HomeMy WebLinkAboutMN-CA-2022-11-30CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 30, 2022 PRESENT:
Alderperson Cantelmo – Chair
Alderpersons (4): Barken, Defendini, McGonigal, Nguyen OTHERS PRESENT:
Mayor Elect – Lewis
Alderperson (1) – Brock Assistant City Attorney – Josephson Information Systems Manager – Karasin Manager of Organizational Development – Moskowitz
City Attorney – Lavine
Director of Engineering Services – Logue Supervisor of Buildings & Code Enforcement – Fell-DeWalt Acting Police Chief – Joly Insero Rep – Spurgin
Acting Fire Chief – Covert
Deputy Fire Chief – Parsons Chief of Staff – Vavra HR Director – Michell-Nunn Controller – Thayer
Deputy Controller – Andrew
1. Call to Order 1.1 Agenda Review. None.
1.2 Review/Approval of Minutes: Alderperson McGonigal made a motion to approve the minutes from the City Administration Committee meeting held on October 26, 2022. Seconded by Alderperson Nguyen. Motion carried unanimously.
2. Petitions and Hearings of Persons Before Council
2.1 Statements from the Public Union members Jeanne Grace [President – Executive Association], Tom Condzella [President – PBA],
Justin Perkins [President – CSEA DPW], Emily Rodekohr [IPFFA/COU] thanked Council for allowing
them to speak. They expressed their concerns on the poor treatment of City workers, organized labor, toxic work environments, retaining outside counsel for negotiations, and disrespect. They asked that Common Council be involved in negotiations and that the culture/work environment be changed.
2.2 Council Response
Alderperson Defendini thanked the union members for expressing their concerns and speaking about the difficult situations happening with City employees. He stated that long and short term solutions are needed to make work amendable to all.
City Administration Committee Meeting November 30, 2022
Page 2
2.3 Presentation from the City of Ithaca’s Engagement Committee: Manager of Organizational Development Leslie Moskowitz gave a presentation on the status of the City’s Engagement Committee. 2.4 Compensation Study Presentation [Executive Session]: Alderperson Defendini made a motion to go
into Executive Session to discuss the Compensation Study. Seconded by Alderperson Nguyen. Motion
carried unanimously. Alderperson Defendini made a motion to come out of Executive Session. Seconded by Alderperson Nguyen. Motion carried unanimously.
3. Government Administration, Human Resources, and Policy 3.1 2023 SMART Grant – Resolution Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
WHEREAS, The City of Ithaca seeks to improve the performance of public transit and emergency response, and
WHEREAS, the Strengthening Mobility and Revolutionizing Transportation (SMART) grant would allow the City to support these goals, and
WHEREAS, the SMART grant is fully reimbursable and requires no local match,
And, now, therefore, be it
RESOLVED, That Common Council hereby authorizes spending in the first instance to support this grant in the amount of up to $1,782,310,
A vote on the resolution resulted as follows:
Passed unanimously. 3.2 2023 Parking Rates – Resolution Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
WHEREAS, Common Council has considered the proposed 2023 rates for municipal parking facilities in order to meet the adopted 2023 budget revenue projection, and
WHEREAS, parking rates have not been revised since 2020 except for contractual Consumer Price Index (CPI) changes, and
WHEREAS, the Consumer Price Index since 2020 has increased by 13.9% (CPI-U, northeast region),
and
WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2023, and, now, therefore, be it
RESOLVED, That Common Council hereby adopts the proposed 2023 parking rates as follows in the
attached table; and, be it further,
City Administration Committee Meeting November 30, 2022
Page 3
RESOLVED, That all rates shall go into effect January 1, 2023, and shall remain until Common Council
directs otherwise.
Monthly Permits
Actual 2022 Rates Effective 1/1/22
Proposed 2023 Rates Effective 1/1/23 Amount Changed
Seneca Garage, Day and Night
All Levels, Full Access (24/7) $100.00/mo $105.00/mo 5% Increase
Contract with Hotel1 $60.99/mo $62.82/mo 3% Increase
Contract with Cascade Plaza, LLC $100.00/mo $105.00/mo 5% Increase
Green Street Garage, Day and Night
All Levels, Full Access $100.00/mo $105.00/mo 5% Increase
Contract with Cascade Plaza, LLC2 $60.12/mo $68.48/mo 13.9% CPI increase
Cayuga Street Garage, Day and Night
All Levels, including long-term storage $75.00/mo $83.00/mo 10.6% Increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $62.00/mo $72.00/mo 16% Increase
Contract Cornell Rate $59.91/mo $64.51/mo 7.7% Increase
Contract with County (Library)3 $75.00/ mo $83.00/mo 10.6% Increase
TC35 $68.84/mo $73.04/mo 88% of posted rate
Premium Area Rates $135.00/mo $150.00/mo 18% Increase
Dryden Road Garage
Full Access (24/7) $200.00/mo $210.00/mo 5% Increase
Worker’s Special (210 hrs/mo) $159.50/mo $167.47/mo 5% Increase
Other Non-Meter Permit Parking
Contract with County (DSS)3 $55.62/mo $58.40/mo 5% Increase 611 Buffalo St. Parking Lot Permit $30.00/mo $31.50/mo 5% Increase
Weekly Rates
Actual
2022 Rates
Effective 1/1/22
Proposed
2023 Rates
Effective 1/1/23 Amount Changed
Seneca Garage, Day and Night $33.00 $35.00 6% Increase
Green Street Garage, Day and Night $33.00 $35.00 6% Increase Dryden Road Garage, 24 Hours $61.00 $64.00 5% Increase
City Administration Committee Meeting November 30, 2022
Page 4
Hourly Rates4
Actual 2022 Rates
Effective
1/1/22
Proposed 2020 Rates
Effective
1/1/23
Amount
Changed
Seneca, Green, Cayuga Street Garages5
Per hour $1/hour $1/hour No Change
Maximum $10/day $10/day No Change
Dryden Road Garage 0 – 24 $1/hour $1/hour No increase
Maximum $15/day $15/day No Change
Special Event Rate (weekend day entrance fee, 24 hour parking limit)
Downtown garages $5 $5 No Change
Parking Meters and Pay and Display
Downtown $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change
Collegetown $1.50/hr
2 hr. max.
$1.50/hr
2 hr. max. No Change
Thurston & Stewart Ave. & Edgemoor $0.75/hr
9 hr. max.
$0.75/hr
9 hr. max. No Change
Foot Notes 1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 – Up to 100 permits in Seneca Street Garage at posted rate (except handicap permits, are at special
Cayuga Garage rate); up to 20 permits in Green Street Garage (these permits will not be usable at any other garage), up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. During reconstruction of the Green Street Garage (anticipated March 2021-September
2023) the three existing permit holders in Green Street garage will be permitted in the Seneca Street Garage for the Green Street Garage rate of $68.48/month. 3 – Commencing in 2015, the rate for County’s Mental Health and Library employees is 100% of the market rate.
4 – Fees charged: Downtown garages 2:00 a.m. to 11:00 p.m., Monday through Friday: Dryden Road garage, 24 hours / 7 days. 5 – The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and
customers, for which the City charges TC3 88% of posted rates for the accumulated parking fees. A vote on the resolution resulted as follows:
City Administration Committee Meeting November 30, 2022
Page 5
Passed unanimously.
3.3 Inter-City Bus Analysis – Resolution Moved by Alderperson McGonigal. Seconded by Alderperson Defendini.
WHEREAS, The City of Ithaca seeks to improve operations of inter-city buses in downtown, and
WHEREAS, the existing operations on E Green Street and E Seneca Street lack the ability to accommodate any future expansion of bus operation, have very little nearby parking for pick-up drop-off of passengers, offer no amenities or shelter for passengers and are close to adjacent high-traffic
roadways, and
WHEREAS, the City of Ithaca has collected permit fees from the bus operators for several years and these funds can be used for improvement of inter-city bus operations, and now, therefore, be it
RESOLVED, That Common Council hereby authorizes up to $50,000 of the bus permit income to analyze
up to four locations, including a rebuild of the Seneca Street Garage, for feasibility as an alternative to the existing inter-city bus operations on E Green and E Seneca Streets, and, be it further RESOLVED, that the City Controller be hereby directed to amend the 2022 authorized budget by
transferring an amount not to exceed $50,000 from revenue account A5651-1722 [Permits for DPW] to
appropriation account A5651-1722 [Parking & Contracts] for the purpose of funding said feasibility study. A vote on the resolution resulted as follows: Passed unanimously.
3.4 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District and a Stormwater Easement with Founders Way – Declaration of Lead Agency Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Section 176-6 of
the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and WHEREAS, Common Council proposes to authorize a reciprocal easement agreement between the City of Ithaca and the Ithaca City School District for the exchange of subsurface permanent easements on
parcels of land located at 318 N. Albany Street (Tax Parcel 60.-2-7.1) and 308 N. Albany Street (Tax
Parcel 60.-2-7.2), as well as for a temporary easement on ICSD property, and WHEREAS, Ithaca Neighborhood Housing Services, Inc. is the fee simple owner of certain parcels of real property located in the City of Ithaca and designated as tax parcels 60.-2-5.21, 60.-2-5.22, and 60.-2-5.26,
subject to the Declaration of Condominium Establishing Founders Way Condominium as recorded in the
City Administration Committee Meeting November 30, 2022
Page 6
Tompkins County Clerk’s Office on June 18, 2021, as Instrument Number 2021-06800 (“Founders Way”);
and WHEREAS, Common Council also proposes to authorize a permanent stormwater easement through the Founders Way project to the west in order to provide drainage to the City’s stormwater system on North
Plain Street, and
WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance § 176-4 and the State Environmental Quality Review Act § 617.4 b. and is subject to environmental review, now, therefore, be it
RESOLVED, that the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the Reciprocal Easement Agreement with Ithaca City School District, a temporary construction easement with ICSD and a permanent stormwater easement with
Founders Way.
A vote on the resolution resulted as follows: Passed unanimously.
3.5 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District –
Negative Declaration of Environmental Significance Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, Common Council proposes to authorize a reciprocal easement agreement between the City
of Ithaca and the Ithaca City School District for the exchange of subsurface easements on parcels of land
located at 318 N. Albany Street (Tax Parcel 60.-2-7.1) and 308 N. Albany Street (Tax Parcel 60.-2-7.2), and WHEREAS, Common Council proposes to accept a temporary construction easement on the Ithaca
City’s School District’s property, and
WHEREAS, Common Council proposes to authorize a permanent easement agreement with Ithaca Neighborhood Housing Services, subject to their Declaration of Condominium Establishing Founders Way Condominium, and
WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b and is subject to environmental review, and
WHEREAS, Common Council, as the agency having primary responsibility for approving and funding
or carrying out the action did, on December 7, 2022, declare itself Lead Agency in Environmental Review, and
City Administration Committee Meeting November 30, 2022
Page 7
WHEREAS, Common Council, acting as Lead Agency, has, on December 7, 2022, reviewed and
accepted as complete a Short Environmental Assessment Form (“SEAF”) prepared by City staff and other related materials, and WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the
Environmental Information and potential environmental impacts associated with the action, has
determined, as more clearly elaborated in the SEAF, that the proposed action to accept and execute the above noted easements will not have any potentially significant adverse environmental impacts, now, therefore, be it
RESOLVED, that Common Council determines that the proposed easements will result in no significant
adverse impact on the environment and this resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with CEQRO and SEQRA.
A vote on the resolution resulted as follows: Passed unanimously. 3.6 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District to
Facilitate Construction of a Gymnasium for the Greater Ithaca Activities Center
Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, the City of Ithaca (“City”) holds title to parcels of land at 321 Court Street (Tax Parcel 60.-2-5.1) (“Gym Parcel”) and 318 N. Albany Street (Tax Parcel 60.-2-7.1) (“GIAC Parcel”), and
WHEREAS, the Ithaca City School District (“ICSD”) holds title to a parcel of land at 308 N. Albany Street (Tax Parcel 60.-2-7.2) (“ICSD Parcel”), and WHEREAS, the City desires to renovate and expand a gymnasium located on the Gym Parcel for the
use of the Greater Ithaca Activities Center, which will require the placement of certain subsurface
improvements and utilities beneath the ICSD Parcel; and WHEREAS, the City desires to obtain, and ICSD is willing to grant, a permanent easement from ICSD for the purpose of locating said improvements and utilities and a temporary easement for the purpose of
constructing the same;
WHEREAS, ICSD desires to obtain, and the City is willing to grant, a permanent easement beneath the GIAC Parcel roughly equivalent in area to and on similar terms as the permanent easement sought by the City beneath the ICSD Parcel; and
WHEREAS, General Municipal Law 72-h authorizes the exchange of real property and interests therein between cities and school districts; and
City Administration Committee Meeting November 30, 2022
Page 8
WHEREAS, City staff and ICSD have negotiated a reciprocal easement agreement (“REA”) setting
forth mutually agreeable terms for the exchange of easements on the ICSD Parcel and the GIAC Parcel, a copy of which is appended to this Resolution; and WHEREAS, Ithaca Neighborhood Housing Services, Inc. is the fee simple owner of certain parcels of
real property located in the City of Ithaca and designated as tax parcels 60.-2-5.21, 60.-2-5.22, and 60.-
2-5.26, subject to the Declaration of Condominium Establishing Founders Way Condominium as recorded in the Tompkins County Clerk’s Office on June 18, 2021, as Instrument Number 2021-06800 (Founders Way Parcel); and
WHEREAS, the City desires to obtain, and INHS is willing to grant, a permanent stormwater easement
through the Founders Way project to allow for stormwater drainage to the City’s stormwater drainage network in North Plain Street, and WHEREAS, on December 7, 2022, the Common Council of the City of Ithaca, acting as lead agency in
environmental review, determined that the proposed action will result in no significant adverse impact
on the environment; be it hereby RESOLVED, that the Mayor, in consultation with the City Attorney, is authorized to execute a reciprocal easement agreement in a form substantially similar as the draft appended hereto, and a
temporary construction easement, as well as any such additional documents as shall be necessary to
effectuate the transfer of the easements on the ICSD Parcel and GIAC Parcel, and, be it further RESOLVED, that the Mayor, in consultation with the City Attorney, is authorized to execute a permanent stormwater easement agreement in a form substantially similar as the draft appended hereto,
as well as any such additional documents as shall be necessary to effectuate the easement on the
Founders Way Parcel and GIAC Parcel. A vote on the resolution resulted as follows: Passed unanimously.
3.7 An Ordinance Amending Ithaca City Code Chapters 146, “Building Code Enforcement,” and 181, “Fire Prevention,” to Conform with Revised 19 NYCRR Part 1203 Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
WHEREAS, pursuant to Executive Law § 381(1) and Energy Law § 11-107, the Department of State is
authorized to promulgate regulations establishing minimum standards for administration and enforcement of the Uniform Code and Energy Code, and, unless otherwise prescribed by the Secretary of State, Executive Law § 381(2) requires local governments to administer and enforce the Uniform Code and Energy Code, and
WHEREAS, Part 1203 of Title 19 of the NYCRR sets minimum standards for administration and enforcement of the state Uniform Code and Energy Code, and WHEREAS, the December 29, 2021, issue of the State Register announced that a new version of Part
1203 has been adopted with an effective date of December 30, 2022, and
City Administration Committee Meeting November 30, 2022
Page 9
WHEREAS, the revised Part 1203 requires municipalities to enact certain changes to local code enforcement provisions to conform with new requirements, and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapters 146 and 181 of the
Ithaca City Code to conform to the revised version of Part 1203; now, therefore
ORDINANCE 2022-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative findings, intent, and purpose. The Common Council finds that the updates to Part 1203 of Title 19 of the NYCRR require certain amendments to Chapters 146 and 181 of the Ithaca City Code. The purpose of this ordinance is to amend those chapters such that the Ithaca City Code shall conform to the revised state requirements, and to
make such other amendments as may be necessary to further the purposes of Chapters 146 and 181 of
the Ithaca City Code. Section 2. Amendments to Chapter 146 of the Ithaca City Code The following portions of Chapter 146 of the Ithaca City Code are hereby amended as follows:1
§146-3 Definitions … REPAIR The patching, restoration, reconstruction, replacement, or renewal of any part of an existing building
with the same or similar materials for the purpose of its maintenance or to correct damage.
… §146-4 Administrative officers and functions. …
K. Compliance orders.
(1) The Director of Planning and Development or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, or this chapter. Upon finding that any such condition or activity exists, the
Director of Planning and Development or his/her designee shall issue a compliance order. Time
for compliance with order to remedy shall be fixed at 30 days following the date of such order to remedy. The compliance order shall: (a) Be in writing; (b) Be dated and signed by the Director of Planning and Development or his/her
designee;
(c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
1 Strikethrough indicates removals. Underlining indicates additions. Where applicable, the numbering of subsections of Chapter 146 shall also be amended to be consistent with this ordinance. An ellipsis (…) indicates that the portion(s) of the amended sections prior to or following (as applicable) the amendments remains unchanged.
City Administration Committee Meeting November 30, 2022
Page 10
(d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this
chapter which is/are violated by the specified condition or activity; (e) Specify the period of time which the Director of Planning and Development or his/her designee deems to be reasonably necessary for achieving compliance; (fe) Direct that compliance be achieved within the specified period of time; and
(gf) State that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time. … §146-5 Building permits.
A. Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, hazardous materials abatement, removal, relocation or demolition of any building or structure or any portion
thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling
unit, as well as any conversion (as defined by Chapter 325, Zoning, of this Code, or by the Uniform Code). A building permit is required for any exterior work on a building or structure designated as a landmark structure or on a building or structure located within an historic district (see Chapter 228). A building permit is required for any repair or other remedy to a parking garage as stipulated in an order to
remedy issued by the Chief of the Fire Department or Fire Marshal in response to the information
received in a condition assessment report. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department. B. Exemptions. No building permit shall be required for work in any of the following categories except
where such work is located within a designated historic district or in a designated landmark structure or
site (see Chapter 228): (1) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144
square feet (13.38 square meters), no plumbing, electrical or heating equipment service or system
is provided, and that the structure complies with the area and setback requirements of Chapter 325; (2) Installation of swings and other playground equipment; (3) Installation of swimming pools associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) where such pools are designed for a water depth 24 inches
or less and have a water surface area of 100 square feet or less, and are installed entirely above ground; (4) Installation of fences which are not part of an enclosure surrounding a swimming pool; (5) Construction of retaining walls less than four feet in height from grade to the top of the wall
for the entire length of the wall unless such walls support a surcharge of soil or impound Class I,
II or IIIA liquids; (2) Replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications (6)(3) Construction of temporary sets and scenery associated with motion-picture, television and
theater stage sets and scenery uses remaining in place for fewer than 180 days;
City Administration Committee Meeting November 30, 2022
Page 11
(7)(4) Installation of window awnings supported by an exterior wall of a one- or two-family
dwelling or multiple single-family dwellings (townhouses), provided such awnings do not encroach on any right-of-way or project beyond property lines, and are in compliance with the setback requirements of Chapter 325; (8)(5) Installation of partitions or movable cases less than five feet nine inches in height;
(9)(6) Painting, wallpapering, tiling, floor covering and other similar finish work;
(10)(7) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances where such installation requires no extension of permanently installed building electrical, plumbing or HVAC systems; or (11)(8) Repairs that use like material, provided that the repairs do not involve:
(a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of
any structural beam or load-bearing component; (b) The removal or change of any required stairs or means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) Alteration of fire protections systems, or the removal from service of all or part of a
fire protection system for any period of time;
(d) The alteration or removal of required fire separations; (e) The installation, enlargement, alteration, relocation, or extension of electrical or plumbing systems; (f) The alteration, relocation or installation of solid-fuel-burning heating appliances and
associated chimneys or flues; or
(g) The removal or abatement of asbestos or other hazardous material except for paint. C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section
shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the
Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement or other applicable codes and ordinances. D. Application for building permits. Applications shall be made in writing on a form provided by the
Building DivisionDepartment. The application shall be signed by the owner of the property where the
work is to be performed or an authorized agent of the owner. The application shall include such information sufficient to permit a determination by code enforcement personnel that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement and other applicable codes and ordinances. The
application shall include or be accompanied by the following information and documentation:
(1) A description of the location, nature, extent, and scope of the proposed work; (2) The Tax Map number and street address of the premises where the work is to be performed; (3) The occupancy classification of any affected building or structure; (4) Where applicable, a statement of special inspections or certifications prepared in accordance
with the provisions of the Uniform Code and/or Ithaca Energy Code Supplement; and
(5) Where applicable, an Elevation Certificate; (6) At least two sets of cConstruction documents (drawings and/or specifications), in the format of one full-size paper set and one electronic (digital) set, which: (a) Define the scope of the proposed work;
City Administration Committee Meeting November 30, 2022
Page 12
(b) Are prepared by a New York State registered architect or licensed professional
engineer whose signature and seal of registration in New York State shall be legibly imprinted on the plans, where so required by the State Education Law licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the
New York State Education Law and practice guidelines, including but not limited to the
design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm
name (if not a sole practitioner), and, if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number, or where in his/her discretion the Code Enforcement Officer, because of structural, public safety, or other concerns, requires such signed and sealed plans to be submitted, even though the cost or scope of the work may be below the
minimum requirement of the State Education Law;
(c) Indicate with sufficient clarity and detail the nature and extent of the proposed work, including: [1] The location, construction, size, and character of all portions of the means of egress;
[2] A representation of the building thermal envelope;
[3] Structural information including but not limited to braced wall designs; the size, section, and relative locations of structural members; design loads; and other pertinent information; [4] The proposed mechanical, plumbing, electrical, fire-protection, and other
service systems of the building;
[5] A written statement indicating compliance with the Energy Code; (d) Substantiate that the proposed work will comply with applicable codes and ordinances; and (e) Where construction of new buildings or accessory structures, or alterations that
change the footprint of existing buildings or accessory structures is proposed, or where
otherwise applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of the intended work, and the distances between buildings and structures and lot lines, the established street grades and the proposed finished grades, and applicable flood hazard areas, floodways, and design flood
elevations. In his/her discretion the Code Enforcement Officer may require a site survey
prepared by a licensed land surveyor providing the above information. (7) Properly certified documentation of all required insurances, including but not limited to liability insurance and workers' compensation insurance. …
§ 146-8 Certificates of occupancy and certificates of completion. A. Certificate of occupancy. A certificate of occupancy shall be required for all structures, buildings, or
portions thereof, which are newly constructed or are converted from one use or occupancy classification
City Administration Committee Meeting November 30, 2022
Page 13
or subclassification to another use or occupancy or subclassification. Permission to use or occupy a
newly constructed or converted building or structure or portion thereof shall be granted only by the issuance of a certificate of occupancy. B. Certificate of completion. A certificate of completion shall be required for any work which is the
subject of a building permit, other than building permits issued for projects subject to the provisions of
Subsection A of this section. C. Issuance of certificates of occupancy and certificates of completion. The Director of Planning and Development or authorized code enforcement personnel shall issue a certificate of occupancy or
certificate of completion if the work which was the subject of the building permit was completed in
accordance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance and/or, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all provisions of the Uniform Code, the Energy Code, the
Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance. The Code Enforcement
Officer shall inspect the building, structure, or work prior to the issuance of a certificate of occupancy or certificate of completion. The Code Enforcement Officer shall, where applicable, verify the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. In addition, where applicable, the following documents prepared
in accordance with the provisions of the Uniform Code or other requirements set forth by applicable
Code or provisions of this chapter by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for a certificate of occupancy or a certificate of completion shall be provided to received and reviewed by the Code Enforcement Officer to determine such information adequately demonstrates compliance with applicable
provisions of the relevant codes prior to the issuance of the certificate of occupancy or certificate of
completion: (1) An application on a form provided by the Building Department stating the final project cost, and submitted at least seven working days before the certificate is desired; (2) All certifications and/or approvals required by the code enforcement personnel;
(3) A written statement of structural observations and/or a final report of special inspections; and
(4) Flood hazard certifications.; and (5) Written statements of the results of tests performed to show compliance with the Energy Code.
D. Contents of a certificate of occupancy or certificate of completion. A certificate of occupancy or
certificate of completion shall contain the following information: (1) The building permit number; (2) The date of issuance of the building permit; (3) The name, address and Tax Map number of the property;
(4) If the certificate of occupancy or certificate of completion is not applicable to the entire
structure, a description of that portion of the structure for which the certificate is being issued; (5) The use and occupancy classification of the structure; (6) The type of construction of the structure; (7) The assembly occupant load of the structure, if any;
City Administration Committee Meeting November 30, 2022
Page 14
(8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is
required; (9) Any special conditions imposed in connection with the issuance of the building permit or any variances pertaining thereto; (10) The signature of the Director of Planning and Development or authorized code enforcement
personnel issuing the certificate of occupancy or certificate of completion and the date of
issuance. E. Temporary certificates. (1) The Director of Planning and Development or authorized code enforcement personnel shall
be permitted to issue a temporary certificate allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall a temporary certificate be issued unless the Code Enforcement Officer determines that: (a) The building or structure or portion thereof covered by the temporary certificate may
be occupied safely;
(b) All Any required fire- and smoke-detecting or fire protection equipment has been installed, tested, and is operational; (c) All required means of egress from the building or structure have been provided; and (d) For projects subject to site plan review, all improvements required by the site plan
approval, including any conditions placed on such approval, are installed, or until a
sufficient guaranty, in the form of a performance bond, letter of credit, or other security is in place. (2) The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety. A temporary certificate
shall be effective for a period of time, not to exceed six months, which shall be determined by
the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, the City of Ithaca Zoning Ordinance[5] and
the conditions of site plan approval, if any, and any additional requirements set forth by
applicable Code or provisions of this chapter. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in § 146-5K at the discretion of the Code Enforcement Officer.
F. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate
of occupancy or certificate of completion was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified, the Code Enforcement Officer shall revoke or suspend the certificate.
G. Fees. The fee specified in or determined in accordance with the provisions set forth in § 146-5K must be paid at the time of the submission of an application for a certificate of occupancy or certificate of completion or temporary certificate of occupancy.
Section 3. Amendments to Chapter 181 of the Ithaca City Code
City Administration Committee Meeting November 30, 2022
Page 15
The following portions of Chapter 181 of the Ithaca City Code are hereby amended as follows: 2
§ 181-7 Code enforcement official; inspectors. A. Enforcement. Pursuant to § 381 of the New York Executive Law, the City of Ithaca shall be the
entity responsible for enforcement of the New York State Uniform Fire Prevention and Building
Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the Fire Code and the Property Maintenance Code of New York State. B. Code enforcement official. The Chief of the Fire Department or the Chief's designee shall be
considered the code enforcement official for the Fire Code and Property Maintenance Code of New
York State within the City of Ithaca. C. It shall be a violation of this section of the Ithaca City Code to violate any provision of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), adopted pursuant to
Article 18 of the Executive Law, including 19 NYCRR Part 1225 (Fire Prevention), 19 NYCRR Part
1226 (Property Maintenance) and NYCRR Part 1229 (Other Uniform Code Provisions).International Fire Code or the International Property Maintenance Code referenced in 19 NYCRR Part 1225.1. § 181-8 Fire Prevention Bureau.
A. The Fire Prevention Bureau is a division of the Ithaca Fire Department designated by the Chief of the Fire Department for the enforcement and administration of this article. B. Fire Marshal. The Fire Marshal shall be designated by the Chief of the Fire Department. The Fire
Marshal shall be an employee and fire officer within the Ithaca Fire Department. The Fire Marshal
shall be in charge of the Fire Prevention Bureau; and, for the purpose of this article, he/she shall be the Fire Chief's designee as the cCode Enforcement Official. C. Inspectors. The Chief of the Fire Department may designate such members of the Fire Department as
inspectors as shall from time to time be necessary. Inspectors for the purpose of inspection of
buildings or premises and ascertaining and causing to be corrected any violations of 19 NYCRR Part 1225 (Fire Prevention), 19 NYCRR Part 1226 (Property Maintenance), and 19 NYCRR Part 1229 (Other Uniform Code Provisions), along with the publications incorporated therein by reference, the Fire Code and Property Maintenance Code of New York State shall be the career Fire Department
officers or members so designated by the Chief of the Fire Department.
D. Report to Mayor. A report of the Fire Prevention Bureau shall be made annually and submitted to the Mayor. It shall contain all enforcement actions under the Uniform Code, with such statistics as the Chief of the Fire Department may deem necessary to include therein. The Chief of the Fire
Department may also recommend any amendments to this article as he/she may deem to be
desirable.
2 Strikethrough indicates removals. Underlining indicates additions. Where applicable, the numbering of subsections of Chapter 181 shall also be amended to be consistent with this ordinance. An ellipsis (…) indicates that the portion(s) of the amended sections prior to or following (as applicable) the amendments remains unchanged.
City Administration Committee Meeting November 30, 2022
Page 16
§ 181-9. Operating permits for certain uses and materials; fees.
A. An operating permit issued by the Chief of the Fire Department or the Fire Marshal shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with
such activities. Any person who proposes to undertake any new activity or to operate any type of
new building listed in this section shall be required to obtain an operating permit prior to commencing such activity or operation. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief or the Fire Marshall shall, in his/her discretion,
determine the appropriate duration of an issued permit. Unless otherwise specified in this chapter,
no permit shall be valid for a period of more than one year. B. Before an operating permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where
laws or regulations enforceable by other departments other than the Fire Department are applicable,
joint approval shall be obtained from all departments concerned. C. All applications for an operating permit required by this code shall be made to the office of the Fire Prevention Bureau in such form and detail as it shall prescribe. Applications for permits shall be
accompanied by such plans as are required by the Chief of the Fire Department or the Fire Marshal.
D. Operating permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca fire inspector. The Chief of the Fire Department and the Fire Marshal shall have the authority to revoke a duly issued permit prior to the expiration
thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions
of this chapter regarding said permit, or that the permit holder has violated the terms of the permit. E. The following permits are required: (1) Explosives, ammunition and blasting agents.
(a) An operating permit shall be obtained to:
[1] Manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents. [2] Transport explosives or blasting agents. [3] Use explosives or blasting agents.
[4] Operate a terminal for handling explosives or blasting agents.
[5] Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise. (b) Transport blasting caps or electric blasting caps on the same vehicle with explosivesAn operating permit shall not be issued for: :
[1] Liquid nitroglycerin.
[2] Dynamite (except gelatin dynamite) containing over 60% of liquid explosive ingredient. [3] Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.
City Administration Committee Meeting November 30, 2022
Page 17
[4] Nitrocellulose in a dry and uncompressed condition in a quantity greater than
10 pounds net weight in one package. [5] Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.
[6] Explosive compositions that ignite spontaneously or undergo marked
decomposition, rendering the products or their use more hazardous, when subjected to 48 consecutive hours or less at a temperature of 167° F. [7] New explosives until approved by the United States Department of Transportation, except that permits are permitted to be issued to educational,
governmental or industrial laboratories for instructional or research purposes.
[8] Explosives condemned by the United States Department of Transportation. [9] Explosives not packed or marked in accordance with the requirements of the Department of Transportation. [10] Explosives containing an ammonium salt and a chlorate.
(c) Nothing in this Subsection E(1) shall be construed as applying to:
[1] The transportation of explosive materials when under the jurisdiction of and in compliance with the regulations of the Hazardous Materials Regulation Board of the United States Department of Transportation (DOT). It shall, however, apply to municipal supervision as to compliance with federal
regulations within the jurisdiction of a municipality.
[2] The transportation and use of military explosives by federal and state military departments, nor to the transportation and use of explosive materials by federal, state and municipal governmental departments while in the normal and emergency performance of their duties.
[3] The manufacture, under the regulations of the Department of Defense, of
explosive materials for or their distribution to or storage or possession by the military or naval services or other agencies of the United States or to arsenals, navy yards, depots or other establishments owned by or operated by or on behalf of the United States.
[4] The use of explosive materials in medicines and medicinal agents in the forms
prescribed by the United States Pharmacopeia or the National Formulary. (2) Manufacture, sale, storage, and discharge of fireworks. (a) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the manufacture and storage of fireworks. The Chief of the Fire
Department or the Fire Marshal may restrict the quantity of fireworks that can be
manufactured or stored. (b) The Chief of the Fire Department or the Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fire associations or groups of individuals.
(c) Such permits can be granted upon application to the Chief of the Fire Department
or the Fire Marshal and after approval of the Chief of Police. Applications for permits shall be made, in writing, at least 30 days in advance of the date of the display. No permit granted shall be transferable. (1) Operating Permits required by 19 NYCRR Part 1225, Fire Code of New York State, or
19 NYCRR Part 1203, Uniform Code: Minimum Standards for Administration and
City Administration Committee Meeting November 30, 2022
Page 18
Enforcement, including any and all Operating Permits described therein whether or not
otherwise required by this section. (2) Explosives and Fireworks. Permits shall be required for possessing, manufacturing, storing, handling, selling, or using explosives, fireworks, or other pyrotechnic special effects materials, except the outdoor use of sparkling devices as defined by Penal Law
section 270, and regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter
56. (a) The Chief of the Fire Department or the Fire Marshal may restrict the quantity of fireworks that can be manufactured or stored. (b) The Chief of the Fire Department or the Fire Marshal may adopt reasonable rules
and regulations for the granting of permits for supervised public displays of
fireworks by municipalities, fire associations, or groups of individuals. (c) Such permits may only be granted upon application to the Chief of the Fire Department or the Fire Marshal and after approval of the Chief of Police. Applications for permits shall be made in writing and at least 30 days in advance
of the date of the display. No permit granted shall be transferable.
(d) An operating permit for the use or storage of Explosives shall be valid for a period
not to exceed one year. An application for renewal must be made prior to the
expiration of the current permit.
(e) An operating permit for the use or storage of Fireworks for public display shall be
valid for a period not to exceed one month. An application for renewal must be
made prior to the expiration of the current permit.
(3) Pyrotechnic displays and devices inside buildings. A permit shall be obtained for the
use of pyrotechnic devices in areas of public assembly, or in mercantile, business,
industrial, or storage occupancies. The permit shall be valid for one a period not to exceed 30 days, and shall not be transferable to a different location. Applications for permits shall be made, in writing, at least 30 days in advance of the date of use. A demonstration of the pyrotechnic display and devices shall be witnessed by the Fire
Department prior to use inside any buildingbefore a public gathering.
(4) Hazardous materials. (a) An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in the tables contained in the applicable Maximum Allowable Quantity tables provided in 19 NYCRR Part
1225, Fire Code of New York State, Chapter 50.5003.1.1 (1), (2), (3) or (4) of the
International Fire Code, incorporated by reference in 19 NYCRR Part 1225.1. (b) An operating permit shall be required for the storage or handling at any installation of radioactive materials having a radioactivity greater than one microcurie or any amount of radioactive material for which a specific license from the United States
Nuclear Regulatory Commission is required so as to be reasonably safe to persons
and property. A specific license for the radioactive material obtained from the United States Nuclear Regulatory Commission shall be evidence that such license represents reasonable procedures for safety to persons and property.hazardous
processes and activities, including but not limited to commercial and industrial
operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (c) An operating permit shall be required for facilities that store, handle, or use
City Administration Committee Meeting November 30, 2022
Page 19
hazardous production materials;
[1] “Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials
for Emergency Response), and which is used directly in research, laboratory,
or production processes which have, as their end product, materials that are not hazardous. (d) Reports. [1] Before authorizing the issuance of any operating permit, the Chief of the Fire
Department or the Fire Marshal is permitted to require the applicant to
submit, in writing, one or more of the following: [a] A report from an approved testing laboratory for the physical and chemical properties of the chemical in question whenever such properties are not readily available in published reference or from other recognized sources.
[b] Evidence that the amount of manufacture, processing, storage, use or
transportation of the hazardous chemicals in question is in accordance with nationally recognized safe practices and that no undue hazard to life or property is involved. [c] The qualification, experience and knowledge of the person who is to
supervise the operations involving the particular material.
[d] A hazardous materials inventory report for any building with a research or teaching laboratory containing hazardous materials. [e] A hazardous materials inventory report for any industrial facility using, storing, or producing hazardous materials
[2] Reports concerning materials or processes are permitted to be marked for the
confidential information of the Chief of the Fire Department or the Fire Marshal, who shall use the data contained therein to evaluate the fire and explosion hazard. (e) An operating permit for Hazardous Materials shall be valid for a period not to
exceed one year. An application for renewal must be made prior to the expiration
of the current permit.
(5) Liquefied petroleum gases. (a) An operating permit shall be obtained for: [1] Each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 21,000 gallons' water capacity
used for refilling other gas cylinders.
[2] Each temporary or permanent installation of liquefied petroleum gas, irrespective of the size of the containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include but not be limited to
schools, churches, health-care occupancies, hotels and restaurants, each
having a capacity of 20 or more persons. This section shall not apply to one- or two-family dwellings utilizing appliances supplied with a single cylinder not exceeding 20 pounds' capacity.
City Administration Committee Meeting November 30, 2022
Page 20
[3] Each temporary installation of liquefied petroleum gas, irrespective of the
size of the containers, for the purpose of providing temporary heat for buildings or other structures under construction. [4] Each temporary installation of liquefied petroleum gas, irrespective of the size of the containers, for the purpose of providing temporary heat at an
outdoor public gathering.
(b) Where the nature of the adjoining occupancy, the proximity of adjacent buildings or unusual conditions indicate the need, the Chief of the Fire Department or Fire Marshal may require the submittal of plans to the Fire Prevention Bureau prior to making the installation; and if compliance with the requirements of this code is
shown by said plans, an operating permit shall be issued.
(c) Installers shall report all installations for which an operating permit is not required, not including installations of gas-burning appliances, but including heater-container units, and have them available for inspection by the Bureau of Fire Prevention.
(d) An operating permit for temporary installations of Liquid Petroleum Gases shall be
valid for a period not to exceed one year. An application for renewal must be made
prior to the expiration of the current permit.
(6) Lumberyards and woodworking plants. An operating permit shall be required for the storage of lumber exceeding 100,000 board feet. (a) An operating permit for Lumberyards and Woodworking Plants shall be valid for a
period not to exceed one year. An application for renewal must be made prior to
the expiration of the current permit.
(7) Combustible Dust-producing Operations. An operating permit shall be required for
facilities where the operation produces combustible dust regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 22. (a) An operating permit for Combustible Dust-producing Operations shall be valid for
a period not to exceed one year. An application for renewal must be made prior to
the expiration of the current permit.
(8) Flammable Finishes. An operating permit shall be required for operations utilizing
flammable or combustible liquids or the application of combustible powders regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 24. (a) An operating permit for Flammable Finishes shall be valid for a period not to
exceed one year. An application for renewal must be made prior to the expiration
of the current permit.
(9) Fruit and Crop Ripening. An operating permit shall be required for operating a fruit or
crop ripening facility or conducting a fruit-ripening process using ethylene gas regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 25. (a) An operating permit for Fruit and Crop Ripening shall be valid for a period not to
exceed one year. An application for renewal must be made prior to the expiration
of the current permit.
(10) Fumigation and Insecticidal Fogging. An operating permit shall be required for
conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a
City Administration Committee Meeting November 30, 2022
Page 21
detached one-family dwelling, regulated by 19 NYCRR 1225, Fire Code of New York
State, Chapter 26. (a) An operating permit for Fumigation and Insecticidal Fogging shall be valid for a
period not to exceed one year. An application for renewal must be made prior to
the expiration of the current permit.
(11) Tents, Temporary Special Event Structures, and Other Membrane Structures. An operating permit shall be required for operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval is required pursuant to 19 NYCRR 1225, Fire Code of New York State, Chapter 31. (a) Any such operating permit shall be valid for a period not to exceed 180 days, and shall remain in effect until it expires or is reissued, renewed, or revoked.
(b) An operating permit shall not be required under this subsection where a tent,
temporary special event structure or other membrane structure is issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca City Code.
(12) High-Piled Combustible Storage. An operating permit shall be required for high-piled
combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 32. (a) An operating permit for High-Piled Combustible Storage shall be valid for a period
not to exceed one year. An application for renewal must be made prior to the
expiration of the current permit.
(13) Tire Rebuilding and Tire Storage. An operating permit shall be required for operating a
facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or
operating a tire rebuilding plant regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 34. (a) An operating permit for Tire Rebuilding and Tire Storage shall be valid for a
period not to exceed one year. An application for renewal must be made prior to
the expiration of the current permit.
(14) Open Flame. An operating permit shall be required for removing paint with a torch, or
using open flames, fire, and burning in connection with assembly occupancies or educational occupancies regulated by 19 NYCRR 1225, Fire Code of New York State, Section 308. (a) An operating permit for Open Flame shall be valid for a period not to exceed one
year. An application for renewal must be made prior to the expiration of the
current permit.
(15) Open Burning, Recreational Fires and Portable Outdoor Fireplaces. An operating permit shall be required for conducting open burning regulated by 19 NYCRR 1225, Fire Code of New York State, Section 307. No person shall kindle or maintain any bonfire, recreational fire, or outdoor fireplace, or authorize any such fire to be kindled
or maintained without an operating permit or other proper authorization. No permit
shall be issued for and no open burning of trash, rubbish, construction materials, or demolition waste shall be allowed in the City of Ithaca. (a) This subsection shall not apply to portable outdoor fireplaces used at one-and two-family dwellings.
City Administration Committee Meeting November 30, 2022
Page 22
(b) An operating permit for recreational fires using approved portable or approved
permanently installed outdoor fireplaces shall be valid for a period not to exceed
one year. An application for renewal must be made prior to the expiration of the
current permit.
(c) An operating permit for open recreational fires not contained in an approved
fireplace shall be valid for a period not to exceed one day. An application for
renewal must be made prior to the expiration of the current permit.
(16) Energy Storage Systems. An operating permit shall be required for energy storage
systems, where the system exceeds the values shown in Table 1206.1 of 19 NYCRR
Part 1225, Fire Code of New York State, or exceeds the permitted aggregate ratings in section R327.5 of 19 NYCRR Part 1220, Residential Code of New York State. (a) An operating permit for Energy Storage Systems shall be valid for a period not to
exceed three years. An application for renewal must be made prior to the
expiration of the current permit
(17) Sugarhouse Alternative Activity Provisions. An operating permit is required for
Sugarhouse Alternative Activity Provisions as regulated by Chapter 40 of 19 NYCRR Part 1225, Fire Code of New York State. (a) Any such operating permit shall be valid for a period not to exceed 60 days, and shall remain in effect until it expires or is reissued, renewed, or revoked. (18) Storage of readily combustible materials. An operating permit shall be required to store
in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels, or similar containers, rubber tires, rubber or cork or other similarly combustible material. (a) Storage requirements. Storage of readily combustible materials in buildings shall be orderly, shall not be within two feet of the ceiling, shall be separated from
heaters or heating devices by distance or shielding so that ignition cannot occur, and shall not be so located as to endanger egress from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly. (b) An operating permit for readily combustible materials shall be effective for a
period not to exceed three years. An application for renewal must be made prior to
the expiration of the current permit.
(19) General precautions against fire. (a) Bonfires, recreational fires, and outdoor rubbish fires. No person shall kindle or maintain any bonfire, recreational fire or rubbish fire or authorize any such fire to be kindled or maintained without an operating permit or other proper
authorization. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained an operating permit or other proper authorization. (b) Matches. No person shall manufacture matches without an operating permit. No
person shall store matches exceeding in aggregate 25 cases of matches without an
operating permit. (c) Storage of readily combustible materials.
City Administration Committee Meeting November 30, 2022
Page 23
[1] Permit required. No person shall store in any building or upon any premises
in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber or cork or other similarly combustible material without an operating permit. (a) Storage requirements. Storage in buildings shall be orderly, shall not be within two
feet of the ceiling, shall be separated from heaters or heating devices by distance or
shielding so that ignition cannot occur and shall not be so located as to endanger exit from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly. (19) Hot work., acetylene generators, calcium carbide and acetylene cylinder charging
plants.O An operating permit is required for Welding or other Hhot wWork regulated
by 19 NYCRR 1255, Fire Code of New York State, Chapter 35. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems, use of calcium carbide systems, use of acetylene generators, or any other similar activity.
(a) An operating permit shall be required of each company, corporation, co-
partnership or owner/operator performing hot work operations, except as provided below in Subsection E(8)(a)[2]. This permit shall not be required for each hot work job location. The company, corporation, co-partnership or owner/operator shall notify the Fire Chief or the Fire Marshal in advance where such work is done in
response to an emergency call that does not allow time to issue the necessary
permit. (b) An operating permit shall not be required of any company, corporation, co-partnership or owner/operator: [1] Where the hot work is performed in areas approved for the purpose; or
[2] Having an approved permit system established for control of the fire hazards
involved. (c) Application for an operating permit required by this article shall be made by the company, corporation, co-partnership or owner/operator performing the welding or cutting operation or by his/her duly authorized agent.
(d) An operating permit for welding or cutting operations shall not be issued unless
the individuals in charge of performing such operations are capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement.
(e) Companies, corporations, copartnerships and owner/operators required to have an
operating permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Fire Prevention Bureau. (f) Operating permit required for cylinder and container storage. An operating permit
shall be required for the storage of cylinders or containers used in conjunction with
welding or cutting operations when more than 2,000 cubic feet of flammable compressed gas, other than liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable compressed gas is stored.
City Administration Committee Meeting November 30, 2022
Page 24
(g) An operating permit for Welding or Other Hot Work shall be effective for a period
not to exceed one year. An application for renewal must be made prior to the
expiration of the current permit.
(h) Operating permit required for acetylene generators. No person shall operate an acetylene generator having a carbide capacity exceeding five pounds without an operating permit. (i) Operating permit required for storage of calcium carbide. An operating permit
shall be required to store or keep calcium carbide in excess of 200 pounds. (20) Asphalt kettles. (a) An operating permit shall be required for asphalt kettles. Such permit shall be obtained prior to the issuance of any building permit for the construction or
reconstruction of any roof and prior to operation of the kettle on the site.
(b) An operating permit shall be obtained for each kettle to be used, even if more than one will be used at one site. (c) Regulations governing the operation and use of asphalt kettles shall be as specified in the Fire Code of New York State.
(d) An operating permit for Asphalt Kettles shall be effective for a period not to
exceed ninety days. An application for renewal must be made prior to the
expiration of the current permit.
(21) Areas of public assembly (Assembly Group A Occupancies). (a) Definition. Areas of public assembly are those areas set forth as such and defined in the Uniform Code as "Assembly Group A Occupancies." These assembly areas include buildings and portions of buildings used for gathering together 50 or more
persons for purposes of amusement, athletics, civic purposes, dining, education,
entertainment, or patriotic, political, recreational, religious, or other social purposes. Examples of such buildings include but are not limited to: nightclubs, restaurants, art galleries, bowling alleys, churches, community halls, funeral parlors, lecture halls, libraries, museums, passenger stations, and skating rinks.
(b) An operating permit shall be obtained from the Chief of the Fire Department or the
Fire Marshal for the operation of an area of public assembly prior to such operation. (c) The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to
requiring the submittal of plans and/or specifications for such space, and requiring
the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of assembly. (d) Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the area of public assembly to be inspected. Such inspection
shall include measuring and calculating maximum occupancy load(s) for the space
and determining whether or not the space is in compliance with the Uniform Fire Prevention and Building Code of New York State. (e) No permit for an area of public assembly shall be granted if, in the opinion of the
Chief of the Fire Department or the Fire Marshal, such space is not in compliance
with the Uniform Fire Prevention and Building Code.
City Administration Committee Meeting November 30, 2022
Page 25
(f) An operating permit for an area of public assembly shall be effectivevalid for a
period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (g) An operating permit for an area of public assembly may be suspended or revoked if, in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a
violation of the Fire Code or Property Maintenance Code of New York State
resulting in immediate danger to the life or health of occupants thereof. (h) In the event that an on-premises inspection organization exists which may provide third-party inspection and certification of compliance, such fees as required for this section shall be adjusted to reflect the actual time spent by the Fire Department
required to assure compliance with the intent of this part.
(i) Fees for an operating permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire
Department personnel. An estimate of these costs shall be provided to the
applicant upon preliminary approval of the application for said permit. (22) Fire protective systems. (a) An operating permit shall be required to install or substantially repair a fire detection, alarm or fire suppression system as such is defined in the New York
State Uniform Fire Prevention and Building Code.
(b) The permit required in Subsection E(11)(a) above shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department. (c) Prior to the issuance of an installation permit, the Chief of the Fire Department or
the Fire Marshal shall review said application along with the associated building
permit to ensure compliance with applicable codes, rules and regulations. (d) Upon completion of installation or repair work, an applicant shall conduct an acceptance test of the full system, which test shall be observed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of
the Fire Department or the Chief's designee with a system test record describing
the system to be tested and its components. The test shall be conducted in accordance with the standards prescribed (e) by the National Fire Protection Association or other appropriate standard- setting organization as determined by the Chief of the Fire Department or the Fire
Marshal. If it is satisfied that the installation work meets the prescribed standards,
the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory. (f) Fees. Fees for an installation or repair permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs
incurred to do the work. The personnel costs included shall be based on the
average hourly rate plus expenses for Fire Department personnel. (g) An operating permit for Fire Protection Installation shall be valid for a period not
to exceed the duration of the building permit issued for the building. An
application for renewal must be made prior to the expiration of the current permit.
(23) Elevators.
City Administration Committee Meeting November 30, 2022
Page 26
(a) An operating permit shall be required to operate an existing or install a new
elevator or conveying system as defined by the New York State Uniform Fire Prevention and Building Code. A separate operating permit is required for each elevator or conveying system. (b) The operating permit required in Subsection E(12)(a) shall be obtained from the
Chief of the Fire Department or the Fire Marshal. This permit is separate from, and
shall be required in addition to, any building permit issued by the Building Department. (c) The installation or repair of elevators and other conveyances shall be performed by
persons qualified and licensed by the New York State Department of Labor for the
specific type of work performed.
(d) Prior to the issuance of an operating permit, the Chief of the Fire Department or
the Fire Marshal shall review said application along with the associated inspection reports to ensure compliance with the applicable codes, rules, and regulations. (e) New installations. Upon completion of the installation of a new elevator or conveying system, an applicant shall conduct an acceptance test of the elevator or
conveying system. The acceptance test shall be witnessed by a qualified elevator
inspector, as defined in Subsection E(12)(f), and shall also be witnessed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record that describes the system to be tested and its components. The acceptance test shall
be conducted in accordance with the standards prescribed by the American Society
of Mechanical Engineers (ASME) or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as
complete and satisfactory.
(f) Fees. Fees for an operating permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel.
(g) Qualified elevator inspector (QEI). Elevator inspectors shall be required to
providepossess a current Elevator Inspection Contractor License issued by the NYS Department of Labor to be considered a QEI.certification from an ASME accredited organization to the Chief of the Fire Department or the Fire Marshal. The Chief of the Fire Department or the Fire Marshal shall maintain a list of QEI's
who are authorized to perform periodic inspections of elevators in the City of
Ithaca. (h) Periodic inspections. Periodic inspections of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be made by a qualified elevator inspector. Inspection reports shall be filed with
Fire Department within 30 days of the inspection by the QEI. The owner of the
building shall provide documentation to the Fire Department from an elevator service contractor that states the violations have been abated. (i) Periodic tests. Periodic tests of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be witnessed
City Administration Committee Meeting November 30, 2022
Page 27
by a qualified elevator inspector. The building owner or the owner's authorized
agent shall have all tests required by the Uniform Code made by persons qualified to perform such service in the presence of a qualified elevator inspector authorized by the Chief of the Fire Department or the Fire Marshal. The qualified elevator inspector witnessing the periodic test shall not possess a financial interest with
parties performing service or testing of the elevator or conveying system that is
being tested. (j) Frequency of inspection and testing. The frequency of inspection and testing is determined by the New York State Uniform Fire Prevention and Building Code. (k) Expiration of operating permit. An operating permit for an elevator or conveying
system shall be valid for a period no greater than three years. The operating permit
will be automatically renewed upon a fire safety and property maintenance inspection as required by § 181-16. (l) Validity of operating permit. An operating permit for an elevator or conveying system shall be valid for three years, provided that the elevator or conveying
system is operated, maintained, tested, and inspected in accordance with the
requirements of this article and the Uniform Code. (m) The operating permit issued by the Ithaca Fire Department shall be posted in every passenger car, freight car and elevator machine room for which the operating permit was issued.
(24) Food trucks and other mobile or temporary cooking operations.
(a) A "mobile or temporary cooking operation," as used in this chapter, is defined as any cooking facility, apparatus or equipment, being operated on a one-time or interim basis, or for less than 90 days in the same location, other than at a fixed location, building or structure which has been inspected and permitted under
another section of this Code, regulation or statute, inclusive of self-propelled
trucks and vehicles, trailered units, push carts, equipment located under cover of awnings, canopies or pop-up tents, or other structures for which a building permit has not been issued. (b) A "food truck," as used in this chapter, is defined as any motor vehicle, trailer or
enclosed cart, which a person or persons may enter and work inside, and from
which food is prepared, cooked and served. (c) Any food truck used for the preparation and serving of food within the City of Ithaca must obtain and display an operating permit as described in this chapter. (d) The required operating permit shall be obtained from the Chief of the Fire
Department or the Chief's designee. This food truck operating permit is separate
from, and shall be obtained in addition to, any other permit that may be required or issued by New York State, Tompkins County, or the City of Ithaca. (e) Regulations governing the operation and use of mobile or temporary cooking operations, and specifically food trucks, shall be as specified in
(f) § 81-10 of this article, the Uniform Fire Code of New York State, and the
International Fire Code. (g) Validity of operating permit. An operating permit for a food truck shall expire on December 31 of the year of issuance, provided that the food truck is operated, maintained, tested, and inspected in accordance with the requirements of this
article.
City Administration Committee Meeting November 30, 2022
Page 28
(h) The operating permit issued by the Ithaca Fire Department shall be posted in
public view from the exterior of the food truck for which the operating permit was issued. (25) Parking garages as defined in § 181-18A. (a) An operating permit shall be obtained from the Chief of the Fire Department or the
Fire Marshal for the operation of a parking garage prior to such operation.
(b) The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring: [1] The submittal of plans and/or specifications for such structure;
[2] Initial condition assessments;
[3] Periodic condition assessments; and [4] The installation and/or testing records for fire protection equipment or systems in use of said structure. (c) Upon receipt of such application, the Chief of the Fire Department or the Fire
Marshal shall cause the parking garage to be inspected for compliance with the
Uniform Fire Prevention and Building Code of New York State. (d) No permit for a parking garage shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such structure is not in compliance with the Uniform Fire Prevention and Building Code.
(e) An operating permit for an area of parking garage shall be valideffective for a
period not to exceed three years. An operating permit may be limited to a period of one year if annual inspections are recommended in a current condition assessment report. An application for renewal must be made prior to the expiration of the current permit.
(f) An operating permit for a parking garage may be suspended or revoked if, in the
opinion of the Chief of the Fire Department or the Fire Marshal, there is a violation of the Uniform Fire Prevention Code of New York State resulting in immediate danger to the life or health of occupants thereof. (g) Fees for an operating permit for parking garages or for renewal of such permit
shall be established by the Chief of the Department, according to § 181-9F of this
article.
(26) Outdoor Assembly Events
(a) In accordance with 19 NYCRR Part 1225, Fire Code of New York State, an
operating permit shall be required for an Outdoor Assembly Event where
the Fire Chief or Fire Marshal determines that an outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants, and/or fire access roads, or where such gatherings adversely affect public safety services of any kind.
[1] An operating permit shall not be required under this subsection for Outdoor
Assembly Events of fewer than 1000 persons or for gatherings of people exclusively under a temporary structure that has been issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca
City Code, as applicable.
(b) The event organizers shall submit an application for review by the Chief of
City Administration Committee Meeting November 30, 2022
Page 29
the Fire Department or the Fire Marshal prior to the issuance of any permit
under this subsection. This permit application is separate from, and shall be required in addition to, any Building Permit Application, City of Ithaca Special Events Application, Department of Health Permit Application, or any other permit or other application that may be required for the type of
event proposed.
(c) Upon application for an operating permit, the Chief of the Fire Department or the Fire Marshal shall have the authority to order the development of or to prescribe a public safety plan that provides an appropriate level of public safety, to be determined by the Chief of the Fire Department or Fire
Marshal in their sole discretion.
(d) Prior to the issuance of an operating permit, the Chief of the Fire Department or the Fire Marshal shall review the permit application along with any associated Building Permits and Health Department Permits to ensure compliance with applicable City and state codes, rules, and
regulations.
(e) An operating permit for an Outdoor Assembly Event shall be effective for a period
not to exceed one year for a designated location. Operating permits for Outdoor
Assembly Events are not transferrable to alternate locations, events, or organizers.
An application for renewal must be made prior to the expiration of the current
permit.
F. Permit fees.
(1) The Chief of the Fire Department or the Fire Marshal shall promulgate an operating permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. (2) Permit Fees do not include fees for inspections or safety plan review in excess of one
hour. Fire Safety, operations, and fire protection system plan review in excess of one
hour will be charged to the applicant at an hourly rate promulgated by the Chief of the
Fire Department, subject to approval by Common Council.
(3) Such scheduleThe schedule of fees and any changes to fees proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees. (4) The fee schedule shall be posted at the Fire Chief's office and distributed to any
interested parties.
§ 181-16. Fire safety and property maintenance inspections. A. Inspections required. Fire safety and property maintenance inspections of buildings and structures
as required by 19 NYCRR 1203 shall be performed by the Chief of the Fire Department or the
Chief's Designee at the following intervals:
(1) Fire safety and property maintenance inspections of buildings or structures which
contain an area of public assembly shall be performed at least once every 12
months as required in § 181-9 by the Fire Department.
(2) Fire safety and property maintenance inspections of buildings or structures being
occupied as dormitories public and private schools and colleges, including any
City Administration Committee Meeting November 30, 2022
Page 30
buildings of such schools or colleges containing classrooms, dormitories,
fraternities, sororities, laboratories, physical education, dining, or recreational
facilities shall be performed at least once every 12 months.
(a) The code enforcement officials of the Building Department shall perform fire
safety and property maintenance inspections of dormitories inspected per the
requirements of Chapter 210.
(3) Fire safety and property maintenance inspections of all multiple dwellings not
included in Subsection A(1) or (2) shall be performed at least once every 36
months.
(a) The code enforcement officials of the Building Department shall perform fire
safety and property maintenance inspections of multiple dwellings inspected
per the requirements of Chapter 210.
(b) Buildings or structures with mixed occupancies containing residential
dwelling units and nonresidential buildings, structures, uses and occupancies
shall be inspected by the Fire Department, except those areas of the building
or structure inspected per the requirements of Chapter 210 by the Building
Department.
(4) Fire safety and property maintenance inspections of all nonresidential buildings,
structures, uses and occupancies not included in Subsection A(1), (2), or (3) shall
be performed at least once every 36 months by the Fire Department.
(5) Remote inspections. At the discretion of the Chief of the Fire Department or the
Fire Marshal, a remote inspection by a Fire Inspector may be performed in lieu of
an in-person inspection when, in the opinion of the Fire Marshal or such
authorized Fire Inspector, the remote inspection can be performed to the same
level and quality as an in-person inspection and the remote inspection shows to the
satisfaction of the Fire Marshal or such authorized Fire Inspector that the premises
conform with the applicable provisions of 19 NYCRR Part 1225 and the
publications incorporated therein by reference and the applicable provisions of 19
NYCRR Part 1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Fire Marshal or such authorized Fire
Inspector sufficient information to make a determination, an in-person inspection
shall be performed.
B. Inspections permitted. In addition to the inspections required by § 181-16A, a fire
safety and property maintenance inspection of any building, structure, use, or
occupancy, or of any dwelling unit, may also be performed by the code enforcement
official at any time upon:
(1) The request of the owner of the property to be inspected or an authorized agent of
such owner;
(2) The receipt by the code enforcement official of a written statement alleging that
conditions or activities failing to comply with the Uniform Code or Energy Code
exist; or
City Administration Committee Meeting November 30, 2022
Page 31
(3) The receipt by the code enforcement official of any other information, reasonably
believed by the code enforcement official to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with the Uniform
Code or Energy Code exist. Nothing in this subdivision shall be construed as
permitting an inspection under any circumstances under which a court order or
warrant permitting such inspection is required unless such court order or warrant
shall have been obtained.
C. Fees
(1) The Chief of the Fire Department or the Fire Marshal shall promulgate a fee
schedule applicable to inspections required herein. Fees established in the fee
schedule shall reasonably reflect the cost of receiving, investigating, processing
and issuing each of said inspections.
(2) Such schedule and any changes proposed thereto shall be submitted to the
Common Council for adoption prior to collection of such fees.
(3) The fee schedule shall be posted at the Fire Chief's office and distributed to any
interested parties
Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
A vote on the resolution resulted as follows: Passed unanimously. 3.8a An Ordinance Amending Ithaca City Code Section 346-6, Speed Limits - Declaration of Lead Agency Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen.
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Section 176-6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, Common Council proposes to amend City Code Section 346-6 to lower the citywide speed
limit from 30 mph to 25 mph, and
City Administration Committee Meeting November 30, 2022
Page 32
WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance § 176-4 and the State Environmental Quality Review Act § 617.4 b. and is subject to environmental review, now, therefore, be it RESOLVED, that the City of Ithaca Common Council, as the agency having primary responsibility for
approving and funding or carrying out the action does, by way of this resolution, declare itself Lead
Agency in Environmental Review for the proposed Ordinance Amending Ithaca City Code Section 346-6, Speed Limits. A vote on the resolution resulted as follows:
Passed unanimously.
3.8b An Ordinance Amending Ithaca City Code Section 346-6, Speed Limits – Negative Declaration of Environmental Significance Moved by Alderperson McGonigal. Seconded by Alderperson Defendini.
WHEREAS, Common Council proposes to amend City Code Section 346-6 to lower the citywide speed limit from 30 mph to 25 mph, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQRO”) §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b
and is subject to environmental review, and WHEREAS, Common Council, as the agency having primary responsibility for approving and funding or carrying out the action did, on December 7, 2022, declare itself Lead Agency in Environmental
Review, and
WHEREAS, Common Council, acting as Lead Agency, has on December 7, 2022, reviewed, and accepted as complete a Short Environmental Assessment Form (“SEAF”) prepared by City staff and other related materials, and
WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts associated with the action, has determined, as more clearly elaborated in the SEAF, that proposed amendment will not have any potentially significant adverse environmental impacts, now, therefore, be it
RESOLVED, that Common Council determines that the proposed amendment will result in no significant adverse impact on the environment and this resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with CEQRO
and SEQRA.
A vote on the resolution resulted as follows: Passed unanimously.
3.8c An Ordinance Amending Ithaca City Code Section 346-6, “Speed Limits”
City Administration Committee Meeting November 30, 2022
Page 33
Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen.
WHEREAS, in August 2022, the Governor signed into law Assembly Bill A1007A, amending section 1643 of the state Vehicle and Traffic Law to, among other things, authorize cities to reduce speed limits to twenty-five miles per hour, and
WHEREAS, Section 346-6(A) of the Ithaca City Code previously set the citywide speed limit on streets and highways within the City at 30 miles per hour (subject to certain exceptions), WHEREAS, the Common Council of the City of Ithaca desires to lower the citywide speed limit to
twenty-five miles per hour for the reasons and on the basis of the findings set forth in this Ordinance;
now, therefore ORDINANCE 2022-__
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. Reduced vehicle speeds reduce the likelihood of injuries and fatalities of pedestrians from
vehicle-on-pedestrian collisions;
2. Reduced vehicle speeds narrow the difference in operating speeds of motor vehicles and
bicycles, improving safety for cyclists;
3. Studies show that citywide speed limit reductions result in overall lower speeds, such as a study
by the Insurance Institute for Highway Safety of a citywide speed limit reduction in Boston
lowering the limit from 30 to 25 miles per hour;
4. A speed limit reduction from 30 to 25 miles per hour represents an average increase in travel
times of only 24 seconds per mile;
5. For the types of roadways most common in the City of Ithaca, the Federal Highway
Administration recommends speed limits of no greater than 25 miles per hour;
6. Lower speed limits provide greater flexibility in roadway design;
7. Lowering the speed limit to 25 miles per hour will benefit the City of Ithaca by improving safety
for pedestrians, cyclists, and motorists with only minor increases to travel times.
Section 2. Code Amendment. Section 346-5(A) of the Ithaca City Code is hereby amended as follows:
§ 346-6 Speed limits. A. The maximum speed at which vehicles may proceed on or along any streets or highways within the City is hereby established at 30 25 miles per hour, except as otherwise posted, and that the speed limit
for vehicles proceeding on or along those streets or parts of streets described in Schedule II of the traffic
regulations of the Board of Public Works shall be as indicated in said schedule. This provision shall not apply to ambulances, fire vehicles or police vehicles when on emergency trips. …
City Administration Committee Meeting November 30, 2022
Page 34
Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining
portions of this Ordinance.
Section 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget, and Appropriations
4.1 A Draft Resolution to Request an Increased Authorization for the Black Diamond Trail Bridge over the Flood Control Channel Project – CP 851 Moved by Alderperson Defendini. Seconded by Alderperson Nguyen.
WHEREAS, a Project for the Black Dimond Trail Bridge over the Flood Control Channel, P.I.N.
395075 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and
WHEREAS, the new bridge across the Flood Control Channel, approximately in line with Cecil A.
Malone Drive, would significantly improve mobility for people walking between West Hill and the Southwest area as well as between the Southside neighborhoods and the Black Diamond and Cayuga Waterfront trails; and
WHEREAS, in July 2018, Common Council authorized $1,500,000 (80% Federal and 20% Local Share)
of Transportation Alternatives Program (TAP) grant that was made available by the New York State Department of Transportation for Project to cover the cost of design and construction; and WHEREAS, two bids were received for the Project on November 1st, 2022; and
WHEREAS, Economy Paving Inc., 1819 NY-13, Cortland, NY, submitted the low bid for the Project in the amount of $1,519,595.95; and WHEREAS, the in order to award the construction contract, the budget authorization must be increased
and staff has recommended an increase of $542,000 to cover total project costs; and
WHEREAS, the City of Ithaca is responsible for all costs of the Project which exceed the amount of the TAP Grant awarded to the City of Ithaca; and, be it further
City Administration Committee Meeting November 30, 2022
Page 35
RESOLVED, that Common Council hereby approves an increase of Capital Project #851 by an amount
not to exceed $542,000 for a total project authorization of $2,042,000; and be it further RESOLVED, that funds needed for said $542,000 amendment shall be derived from serial bonds (or ARPA funds, or some combination), and be it further
RESOLVED, that in the event of full federal and non-federal share cost of the Project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and it is further
RESOLVED, that the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary agreements, and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or
approval of the Project and providing for the administration of the Project and the municipality's first
instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, That the Superintendent of Public Works is hereby authorized to award the construction
contract for the Project to Economy Paving Inc., 1819 NY-13, Cortland, NY for its low bid of $1,519,595.95, contingent upon New York State Department of Transportation approval, and be it further
RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of
Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately
A vote on the resolution resulted as follows: Passed unanimously. 4.2 Authorization to Receive a Grant from Homeland Security and Emergency Services
Moved by Alderperson Nguyen. Seconded by Alderperson McGonigal.
WHEREAS, the City of Ithaca Police Department has demonstrated its desire and commitment to be a leader within the state of New York to combat counter terrorism; and
WHEREAS, the Ithaca Police Department has been awarded funding from the FY2020 Tactical Team
Grant Program; therefore, be it RESOLVED, That Common Council authorizes Ithaca Police Department to receive a $75,000 grant (FY2020 Tactical Team Grant Program) from the U.S. Department of Homeland Security’s (DHS) State
Homeland Security Grant Program (SHSP) and is administered by the New York State Division of
City Administration Committee Meeting November 30, 2022
Page 36
Homeland Security and Emergency Services (DHSES), with the purpose of funding the following
activities:
• Improve tactical team capabilities through equipment, training, exercise, and planning projects
that support counter terrorism missions deployable throughout the jurisdiction and nationally per
federal guidelines.
A vote on the resolution resulted as follows: Yes (4): Barken, Cantelmo, McGonigal, Nguyen No (1): Defendini
Motion passed 4-1.
4.3 A Resolution to Provide Funds for the Replacement of Speed Limit Signs Moved by Alderperson Defendini. Seconded by Alderperson Nguyen.
WHEREAS, Common Council is considering an ordinance amending Ithaca City Code Section 346-6,
“Speed Limits,” to reduce the citywide speed limit from 30 miles per hour to 25 miles per hour, and WHEREAS, in connection with the reduction of the citywide speed limit, approximately 135 existing speed limit signs will need to be replaced, and
WHEREAS, the cost of replacement of the signs is estimated to be $30,000, now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $30,000 from Account A1990 Unrestricted Contingency to Account A3311-5435 DPW Traffic Control contracts
for the purpose of funding the replacement of speed limit signs in connection with the citywide speed limit reduction. A vote on the resolution resulted as follows:
Passed unanimously.
4.4 Resolution – Funding for Mayor to Retain Outside Counsel to Conduct Labor Contract Negotiations Moved by Alderperson Barken. Seconded by Alderperson Nguyen.
WHEREAS, in recent decades, labor contract negotiations have predominantly been undertaken on the
City’s behalf by the City Attorney, the Director of Human Resources, and the City Controller, at the direction of the Mayor; and WHEREAS, in light of recent events, the City Attorney has recommended that it would be in the City’s
best interests for the Mayor to retain outside counsel to conduct labor contract negotiations, a
recommendation that the Mayor shares; and WHEREAS, the City Attorney’s Office will continue with its many other responsibilities, which will easily continue to fill that office’s capacity; now, therefore, be it
City Administration Committee Meeting November 30, 2022
Page 37
RESOLVED, that Common Council hereby transfers an amount not to exceed $110,000 from Account
A1990 Unrestricted Contingency to Account A1210-5435 Mayor contracts for the purposes of funding—in conjunction with approximately $35,000 per year already budgeted for the purpose—and hiring outside counsel to conduct labor contract negotiations, including ensuing contract settlement processes (i.e., mediation, arbitration as applicable, etc.) and associated responsibilities as assigned, for
all bargaining units, and be it further
RESOLVED, That the newly allocated funding be allocated $10,000 for 2022 and $100,000 for 2023 and Common Council directs the City Controller to encumber any possible funds from 2022 to help reduce the need to transfer a total of $110,000 from the 2023 Unrestricted Contingency account.
A vote on the resolution resulted as follows: Passed unanimously. 4.5 Approval of 2020 City Single Audit
Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2020, through December 31, 2020, prepared by the accounting firm of Insero & Company CPA’s LLP, be accepted to comply with all the City’s applicable Government Accounting Standards Board (GASB) Statement 34
and other related audit and single-audit requirements.
A vote on the resolution resulted as follows: Passed unanimously.
At 9:50 p.m., Alderperson Nguyen made a motion to extend the meeting util 10:15 p.m. Seconded by
Alderperson Defendini. Motion passed unanimously. 4.6 Finance – Authorization to Cover Red Accounts Moved by Alderperson Barken. Seconded by Alderperson Nguyen.
RESOLVED, That the City Controller be empowered to make transfers within the 2022 budget appropriations, as needed, for the remainder of the 2022 Fiscal Year. A vote on the resolution resulted as follows:
Passed unanimously.
4.7 Finance – Approval of 2022-2023 Civil Service Agreement with the Ithaca City School District Moved by Alderperson Nguyen. Seconded by Alderperson Defendini.
RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement
between the City of Ithaca and Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period of July 1, 2022, to June 20, 2023, in an amount of $65,137 payable to the City of Ithaca on or before December 31, 2022.
A vote on the resolution resulted as follows:
City Administration Committee Meeting November 30, 2022
Page 38
Passed unanimously.
4.8 Finance – Approval of NYCLASS Municipal Cooperation Resolution Moved by Alderperson McGonigal. Seconded by Alderperson Defendini.
WHEREAS, New York Cooperative Liquid Assets Securities System (NYCLASS) is short-term, liquid investment fund designed specifically for the public sector, and WHEREAS, NYCLASS provides the opportunity to invest funds on a cooperative basis in short-term
investments that are carefully chosen to yield favorable returns while striving to provide maximum
safety and liquidity, and WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o empowers municipal corporations to enter into, amend, cancel, and terminate agreements for the performance among
themselves of their respective functions, powers, and duties on a cooperative basis, and
WHEREAS, the City of Ithaca wishes to invest portions of its available investment funds in cooperation with other corporation and/or districts pursuant to the NYCLASS Municipal Cooperative Agreement Amended and Restated as of March 28, 2019, and
WHEREAS, the City of Ithaca wishes to satisfy the safety and liquidity needs of their funds, now therefore be it RESOLVED, That the City Controller is hereby authorized to participate in the NYSCLASS program
under the terms of the NYCLASS Municipal Cooperation Agreement Amended and Restated as of
March 28, 2019. A vote on the resolution resulted as follows: Passed unanimously.
5. Discussion 5.1 A Local Law “Elected Office Vacancy Reform Act”: This item will be moved to next month’s agenda.
6.. Meeting Wrap-up
6.1 Announcements. None. 6.2 Next Meeting Date: December 28, 2022.
6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Nguyen, the meeting was adjourned at 10:15 p.m.