay of proceedings. be permitted by granting a temporary and revocable permit for An appeal shall stay all proceedings in furtherance of the action not more than a twelve-month period, subject to such appealed from, unless the Commissioner- of Inspections conditions as will safeguard the public health, safety, and Licenses Commissioner of Permit and Inspection convenience and general welfare. Services certifies to the Board of Appeals, after notice of (11) Front yard exceptions in the downtown zones: Exceptions appeal shall have been filed with him, that, by reason of facts to the requirement to build to the front property line may be stated in the certificate, a stay would, in his opinion, cause permitted if the proposed exception does not conflict with the imminent peril to life or property, in which case proceedings purpose of the district, cause interruption in design continuity of shall not be stayed otherwise than by restraining order which the applicant's property and adjacent properties or adversely shall be granted by the Board of Appeals or by the Supreme affect the public right-of-way. Court, on application, on notice to the Commissioner- of (12) Side yard exceptions in the downtown zones: Exceptions Inspections and Licenses Commissioner of Permit and to the side yard regulations may be permitted if the proposed Inspection Services and on due cause shown. exception does not cause undue interruption in the design § 511-125. Powers and duties of Board. continuity of the applicant's property with adjacent properties, A. Special exceptions. The Board of Appeals shall have result in unsightly conditions, create a problem for maintenance the power to hear and decide, in accordance with the or provide a perceived threat to the safety of pedestrians. provisions of this chapter, all applications filed as herein before (13) Signs: exceptions to area and height restrictions as specified for special exceptions upon which the Board is permitted in the zoning regulations, subject to any conditions authorized to pass. The Board shall have the authority to permit imposed by the City Planning Board. the following: B. Alleged error or misinterpretation. In case it is (1) Extension of nonconforming use, subject alleged by an appellant that there is error or misinterpretation in to the limitations of § 511-109. any order, requirement, decision, grant or refusal made by the (2) Extension of use on border of district: the extension Commissioner- of Inspections and Licenses Commissioner of a conforming use or building into a more-restricted district of Permit and Inspection Services or other administrative immediately adjacent thereto but not more than twentyfive (25) official having authority to issue licenses or permits in the feet beyond the dividing line of the two (2) districts, under such carrying out or enforcement of the provisions of this chapter, an conditions as will safeguard the character of the more appeal may be filed in the manner herein before restricted district. specified and a decision shall be made by the Zoning _Board of (3) Transitional uses may be permitted in the R2 District Appeals. where the side of a lot abuts upon a lot in any C, CM or M C. Variances in hardship cases. District as follows: any use permitted and as regulated in the (1) Where there are practical difficulties or unnecessary R3 District, except a fraternity or sorority house, provided that hardship in the way of carrying out the strict letter of this chapter, the Board shall have the power, in passing upon That this Common Council encourages Geico's full and most appeals, to vary or modify the application of any of the serious consideration of potential cites within the City of regulations or provisions of said chapter relating to the use, Buffalo. construction, structural changes in, equipment or alteration of Be It Further Resolved: buildings or structures or the use of land so that the spirit of That this Common Council pledges to work with local economic said chapter shall be observed, public safety and welfare development officials and Geico officials to bring Geico's secured and substantial Justice done. regional sales and servicing center to the City of Buffalo, and to (2) The hardship suffered must be a unique and special insure that Buffalo's sites are equally comparable to the hardship applying to the premises in question but not applying suburban alternatives currently under consideration. generally to other premises in the same district. It must not be ADOPTED. self-created by any person having an interest in the property or the result of mere disregard for or ignorance of the provisions NO. 151 of this chapter. Any relief granted shall be only that reasonably By: Mr. Franczyk required to effect substantial justice, shall not be arbitrary or OPPOSITION TO FTAA discriminatory and shall be granted with due consideration for WHEREAS: several U.S. City and County Councils have its effect on the ultimate development of the district in accord adopted strong resolutions against extending the North with the Zoning Map. American Free Trade Agreement (NAFTA) model to the rest of (3) The following types of cases shall be construed as the Western Hemisphere via the Free Trade Area of the eligible for consideration as hardship cases within the meaning Americas (FTAA) and incorporating trade rules about services of this chapter: from the World Trade Organization (WTO); and (a) Unusual size or shape of lot: where, by reason of WHEREAS: the implementation of NAFTA has brought a loss exceptional narrowness, shallowness or shape of a specific of 766,000 jobs in the United States and New York State has piece of property at the time of the effective date of this experienced the loss of 46,000 jobs, including 33,000 jobs in amended chapter or by reason of exceptional topographic manufacturing sectors under NAFTA trade rules, and those conditions or other extraordinary and exceptional physical numbers are still increasing; and situation or condition of such piece of property, the literal WHEREAS: the implementation of NAFTA has allowed foreign enforcement of the requirements of this chapter pertaining to investors to challenge basic functions of state and local yards or other space relationship would result in peculiar and government, and is creating fiscal pressure on the United exceptional practical difficulties or States to preempt or push for changes in state or local law as E. In exercising its powers, the Zoning Board of illustrated by the $970 million claim challenging California's Appeals, in conformity with the provisions of this chapter decision to phase out a poisonous gasoline additive (MTBE); and § 81 of the General City Law of the State of New York, may and reverse or affirm, wholly or partly, or may modify the order, WHEREAS: the FTAA, while continuing NAFTA's assault on requirement, decision or determination appealed from and may manufacturing workers, could threaten and undermine the jobs make such order, requirement, decision or determination as, in and livelihoods of thousands of workers and contribute to the its judgment, ought to be made. decline of the standard of living in our local economy and It is hereby certified, pursuant to Section 3-19 of the Charter, community as well as the global economy; and that the immediate passage of the foregoing ordinance is WHEREAS: the FTAA also threatens the rights of citizens to necessary. use the democratic process to enact laws and regulations in NOTE: Matter in bold to be deleted; matter underlined is new. the public interest; and REFERRED TO THE COMMITTEE ON LEGISLATION WHEREAS: NAFTA, the WTO and the FTAA are "corporate rights charters": secretive, undemocratic and unaccountable NO. 150 institutions that act against the public interest through By: Mr. Fontana deregulation and privatization, and which impose the rights of GEICO INSURANCE corporations over the labor, health, safety, consumer, Whereas: Geico, a wholly owned subsidiary of Berkshire environmental and human rights of citizens; and Hathaway, is the nations largest direct marketer of insurance; WHEREAS: "Fast Track' negotiating authority allows the US and, President to push the FTAA through Congress with limited Whereas: Geico is continuing to study potential sites in the debate and no amendments; and Buffalo area for a new regional sales and servicing center; and, WHEREAS: the Western New York Fair Trade Coalition is Whereas: The center which would cover six New England organizing a large Buffalo contingent to the Miami FTAA Call states and possibly upstate New York is expected to have an To Action as well as participating in local solidarity actions; initial 300-member work force that is expected to grow NOW, THEREFORE, BE IT RESOLVED: that the Buffalo eventually to 2,500; and, Common Council calls upon other Western New York area Whereas: The office facility desired could be as large as elected representatives to energetically oppose the FTAA, and 250,000 square feet; and, adopt a resolution against the FTAA; and Whereas: Geico is currently talking with several developers BE IT FURTHER RESOLVED: that the Buffalo Common and working with the State of New York and several local Council urges our congressional representatives to support H. economic development officials to put together costs and Con. Res. 276, S. Con. Res. 69 and to reject the FTAA and incentives to determine the best site; and, work for fair trade agreements that raise labor and Whereas: Though it has been reported that Geico prefers a environmental standards; and be it finally suburban location, the City of Buffalo can provide the quality RESOLVED: that the Buffalo Common Council supports workforce that Geico desires; and, activities such as the anti-FTAA ballot, the rally in Buffalo, while Whereas: The City of Buffalo can provide a number of similar gatherings occur in Miami November 19-21, 2003. attractive, conveniently located sites to accommodate Geico's ADOPTED. expansion requirements. Now, Therefore, Be It Resolved: NO. 152 By: Mr. Golombek EXAMINE OPPORTUNITIES TO ENHANCE REVENUES Whereas: The City of Buffalo has experienced difficult financial A. The following are hereby designated as places where times recently and will be facing more harsh times and budget taxicabs may stand while awaiting employment: deficits again this year; and Name Side Location and Number Whereas: With traditional revenue sources, such as taxes, of Street Restrictions of Cabs declining in the City of Buffalo, it is imperative that all potential Lafayette Square South East of Main Street 4 forms of possible revenue be explored; and It is hereby certified, pursuant to Section 3-19 of the Whereas: Currently, many cities have pursued advertising Charter, that the immediate passage of the foregoing ordinance revenue as a way to bring much needed revenues to their is necessary. municipalities as an alternative to tax increases; and APPROVED AS TO FORM Whereas: From Huntington Beach and Long Beach, California, Michael B. Risman to Clearwater, Florida, and St. Charles, Missouri, municipalities Corporation Counsel across the country have formed partnerships with businesses. Note: Matter underline is new. They have put ads on customer receipts, ads on garbage PASSED. trucks, made arrangements with beverage companies to supply AYES-12. NOES-0. community centers, parks, and other public buildings and places with vending machines, NO. 154 put up signs, and received free equipment and services in BY: MR. GOLOMBEK exchange for the company name to be posted on the premises. RESOLUTIONS AUTHORIZING SALE OF These relationships have brought in millions of dollars used to WATERGATE 11 APARTMENTS, TERMINATION OF TAX serve the public; and EXEMPTION Whereas: In the summer of 2003 the City of Buffalo spent over AGREEMENT, DISSOLUTION OF SELLING PARTNERSHIP $600,000 for new police vehicles. There are organizations that AND work to provide public safety vehicles with discreet advertising FORMATION OF PURCHASER PURSUANT TO ARTICLE to municipalities for as little as one dollar. The Town of XI Orchard Park is one of over 100 municipalities that are taking WHEREAS, Watergate 11 Apartments Limited advantage of this incredible opportunity, and Partnership is a New York limited partnership ("Selling Whereas: Revenues from these partnerships could be used to Partnership") and was organized pursuant to Article V of the help cover the expense of mailing city tax, water, and user fee Private Housing Finance Law of the State of New York bills; to help cover expenses at community centers, pools, ice ("PHFL"). rinks, and golf courses; and to assist in maintaining facilities WHEREAS, the Selling Partnership owns certain and real estate that is improved with an apartment complex equipment; commonly known as Watergate 11 Apartments that is located Now, Therefore be it Resolved: at 10-32 Hertel Avenue, Buffalo, New York ("Property"). That the Common Council requests the Corporation Counsel to WHEREAS, the Selling Partnership entered into a work with the Division of Purchasing to issue a new Request certain agreement (the "Tax Exemption Agreement") dated for Proposals (RFP) to identify various opportunities for December 28, 1971 with the City of Buffalo, New York ("City") advertising in the City of Buffalo, which may include ads in tax that exempts the Selling Partnership and the Property from bills, in public facilities, and any partnerships that could be certain taxes. beneficial to the WHEREAS, Partnership wishes to sell the Property city and its residents; and to Watergate 11 Properties, L.P., a New York limited Be it Further Resolved: partnership (the "Purchasing Partnership") and Watergate II That the City of Buffalo immediately examines the opportunity Properties Housing Development Fund Company, Inc., an to participate in a program that supplements the budget by housing development fund company formed pursuant to Article acquiring funding from local, regional and national companies XI of the PHFL (the "HDFC" and together with the in exchange for sponsor recognition on government vehicles. Purchasing Partnership, the "Purchaser"). Raised funds can then be used to purchase vehicles for the WHEREAS, the HDFC will hold legal title to the government entities. Participants in such programs have saved Property and the Purchasing Partnership will hold beneficial their municipalities hundreds of thousands of dollars each year, title to the Property pursuant to a Nominee Agreement to be and entered into between the Purchasing Partnership and the Be it Finally Resolved: HDFC. That the Department of Administration and Finance, WHEREAS, as a condition to the sale of the Comptrollers Office, the Budget Office, and Division of Property from Selling Partnership to Purchaser, the City must Purchasing review this resolution and send their comments approve the following: 1) sale of the Property; 2) termination of and recommendations as to the feasibility of this proposal. the Tax Exemption Agreement; and 3) dissolution of the Selling REFERRED TO THE COMMITTEE ON FINANCE, THE Partnership. CORPORATION COUNSEL, THE COMMISSIONER OF WHEREAS, prior to the formation of the HDFC the ADMINISTRATION AND FINANCE, THE COMPTROLLER, certificate of incorporation must be approved by the THE DIRECTOR OF BUDGET AND THE DIRECTOR OF Supervising Agency of the City of Buffalo. PURCHASE NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the City to approve the sale of the NO. 153 Property to the Purchaser. BY: MR. GOLOMBEK BE IT FURTHER RESOLVED that City approves: ORDINANCE AMENDMENT (a) the sale of the Property to the Purchaser; (b) the termination CHAPTER 437 - TAXICABS AND LIVERIES of the Tax Exemption Agreement, without recapture of any of The Common Council of the City of Buffalo does the taxes that have thus far been exempted pursuant to the Tax hereby ordain as follows: Exemption Agreement; and (c) the dissolution of the Selling That Section 437-19 of Chapter 437 of the Code of Partnership upon conveyance of the Property to the Purchaser. the City of Buffalo be amended to read as follows: BE IT FURTHER RESOLVED that the City § 437-19. Taxi stands. approves the formation of the HDFC. BE IT FURTHER RESOLVED that the City notes issued in anticipation thereof in accordance with Section confirms that the termination of the Tax Exemption Agreement 107.00 d. 9. of the Law. will have no effect on the validity of the PILOT Agreement Section 5. Each of the bonds authorized by this resolution and entered into between the Purchaser and the City. any bond anticipation notes issued in anticipation of the sale of BE IT FINALLY RESOLVED that the City, through said bonds and the renewals of said notes shall contain the its officers, is authorized and directed to execute any and all recital of validity prescribed by Section 52.00 of the Local documents and take any and all actions necessary in Finance Law. Said bonds and said notes shall be general furtherance of this Resolution, including but not limited to the obligations of the City of Buffalo payable as to both principal consent attached hereto as Exhibit A. and interest by a general tax upon all the taxable real property PASSED. within said City without limitation as to rate or amount. The faith AYES-12. NOES-0. and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds NO. 155 and said notes. Provision shall be made annually by By: Ms. Grant: appropriation by said City for the payment of interest on and for BOND RESOLUTION the amounts required for the amortization and redemption of VULCAN STREET RECONSTRUCTION said bonds and said notes. ACCOUNT 3100 Section 6. The validity of the bonds authorized by this Text: (type single space below) resolution or any bond anticipation notes issued in anticipation Bond Resolution of the City of Buffalo, New York,, authorizing of the sale of said bonds may be contested only if the issuance of $500,000 General Improvement Bonds of said (a) Such obligations are authorized for an object or purpose for City to finance the City's share of the cost of the partial which the City of Buffalo is not authorized to expend money, or reconstruction of Vulcan Street between Kenmore Avenue and (b) The provisions of law which should be complied with at the Tonawanda Street, in the City, at the estimated total cost of date of the publication of this resolution are not substantially $500,000. complied with, The Common Council of the City of Buffalo, in and an action, suit or proceeding contesting such validity, is the County of Erie, New York, hereby resolves (by the favorable commenced within twenty days after the date of such vote of not less than two-thirds of all the members of said publication, Common Council) as follows: or Section 1. The Comptroller of the City of Buffalo, in the County (c) Such obligations are authorized in violation of the provisions of Erie, New York, is hereby authorized and directed to issue of the constitution. General Improvement Bonds of said City in the principal Introduced: amount of Five Hundred Thousand Dollars ($500,000), LAID ON THE TABLE. pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the NO. 156 Consolidated Laws of the State of New York (the "Law"), to BY: MRS. LOTEMPIO finance the cost of the partial reconstruction of Vulcan Street EXCUSE COUNCILMEMBER GRAY FROM COUNCIL between Kenmore Avenue and Tonawanda Street, in the City, MEETING. including paving, curbs, sidewalks, drainage, waterline, traffic Whereas: Councilmember Beverly Gray will be unable to attend signals an pavement markings. The estimated total cost of said the specific objects or purposes for which the bonds authorized by Council meeting on Tuesday, November 25, 2003, this resolution are to be issued, including preliminary costs and Now, Therefore, Be It Resolved: costs incidental thereto and the financing thereof, is $500,000 That the Common Council excuses Councilmember Beverly as set forth in the duly adopted 2003 Capital Improvements Gray from attending the Tuesday, November 25, 2003, Budget of said City, as amended. Common Council meeting. Section 2. The proceeds of the sale of the bonds authorized by ADOPTED this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the NO. 157 Capital Projects Fund to the credit of the Department of Public BY: MR. PITTS Works, Division of Engineering, "Vulcan Street Reconstruction BI-NATIONAL BRIDGE TASK FORCE PUBLIC HEARING 2003, Bond Authorization Account No. 3 100, and shall be RESCHEDULED used for the specific object or purpose specified in Section I of WHEREAS: Due to the inclement weather on November 13, this resolution 2003, the public hearing held by the Bi-National Bridge Task Section 3. The City intends to finance, on an interim basis, the Force to review the proposed Final Scoping/Alternative costs or a portion of the costs of said object or purpose for Screening Report was forced to be cancelled; which bonds are herein authorized, which costs are reasonably NOW THEREFORE BE IT RESOLVED: expected to be incurred by the City, pursuant to this Bond That this public hearing has been rescheduled for Thursday, Resolution, in the maximum amount ofS500,000. This December 4, 2003 at 6:00 p.m. in the Council Chambers; Resolution is a declaration of Official Intent adopted pursuant BE IT FURTHER RESOLVED: to the requirements of Treasury Regulation Section 1. 150-2. That, upon the close of the public hearing on this matter, the Section 4. The following additional matters are hereby City of Buffalo will vote to ratify this report and the presence of determined and stated: all parties at this hearing is appreciated. (a) The period of probable usefulness for the ADOPTED. specific object or purpose for which the $500,000 bonds herein authorized are to be issued, within the limitations of § 11.00 NO. 158 a.20. of the Law, is fifteen (15) years. By: Councilmember Thompson (b) Current funds are not required by the Law SET PUBLIC HEARING to be provided as a down payment prior to the issuance of the COMMUNITY WIDE URBAN bonds authorized by this resolution or any bond anticipation RENEWAL AREA 84-86 AND 89 ALEXANDER WHEREAS, Bethel Community Development Corporation That the following persons are hereby appointed as and/or other legal entity to be formed (herein referred to as the Commissioner of Deeds for the term ending December 31, "Redeveloper") has been duly designated as qualified and 2004, conditional, upon the person so appointed certifying eligible Redeveloper in accordance with the rules and under oath to their qualifications and filing same with the City procedures prescribed by the City of Buffalo Urban Renewal Clerk: Agency; and Robert Hellwitz Aayha Johnson WHEREAS, the City of Buffalo Urban Renewal Agency and Carolyn Dellamore the Redeveloper has negotiated a Land Disposition Agreement Total: 3 for 84-86 and 89 Alexander in the Community Wide Urban ADOPTED Renewal Homestead Program, and WHEREAS, the terms of said Land Disposition Agreement NO. 161 have been approved by the City of Buffalo Urban Renewal BY: MR. THOMPSON Agency; and APPOINTMENTS WHEREAS, said Land Disposition Agreement has been COMMISSIONERS OF DEEDS forwarded by the City of Buffalo Urban Renewal Agency to this REQUIRED FOR THE PROPER Common Council for action, pursuant to section 507, PERFORMANCE OF PUBLIC DUTIES subdivision 2(d) of the General Municipal Law; and That the following persons are hereby appointed as WHEREAS, Article 15A of the "General Municipal Law" Commissioner of Deeds for The term ending December 31, requires that the disposition of land in an Urban Renewal 2004, conditional upon the persons so appointed certifying Project may be approved only after a public hearing on due under oath to their qualifications and filing same with the notice. Roslyn Dominico Erika Rodriguez NOW, THEREFORE, BE IT RESOLVED: Laura Rogers 1. That the City Clerk is hereby directed to publish the notice TOTAL 3 attached hereto and marked "Notice of Hearing" in the Buffalo ADOPTED News, no later than the 29th day of November 2003. 2. That this Common Council will conduct a Public Hearing on NO. 162 the matter stated in said "Notice of Hearing" at 2:00 P.M. in the ANNOUNCEMENT OF COMMITTEE MEETINGS Council Chambers on the 9th of December 2003. The following meetings are scheduled. All meetings are held in ADOPTED the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. NO. 159 Regular Committees BY: COUNCILMEMBER THOMPSON Committee on Civil Service Tuesday, December 2, 2003 LAND DISPOSITION AGREEMENT at 9:30 o'clock A.M. 84-86 AND 89 ALEXANDER Committee on Finance following Civil Service Tuesday, BETHEL COMMUNITY December 2, 2003 at 10:00 o'clock A.M. DEVELOPMENT CORP. Committee on Legislation Tuesday, December 2, 2003 at 2:00 WHEREAS, the Buffalo Urban Renewal Agency has o'clock P.M. duly designated Bethel Community Development Corp. and/or Committee on Comm. Dev. Wednesday, December 3, 2003 at other legal entity to be formed as qualified and eligible 10:00 o'clock A.M. Redeveloper in accordance with rules and procedures duly Committee on Education Wednesday, December 3, 2003 at adopted by the Agency, and 2:00 o’clock P.M. WHEREAS, the City Clerk has published a Notice of Special Committees Public Hearing, as required by Section 507, Subdivision 2(d) of Streets Services Monday, December 1, 2003 at 10:00 o'clock the "General Municipal Law" and A.M. WHEREAS, the proposed Land Disposition in Room 1417 City Hall. Agreement has been duly submitted to this Common Council Special Finance Committee Meeting Thursday, December 4, by the Buffalo Urban Renewal Agency; and 2003 at 11:00 o'clock A.M. in Room 1417 to discuss various NOW, THEREFORE, BE IT RESOLVED: items on the Regional Assets Sales Agreement. 1. Bethel Community Development Corp. and/or MBEC Monday, December 8, 2003 at 10:00 o'clock A.M. other legal entity to be formed was duly designated as qualified in Room 1417 City Hall. and eligible Redeveloper by the Buffalo Urban Renewal Public Hearings Agency, is hereby approved as the Redeveloper for 84-86 and Bi-National Bridge Thursday, December 4, 2003 at 6:00 o'clock 89 Alexander in the Community Wide Urban Renewal Area. P.M. 2. That the Mayor, the Chairman, Vice-Chairman, or in the Council Chambers on the Ratification of Bflo/Ft. Erie any officer of the Buffalo Urban Renewal Agency is hereby Public Bridge Authority's Proposed Final Scoping authorized to execute any and all deeds or other documents Document/Alternative Screening Report necessary to convey land described in the proposed "Land (Public Disclaimer): All meetings are subject to change and Disposition Agreement" to Bethel Community Development cancellation by the respective Chairmen of Council Corporation and/or other legal entity to be formed in Committees. In the event that there is sufficient time given for accordance with the terms of said Agreement and for the notification, it will be provided. In addition, there may be consideration recited therein. meetings set up whereby the City Clerk's Office is not made REFERRED TO THE COMMITTEE ON COMMUNITY aware, therefore, unless we receive notice from the respective DEVELOPMENT. Chairmen, we can only make notification of what we are made aware. NO. 160 BY: MR. THOMPSON NO. 163 APPOINTMENTS ADJOURNMENT COMMISSIONER OF DEEDS On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:30 p.m. CHARLES L. MICHAUX III CITY CLERK Board of Police and Fire Pension Proceedings #10 Office of the Mayor-201 City Hall November 20, 2003 Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy Comptroller, Michael Risman, Corporation Counsel; James W. Pitts, Council President-4 Absent: 0 The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of November 2003 amounting to $9,815.24 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-4. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of November 2003 amounting to $10,305.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-4. Noes-0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.