HomeMy WebLinkAboutMN-CC-2007-12-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 5, 2007
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Building Commissioner – Radke
Deputy Building. Commissioner – Niechwiadowicz
Alderperson Elect - Rosario
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
Alderperson Tomlan explained that four pieces of legislation need to be passed at the
meeting tonight due to established timelines, and asked Council members to be mindful
of quorum issues. The legislation involves housing/building code amendments, a
stormwater local law, and a bond resolution.
PROCLAMATIONS/AWARDS:
Mayor Peterson welcomed the journalism students in attendance for the meeting.
3.1 Quarterly Employee Recognition Awards
Mayor Peterson presented Linda Cimakasky, Ithaca Youth Bureau, with the Quarterly
Recognition award for her work with the College Discovery Program. Linda wrote for
and received two grant applications: one for a mentoring program and one to assist with
marketing, resource development, recruitment, and training efforts.
Mayor Peterson presented Vivian Sierra with the Quarterly Recognition award for her
work with the Teen Program at the Greater Ithaca Activities Center (GIAC). Vivian has
developed and implemented programs and demonstrated the ability and drive needed
to keep the teens engaged and interested in attending programs everyday. She is
culturally diverse, artistically gifted, and a person whom the staff at GIAC look up to as a
role model.
SPECIAL ORDER OF BUSINESS:
4.1 Pride of Ownership Awards – Presentation by Susan Blumenthal
Susan Blumenthal presented the annual Pride of Ownership Awards on behalf of the
Rotary Club and the City of Ithaca. The award recipients have developed distinctive
and attractive projects, taken care of their properties, or worked in other ways to
enhance the physical appearance and quality of life in city neighborhoods, commercial
areas, and public spaces:
1. David Beer and Steven Beer, Coal Yard Apartments, 143 Maple Avenue
2. Tompkins Consolidated Area Transit (TCAT), Seneca Street Bus Shelter
3. Maureen Kelly and Lis Maurer, 336 South Geneva Street
4. David Brumsted, Ithaca Foreign Car Service, 501 West State Street
5. Ithaca Downtown Partnership, Downtown Facade Improvement Program
6. City of Ithaca, Thurston Avenue Bridge Reconstruction
7. Historic Ithaca, State Theatre Blade and Marquee Restoration
Alderperson Berry arrived at the meeting at 7:20 p.m.
December 5, 2007
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4.2 Motion to Enter into Executive Session to Discuss a Matter of Current
Litigation
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Common Council adjourn into Executive Session to discuss a matter
of current litigation.
Carried Unanimously (9-0)
(Alderperson Townsend absent from vote)
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Alderperson Townsend arrived at the meeting at 8:20 p.m.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Nathan Shinagawa, Tompkins County 4th District Representative, thanked the outgoing
Council members for their years of service and reported on the following items:
The Tompkins County budget was approved with a total tax levy of 2.9% with a reliance
of their fund balance.
The Tompkins County airport is doing well with the highest passenger numbers since
2000.
The Health Department is running into conflicts with the new building located at 55
Brown Road because modifications need to be made to accommodate their needs.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Doria Higgins, Town of Ithaca, addressed Council in opposition to the off leash dog area
in the Festival Lands. She explained that the Cayuga Waterfront Trail is the spur which
will connect the Black Diamond Trail. She stated that an off leash dog area is needed,
but not in the Festival Lands.
Joel Harlan, Town of Newfield, addressed Council in favor of a dog park but is opposed
to spending $6,000 for a temporary fence. He stated that he would like to see Inlet
Island development take place. He further voiced concern regarding the increase in
violence across the country.
Ben Curtiss, Village of Trumansburg, addressed Council in favor of a dog park. He
explained that he has visited various dog parks in other states and was amazed at how
well they worked. He further stated that this resource gives people a positive feeling
about Ithaca and bringing people to Ithaca offers the opportunity for them to stay to
shop and dine.
Stuart McDougal, City of Ithaca, thanked Council for the time that has been dedicated to
the off leash dog area discussions.
Megan MacCallum, Town of Freeville, addressed Council in support of the dog park and
addressed issues that were raised at the Special Common Council meeting including
the proposed fence and the fact that non-residents of the City use the park. She stated
that those dog owners also shop and dine in Ithaca, and support the local economy.
She explained that other dog parks have sponsors such as local veterinarians and pet
stores/shops. She thanked Council for their serious consideration given to this topic.
Sydney Merritt, Town of Ithaca, addressed Council regarding lobbyists supporting
special interest groups and noted that this is happening at a local level regarding the
dog park.
Joyce Merritt, Town of Ithaca, addressed Council in support of an off leash dog area
that meets criteria for dog owners, but is opposed to the continual delay of decisions
that makes the Festival Lands unusable for people who do not want to interact with
dogs. She urged Common Council to make a decision and to formulate a plan to find a
permanent solution to this issue. She is opposed to spending money on the erection of
a temporary fence as she feels that a fence is not needed during winter months.
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David Nutter, City of Ithaca, addressed Council as a year-round user of the park. He
reported that on a recent visit to the park he found that the majority of dogs were off
leash outside of the off leash dog area. He stated that the trial period has been a failure
because people disregard the posted rules. He further stated that a full fence is needed
along with an enforcement element and that dog owners should supplement costs.
Joyce Muchan, City of Ithaca, addressed Council to express her thanks from the
Tompkins County Human Rights Commission to Alderpersons Berry and Townsend for
being available to support issues of race fearlessly. She stated that both have been
subjected to racial issues while serving on Common Council. She further thanked them
for their work and commitment to the community.
Bren Piller, addressed Council to explain that she recently fenced her property and has
two gates and extra fencing that she would be willing to donate to the off-leash dog
area. She stated that other businesses may be willing to help sponsor the fence for the
Off Leash Dog Area as well.
Matthew Peterson, addressed Council regarding the proposed smoke-free resolution
and how it will impact the Commons.
Susan Titus, City of Ithaca, addressed Council regarding the proposed smoke-free
resolution and stated that it would impact outdoor dining on the Commons as well as
retail shopping and bars.
David Marsh, representing the Building Trades Council, addressed Council to
congratulate the recently elected Mayor and Common Council members. He thanked
Alderperson Coles for bringing forth the proposed resolution regarding misclassifcation
of workers for Council’s consideration.
Common Council recessed the meeting at 9:00 p.m.
Common Council reconvened the meeting at 9:10 p.m.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles stated that she would respond to comments made about agenda
items at the time they are discussed. She read a testimonial to acknowledge the recent
passing of former Mayor Ben Nichols and shared her fond memories of him.
Alderperson Zumoff stated that even though there were not many speakers tonight,
Common Council has recently received many comments from supporters of the off
leash dog area.
Alderperson Korherr responded to comments made regarding the ban on smoking on
city property and explained that the Environment and Neighborhood Quality Committee
is pursuing this issue because smoking is a learned behavior. If the proposed ban is
effective, the kids growing up now won’t have that behavior modeled for them. She
explained that the Ithaca Downtown Partnership would be involved in future discussions
to determine the impact the ban would have on The Commons.
Alderperson Townsend responded to comments made regarding the smoking ban and
explained that it’s not just The Commons being discussed. This ban would be similar to
banning/segregating smoking in restaurants which was hard to do at first but was
achieved. He further thanked Joyce Muchan for her comments and shared his
memories of former Mayor Ben Nichols.
Alderperson Cogan stated that this would be the last meeting for Common Council
members Berry and Townsend. He noted that he didn’t always agree with their stands
on issues but he has always enjoyed serving with them and he wished them luck in their
future endeavors.
Alderperson Berry thanked the speakers for their comments and Alderperson Coles for
her beautiful testimony to former Mayor Ben Nichols. She further thanked Joyce
Muchan and the Human Rights Commissioners for their statements. She also thanked
Alderperson Cogan for his comments. She responded to comments made regarding
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the ban on smoking and explained that the Ithaca Downtown Partnership and downtown
merchants would be involved in developing a resolution.
Alderperson Clairborne extended his thanks to the dog park speakers and stated that
this process has been a true exercise in democracy. He thanked Ms. Pillar for her offer
of gates and fencing and additional support for the off leash dog area. He stated that he
felt that some people had crossed the line in their communications and actions that
bordered on intimidation and inflexibility to other ideas. He noted that this has had an
impact on his decision-making. He thanked Alderperson Berry and Townsend as a
black person on Council for their support and tutelage. He stated that part of their
legacy was that they were not afraid to speak what needed to be spoken and that he
looks forward to staying in touch with them. He extended his thanks to Alderperson
Coles for her testimony to former Mayor Ben Nichols. He noted that Ben Nichols was
involved in many forms of advocacy and you didn’t always agree with him but he would
still embrace you.
Alderperson Tomlan stated that she appreciated everyone’s eloquence in the topics
they have spoken on. She thanked the speakers for sharing their comments and
explained that she would return e-mails as she is able. She announced that tomorrow
night would kick-off the annual Holiday of Ice Parade of ice sculptures on The
Commons.
Alderperson Coles explained that she would reserve her comments about Alderpersons
Berry and Townsend for the January 1, 2008 meeting.
Alderperson Townsend explained that there is significant value in having young people
on Common Council and encouraged young people to get involved in politics and to
stay involved. He stated that he is very happy that Svante Myrick will be serving on
Common Council as he is a very talented individual. He thanked all of his Common
Council colleagues and stated that he has bumped heads with them but there has been
much love as well. He explained that he would be heading to law school and working
for a Senator after leaving Council.
Mayor Peterson thanked Alderperson Townsend for staying on Common Council
beyond his years of school to finish his term and noted that it was greatly appreciated.
Alderperson Korherr reminded everyone that winter is here and that the Fall Creek
Neighborhood has been doing a great job of shoveling sidewalks. She explained that
nominations for the 2008 Golden Shovel Award would be accepted at the end of the
season and encouraged everyone to pay attention to those who diligently shovel
sidewalks.
Alderperson Dotson echoed comments made about former Mayor Nichols and
Alderpersons Townsend and Berry. She apologized for not being able to attend the
special meeting on November 28th, but she had travel plans that had been made in
advance that could not be canceled.
Alderperson Berry stated that she is looking forward to having Eric Rosario represent
the 2nd Ward. She explained that he is an amazing person who is fair, balanced, and a
rational thinker.
Mayor Peterson commented that she is thinking of an appropriate tribute for former
Mayor Nichols as the traditional “moment of silence” would be contrary to Ben’s
noteworthy work as a local activist.
8. CONSENT AGENDA ITEMS:
8.1 DPW - Request for Changes to Water and Sewer Roster - Addition of one (1)
GIS Map Technician, and two (2) GIS Specialists to Water and Sewer Roster -
Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca DPW Water & Sewer Division has had a vacancy in the
GIS Specialist position and since the process of filling this position has provided an
opportunity to evaluate staffing needs and improve the makeup of the GIS Team, and
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WHEREAS, there is a continued need for GIS professionals at various skill levels to
accomplish the work of the GIS Plan, and
WHEREAS, it has been determined that at present, staffing needs would be better met
with a lower skilled entry level position and a new mid-level GIS professional position,
and
WHEREAS the Civil Service Commission, on November 7, 2007 approved the
amendment of the title to the current GIS Specialist position to Senior GIS Specialist
and approved a new position taking the title of GIS Specialist, at a lower level of
expertise than Senior GIS Specialist, and at a greater level of expertise than the current
GIS Data Development Specialist and GIS Database Programmer positions, and
WHEREAS the renamed position, Senior GIS Specialist, will remain on the roster
vacant and unfunded and will remain vacant unless one of the two GIS Specialist
positions being added is removed from the roster, and
WHEREAS, the GIS Mapping Technician has not been a funded position on the roster
of the Water & Sewer Division; now, therefore be it
RESOLVED, That the Common Council hereby amends the 2008 authorized Water and
Sewer Personnel Roster as follows:
Add: One (1) Senior GIS Specialist (40 hours) unfunded and vacant
One (1) GIS Mapping Technician (40 hours)
Two (2) GIS Specialist (40 hours)
Delete: One (1) GIS Data Development Specialist (40 hours)
Delete: One (1) GIS Database Programmer (40 hours)
and, be it further
RESOLVED, That the positions of Senior GIS Specialist, GIS Specialist and GIS Map
Technician be assigned to the CSEA Administrative Unit at the following grades:
Senior GIS Specialist – Grade 19
GIS Specialist – Grade 15
GIS Map Technician – Grade 11
and be it further
RESOLVED, That funding for said roster amendment shall be derived within existing
2008 Water and Sewer Budgets.
Carried Unanimously
8.2 Youth Bureau - Request to Amend 2008 Youth Bureau Budget - Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, the Ithaca Youth Bureau has been advised by the U.S. Department of
Education that they have been awarded $169,395 Safe and Drug-Free Schools and
Communities Mentoring Program grant, and
WHEREAS, the federal fiscal year is October 1st – September 30th, and said funding will
be expended during both the 2007 and 2008 City of Ithaca fiscal years, and
WHEREAS, the goal of this funding is to provide long-term mentoring and academic
support for 50 middle school youth through the Youth Bureau College Discovery
Program and Paul Schreurs Memorial Program, and
WHEREAS, grant funding is available to hire a full-time roster Youth Program Leader to
serve as a Mentoring Match Manager for the College Discovery Program, and
WHEREAS, there is a vacant Youth Program Leader position on the Youth Bureau
roster; now, therefore be it
December 5, 2007
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RESOLVED, That Common Council hereby amends the 2008 Youth Bureau Budget to
account for said new funding for the position as follows:
Increase Revenue Account:
A7310-4820-1240 Federal Aid $38,927
Increase Expense Account
A7310-5110-1240 Staff Salary $27,608
A7310-9010 Retirement 2,209
A7310-9030 FICA 2,113
A7310-9040 Workers Comp. 1,380
A7310-9060 Health Insurance 5,617
Carried Unanimously
8.3 Human Resources - Request Increase for Employee Medical Flexible
Spending Account - Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed
medical expenses in April 2002, and
WHEREAS, the City established a two thousand dollar ($2,000) before tax limit for
employee deductions, and
WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has
been in effect for several years without incident, and
WHEREAS, the City Controller and the Human Resources Director are therefore
recommending that the amount be raised from $2000 to $2500, now therefore be it
RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible
Spending Account, from $2000 to $2500 for unreimbursed medical expenses.
Carried Unanimously
8.4 Finance/Controller’s Office - Request to Amend 2007 Budget for Grant -
Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, the City received an anonymous $7,000 grant to perform invasive plant
removal in the City’s natural areas, and
WHEREAS, the funds will also be used by the Natural Area Commission to hire a
contractor to conduct a natural area survey; now, therefore be it
RESOLVED, That Common Council hereby amends the 2007 Authorized Budget to the
natural Area’s Account for the acceptance of said grant as follows:
Increase Revenue Account:
A7113-2705 Six Mile Creek Gifts $7,000
Increase Appropriation Account:
A 7113-5435 Six Mile Creek Contracts $7,000
Carried Unanimously
8.5 Finance/Controller’s Office - Request Authorization to Cover Red Accounts -
Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
RESOLVED, That the City Controller be empowered to make transfers within the 2007
Budget appropriations, as needed, for the remainder of the 2007 Fiscal year.
Carried Unanimously
December 5, 2007
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8.6 Human Resources - Donation of Fringe Benefits for Managerial Personnel -
Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, the Fringe Benefits for Managerial Personnel allows management to
donate up to forty hours of sick leave to other managerial employees who have
exhausted their time due to a prolonged illness, and
WHEREAS, a managerial employee who is retiring in February of 2008 has asked for
an exception to the Fringe Benefits for Managerial Personnel to allow a donation of
more than forty hours for a long term managerial employee who has had an extended
medical leave, and
WHEREAS, the retiring employee wishes to, instead of buying health insurance upon
retirement, donate the balance, after cashing in the amount allowed, to the employee in
need; now therefore be it
RESOLVED, That Common Council hereby authorizes this one-time exception to the
Fringe Benefits for Managerial Personnel and allows a donation of more than forty
hours.
Carried Unanimously
9. COMMUNICATION & EMERGENCY SERVICES COMMITTEE:
No items were submitted for the agenda
10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10.1 A Local Law to Repeal Chapter 146 of the City of Ithaca Municipal Code
Entitled “Building Construction,” also Known and Cited as the “Building Code
Enforcement Ordinance of the City of Ithaca, New York”
By Alderperson Tomlan: Seconded by Alderperson Cogan
LOCAL LAW NO. – 2007
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1: Chapter 146 of the City of Ithaca Municipal Code entitled “Building
Construction” also known and cited as the “Building Code Enforcement Ordinance”
originally adopted as Chapter 26 of the 1975 Municipal Code and amended thereafter is
hereby repealed in its entirety.
Section 2. Effective Date and Operative Date.
This Local Law shall take effect immediately upon its filing in the office of the Secretary
of State.
Alderperson Tomlan noted that a new version of this law is being proposed as the next
item on the agenda. A Vote on the Local Law resulted as follows:
Carried (9-0)
Alderperson Korherr absent from vote
10.2 An Ordinance to Enact a New Chapter 146 of the City of Ithaca Municipal
Code Entitled “Building Construction,” also Known and Cited as the “Building
Code Enforcement Ordinance of the City of Ithaca, New York”
By Alderperson Tomlan: Seconded by Alderperson Zumoff
ORDINANCE 07-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
A new Chapter 146 of the City of Ithaca Municipal Code entitled “Building Construction”
also known and cited as the “Building Code Enforcement Ordinance of the City of Ithaca
is hereby enacted as follows:
December 5, 2007
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Chapter 146, BUILDING CONSTRUCTION
ARTICLE I, General Provisions
§ 146-1. Legislative Purpose and Intent
A. Title.
This chapter shall be known and may be cited as the "Building Code Enforcement
Ordinance of the City of Ithaca, New York."
B. Purpose and Intent. [Amended 7-8-1987 by Ord. No. 87-21]
The purpose of this chapter is to provide for enforcement procedures in the City of
Ithaca for the New York State Uniform Fire Prevention and Building Code (Uniform
Code) and the New York State Energy Conservation Construction Code (Energy Code),
which was heretofore made applicable in the City of Ithaca by New York State
Executive Law § 381, Subdivision 2, and regulations and standards made applicable in
the City of Ithaca by the Common Council pertaining to the licensing, examining,
registering, inspecting and enforcement thereof of contractors, plumbers, electricians,
heating and ventilating installers and their work. Except as otherwise provided in the
Uniform Code, other state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions this
ordinance.
§ 146-2. Compliance required. [Amended 7-8-1987 by Ord. No. 87-21]
No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or
maintain any building, structure or portion thereof in violation of any provision of this
chapter, the New York State Uniform Fire Prevention and Building Code, the Energy
Code, this Municipal Code, laws, ordinances, rules and regulations of any agency
having jurisdiction over the subject matter nor fail to comply with lawful orders of the
Building Commissioner of the city, nor shall any person engage in any trade or
occupation required to be licensed pursuant to the provisions of this chapter without first
obtaining the proper license provided for hereunder, nor shall any person engage in any
trade or occupation required to be registered pursuant to the provisions of this chapter
without first properly registering as provided for hereunder.
§146-3. Definitions
“Building Permit” shall mean a permit issued pursuant to §146-5 of this ordinance. The
term “Building Permit” shall also include a Building Permit which is renewed, amended
or extended pursuant to any provision of this ordinance.
“Certificate of Occupancy” shall mean a certificate issued pursuant to §146-8A.
“Certificate of Completion” shall mean a certificate issued pursuant to §146-8B.
“Code Enforcement Officer” shall mean the Building Commissioner or her/his assistants
appointed pursuant to sections 146-4A, 146-4B, 146-4C and working under the
supervision of the Building Commissioner.
“Code Enforcement Personnel” shall include the Building Commissioner, Deputy
Building Commissioner, Senior Plan Examiner, Plan Review Officer, and all Inspectors.
“Compliance Order” shall mean an order issued by the Code Enforcement Personnel
pursuant to §146-4K
“Repair” shall mean the patching, restoration or renewal of any part of an existing
building with the same or similar materials for the purpose of its maintenance.
“Stop Work Order” shall mean an order issued pursuant to §146-7
December 5, 2007
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ARTICLE II Administration and Enforcement
§ 146-4. Administrative officers and functions.
A. The Office of Code Enforcement Officer is hereby created. The Office of Code
Enforcement Officer shall be known as the City of Ithaca Building Department. The
Code Enforcement Officer shall administer and enforce all the provisions of the Uniform
Code, the Energy Code and this ordinance. The Building Commissioner as appointed
by the Mayor shall be the Code Enforcement Officer for the City of Ithaca.
B. Building Commissioner. The Building Commissioner shall possess background
experience related to building construction or fire prevention and shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-service
training and other training as the State of New York shall require for code enforcement
personnel, and the Building Commissioner shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated there
under. In the event that the Building Commissioner is unable to serve as such for any
reason, an individual shall be appointed by the Mayor to serve as Acting Building
Commissioner. The Acting Building Commissioner shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred upon the Building
Commissioner by this ordinance.
C. Code Enforcement Personnel. The Building Commissioner may appoint, with the
approval of the Common Council, one or more Deputy Building Commissioners, Senior
Plan Examiners, Plan Review Officers, Code Inspectors, Building Inspectors, Housing
Inspectors and other Code Enforcement Personnel as necessary to work under his/her
supervision and to assist the Building Commissioner in the exercise of the powers and
fulfillment of the duties conferred upon the Building Commissioner by this ordinance.
Each Code Enforcement Personnel shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training and other training as the
State of New York shall require for code enforcement personnel, and each Code
Enforcement Personnel shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated there under.
D. Plumbing Inspector.
The Plumbing Inspector, under the supervision of the Superintendent of Public Works,
shall inspect all plumbing work within the jurisdiction of this chapter and determine its
compliance with the plumbing standards in effect in this city. [Amended 7-10-1985 by
L.L. No. 1-1985]
E. Electrical Inspector.
The Electrical Inspector, under the supervision of the Building Commissioner, shall
inspect all electrical installations within the jurisdiction of this chapter and determine its
compliance with all applicable electrical codes and standards in effect in the City of
Ithaca. [Amended 8-5-1992 by L.L. No. 3-1992; 12-6-2000 by Ord. No. 2000-14]
F. Enforcement.
(1) The Building Commissioner shall be responsible for the enforcement of the New
York State Uniform Fire Prevention and Building Code, hereafter referred to as the
"Uniform Code," The New York State Energy Conservation Construction Code, the City
of Ithaca Zoning Ordinance, and all other codes and ordinances applicable to building
construction and land use, and shall have the power to stop work not conforming to the
Building Code or being done in a generally careless or hazardous manner. The City of
Ithaca Fire Marshall shall be responsible for enforcement of the Fire Code of NYS – see
chapter 181. [Amended 7-8-1987 by Ord. No. 87-21]
(2) The Building Commissioner shall receive and examine all plans and
specifications for proposed new work, repairs, alterations, changes of use or removals
and shall record and file the same for safekeeping.
December 5, 2007
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(3) The Building Commissioner shall receive, review, and approve or disapprove
applications for Building Permits, Certificates of Occupancy, Certificates of Completion,
Temporary Certificates of Occupancy and the plans, specifications and construction
documents submitted with such applications. The Building Commissioner upon
approval of such applications, shall issue Building Permits, Certificates of Occupancy,
Certificates of Completion and Temporary Certificates of Occupancy, and include in
Building Permits, Certificates of Occupancy, Certificates of Completion and Temporary
Certificates of Occupancy such terms and conditions as the Code Enforcement Officer
may determine to be appropriate.
(4) The Building Commissioner shall have the authority to conduct construction
inspections, inspections to be made prior to the issuance of Certificates of Occupancy,
Certificates of Completion and Temporary Certificates of Occupancy, fire safety and
property maintenance inspections, inspections incidental to the investigation of
complaints, and all other inspections required or permitted under any provision of this
chapter.
(5) The Building Commissioner shall have the authority to issue Stop Work Orders.
(6) The Building Commissioner shall have the authority to review and investigate
complaints.
(7) The Building Commissioner shall have the authority to issue compliance orders.
(8) The Building Commissioner shall have the authority to collect all applicable fees
as set by this chapter.
(9) The Building Commissioner shall have the authority to pursue administrative
enforcement actions and proceedings.
(10) The Building Commissioner shall have the authority to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the Energy Code
and this chapter, or to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code or this chapter.
(11) The Building Commissioner shall have the authority to exercise all other powers
and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
G. Records.
(1) The Building Commissioner shall maintain records of all building operations and
particulars thereof in his/her jurisdiction.
(2) All such records, together with all drawings, specifications, statements, etc., so
filed, shall be considered public records and shall be open for inspection at reasonable
times but the copying of any drawing, specification or part thereof without the consent of
the architect, engineer or owner of the structure is hereby forbidden.
H. Right to enter buildings.
The Building Commissioner or the Building Commissioner's authorized representatives
shall have the right of entry, at all reasonable hours, to any building or site where work
is contemplated or being done under the provisions of this chapter, or to any building
alleged to be unsafe to life or health, upon the exhibition of proper evidence of authority;
and interference with such authorized entry in an official capacity shall be punishable as
a violation of this chapter.
I. Inspection of buildings.
The Building Commissioner or his/her deputy shall examine all buildings upon which or
within which work is being done under the provisions of this chapter as often as
practicable during the progress of the work; and particularly, the Building Commissioner
shall visit as often as may be necessary all construction, alteration or removal jobs
where a special hazard to public safety may be involved and shall promptly follow up all
complaints, inquiries and discrepancies occurring in connection with the building
operation under his/her jurisdiction.
December 5, 2007
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J. Issuance of appearance tickets.
The Building Commissioner or the Building Commissioner's designee is authorized to
issue appearance tickets in accordance with Article 150 of the New York State Criminal
Procedure Law.
K. Compliance Orders.
The Building Commissioner 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, or this
chapter. Upon finding that any such condition or activity exists, the Building
Commissioner or his/her designee shall issue a Compliance Order. The Compliance
Order shall
(1) be in writing;
(2) be dated and signed by the Building Commissioner or his/her designee;
(3) specify the condition or activity that violates the Uniform Code, the Energy Code, or
this chapter;
(4) 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;
(5) specify the period of time which the Building Commissioner or his/her designee
deems to be reasonably necessary for achieving compliance;
(6) direct that compliance be achieved within the specified period of time; and
(7) state that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time.
The Building Commissioner or his/her designee shall cause the Compliance Order, or a
copy thereof, to be served on the owner of the affected property personally or by
registered mail. The Building Commissioner or his/her designee shall be permitted, but
not required, to cause the Compliance Order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction superintendent, or their
agents, or any other Person taking part or assisting in work being performed at the
affected property personally or by registered mail; provided, however, that failure to
serve any Person mentioned in this sentence shall not affect the efficacy of the
Compliance Order.
§ 146-5. Building Permits.
A. Building Permits Required.
Except as otherwise provided in subdivision (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 a Historic District (see Chapter
228). 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):
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(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 (13.88 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 4 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;
(6) construction of temporary motion picture, television and theater stage sets
and scenery remaining in place for less than 180 days;
(7) 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) installation of partitions or movable cases less than 5’-9” in height;
(9) painting, wallpapering, tiling, floor covering and other similar finish work;
(10) 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) 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 non-compliant work.
The exemption from the requirement to obtain a building permit for work in any category
set forth in subdivision (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 or other applicable codes and ordinances.
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D. Applications for Building Permits.
Applications shall be made in writing on a form provided by the Building Department.
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 and other applicable codes and
ordinances. The application shall include or be accompanied by the following
information and documentation:
(1) a description 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 prepared in accordance
with the provisions of the Uniform Code; and
(5) where applicable, an Elevation Certificate
(6) at least 2 sets of construction documents (drawings and/or specifications)
which:
(a) define the scope of the proposed work;
(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 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;
(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. 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.
E. Construction Documents.
Plans shall be drawn to scale, for principal working drawings not less than 1/8 inch to
one foot, except that extensive plot plans may be drawn at a smaller scale in the
discretion of the Building Commissioner. Details at larger scales or parts on which
particular information is required shall be furnished to the Code Enforcement Officer as
required. Specifications shall be true and legible copies, suitably arranged and
paragraphed so as to be conveniently read and so prepared as to leave no uncertainty
as to materials and quality of construction required. Plans for sheds and other
construction of minor importance will be acceptable if rough-sketched but with accurate
dimensions. It shall be unlawful to make any change in either drawings or specifications
December 5, 2007
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after a permit has been granted, except as such change involves no appreciable
difference in the terms of the application or permit. Construction documents which are
accepted as part of the application for a Building Permit shall be marked as accepted by
the Code Enforcement Officer in writing or by stamp. One set of the accepted
construction documents shall be retained by the Building Department, and one set of
the accepted construction documents shall be returned to the applicant to be kept at the
work site so as to be available for use by Code Enforcement Personnel. However, the
return of a set of accepted construction documents to the applicant shall not be
construed as authorization to commence work, nor as an indication that the Building
Permit will be issued. Work shall not commence until and unless a Building Permit has
been issued.
F. Imperfect plans; rejections.
(1) If the information in the application, plans or specifications is indefinite or
incomplete, the Code Enforcement Officer shall decline to issue the permit until such
defect or deficiency shall have been corrected. Undimensioned plans shall be deemed
incomplete.
(2) An applicant for a permit which has been rejected under this section may, upon
request, receive from the Code Enforcement Officer a written statement of the exact
reasons for such rejection.
G. Disposal of plans.
Plans and specifications for all buildings of a public nature or for other buildings three or
more stories in height or intended to be occupied by a hazardous industry or business
shall become the property of the office of the Building Commissioner. Plans and
specifications other than those described above shall be kept on file for a period of two
years from the date of completion of construction and may be returned to the owner
upon request if so requested within 30 days, after which time they may be destroyed.
H. Issuance of Building Permits.
(1) An application for a Building Permit shall be examined to ascertain whether the
proposed work is in compliance with the applicable requirements of the Building Code,
the Energy Code, the City of Ithaca Zoning Ordinance and other applicable codes and
ordinances. The Code Enforcement Officer shall issue a Building Permit only if the
proposed work is in compliance with the applicable requirements of the applicable
codes and ordinances.
(2) An application for a Building Permit for work involving material changes in the use or
appearance of a designated landmark, or a structure, memorial or site within a Historic
District shall not be issued until a Certificate of Appropriateness has been issued by the
Landmarks Preservation Commission. (See Chapter 228)
(3) An application for a Building Permit for work subject to Site Plan Review shall be
issued only after Site Plan Review approval. (See Chapter 276)
I. Building Permits to be Displayed
Building Permits shall be visibly displayed at the work site and shall remain visible until
the authorized work has been completed.
J. Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the Building Permit. The
Permit holder shall immediately notify the Code Enforcement Officer of any change
occurring during the course of the work. If the Code Enforcement Officer determines
that such change warrants a new or amended Building Permit, such change shall not be
made until and unless a new or amended Building Permit is issued.
K Permit fees.
(1) Permit fees shall be paid by check or money-order before permit review can
commence according to the following schedule:
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December 5, 2007
Permit Type Fee
Building permit, where the total valuation of the
work is:
$5,000 or less $35
Above $5,001 $7 for each $1,000 or fraction
thereof
Provided, however, that:
[1] The above fee shall be reduced by 1/2 if the subject property has an exemption
pursuant to Article I of Chapter 300 of this Municipal Code (senior citizens
exemption).
[2] The above fee shall be doubled where work has been started before the
contractor/owner has obtained a building permit. All work shall be stopped until such
time as the contractor/owner has obtained the necessary building permit.
[3] Other inspections and fees related to building construction:
Permit Type Fee
Requested inspections outside normal
business hours (minimum per hour
charge, 2 hours in addition to the permit
fee)
$60
Plan review for projects exceeding $5,000
(where no permit is requested
50% of permit fee schedule (amount to
be applied to permit fee)
Additional plan review required by
changes, additions or revisions to
approved plans
$35 per hour
Building permit renewal; can only be
renewed once
$35 or 10% of the original permit,
whichever is larger
Certificates of occupancy $35 per hour for each hour of
inspection, review or analysis
Temporary certificates of occupancy
First six months
For building projects less than
$48,000
$100
For building projects $48,000 or more 35% of the ultimate building permit fee
of $7 per $1,000 of actual construction
cost or $2,500, whichever is less
After six months; one renewal for a period
not to exceed the expiration date of the
extension of the original permit
For building projects less than
$48,000
$100
For building projects $48,000 or more 35% of the ultimate building permit fee
of $7 per $1,000 of actual construction
cost
Plan review and consultation for
proposed projects and/or projects in
which a building permit is not ready to be
applied for
$35 per hour
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(2). Statement of costs.
Each application for a permit under this chapter shall be accompanied by an estimate of
cost, for the purpose of record. Such estimate shall be furnished by the owner or
contractor and, so far as possible, shall be based upon bona fide contracts made for the
work. Otherwise, the Code Enforcement Officer shall make an estimate of the probable
cost of the work. In either case, this preliminary estimate shall be corrected for the
permanent record by reference to final cost figures before a Certificate of Occupancy or
Certificate of Completion is issued.
(3) Costs shall be assumed to include both labor and materials. In cases where cost
information is not readily available to the Code Enforcement Officer and there exists a
question of the value of any alteration or addition, the Code Enforcement Officer shall
have the discretionary power to make his/her own estimate of such labor, material and
other costs. A cost of labor must always be provided even in cases where an owner
does the work and does not charge for their own labor. Labor costs shall be estimated
to be at least equal to federal minimum labor standards in effect at the time.
(4) In the event that an application for a building permit is not approved, the
applicant shall be entitled to a refund of 50% of the fee paid, provided that no work has
commenced. If construction work has been started and the application is not approved,
no part of the fee paid shall be refunded. If the building permit has been issued no part
of the building permit fee paid shall be refunded.
(5) Any amendment to the application or the plans or specifications upon which the
building permit has been issued must be filed and an amended building permit obtained
prior to the commencement of any work which is either inconsistent with or in addition to
the application or the plans or specifications upon which the building permit has been
issued. If there is an increase in the value of the project as a result of the amendment,
an additional fee shall be paid for that increase, based on the fee schedule above. If
there is no increase in the value of the project as a result of the amendment, but
additional plan review time is incurred, an additional fee of $35 per hour shall be paid for
the additional plan review time.
L. Approval by other departments.
Permits requiring the approval of all or parts of the proposed work by the Fire Chief, the
Board of Public Works, the Board of Health or other authority shall not be issued until
such approval, in writing, shall have been first obtained. This shall also apply to work
subject to approval by state or federal authorities.
M. Permit to erect part of a building.
Nothing in this chapter shall be construed to prevent the Code Enforcement Officer from
issuing a permit for the construction of part of a building or structure, other conditions
having been complied with, before the entire plans and a detailed statement concerning
said building or structure have been submitted or approved, provided that, when a
foundation permit is applied for, sufficient information shall be furnished about the
superstructure to enable satisfactory determination of the strength of the proposed
work.
N. Permit includes contractor's plant.
A building permit shall entitle the builder to install and maintain at the site during
construction all necessary storage sheds, scaffolding, hoists and other equipment for
the prosecution of the work in conformity with the Building Code, the rules of the State
Industrial Commission and others having jurisdiction, provided that neither sheds nor
equipment shall encroach upon the public right-of-way without special permission.
O. Time Limits
Building Permits shall become invalid unless the authorized work is commenced within
6 months following the date of issuance. Building Permits shall expire 2 years after the
date of issuance except that Building Permits that authorize work with a construction
value of more than $15,000,000 shall remain in effect for a period of three years. A
Building Permit may be renewed prior to the expiration date for one additional 2 year
period upon application by the Permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer, provided that:
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(1) the permit has not been revoked at the time of the application for renewal;
(2) the relevant information supplied on the original permit application is current,
and
(3) all changes to the scope of work, or methods and materials to be used are in
accordance the construction documents submitted and with the Uniform Code,
the Energy Code, the City of Ithaca Zoning Ordinance and other applicable
codes.
P Revocation or suspension of Building Permits
If the Code Enforcement Officer determines that a Building Permit was issued in error
because of incorrect, inaccurate or incomplete information, or that the work for which a
Building Permit was issued violates the Uniform Code, the Energy Code, the City of
Ithaca Zoning Ordinance, or other applicable code, the Code Enforcement Officer shall
revoke the Building Permit, or suspend the Building Permit until such time as the Permit
holder demonstrates that:
(1) all completed work is in compliance with all applicable provisions of the
Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, or other
applicable code; and
(2) all work proposed to be performed shall be in compliance with all applicable
provisions of the Energy Code, the City of Ithaca Zoning Ordinance, or other
applicable code.
§146-6 Construction Inspections. [Added 7-8-1987 by Ord. No. 87-20; amended 12-7-
2005 by Ord. No. 05-24EN]
A. All persons who hold a building permit under this chapter shall make the
premises available for inspection upon reasonable notice from the Building Department
during ordinary business hours.
B. As a condition of the granting of any building permit herein, the Code
Enforcement Officer may, in his/her discretion, provide for a schedule of mandatory
inspections of any project at such times during the course of construction as will permit
the observation of the foundation, structural elements, electrical systems, plumbing
systems, heating, ventilation and air-conditioning systems, fire protection and detection
systems and exit features.
C. Failure to make the premises available for the inspections set forth above shall
constitute good and sufficient grounds for the revocation of any building permit granted
under this chapter.
D. Work shall remain accessible and exposed until inspected and accepted by the
Code Enforcement Officer. The Permit holder shall notify the Code Enforcement Officer
when any element of work described in subdivision (E) of this section is ready for
inspection.
E. The following elements of the construction process shall be inspected, where
applicable:
(1) work site prior to issuance of a Building Permit;
(2) footings and foundation;
(3) preparation for concrete slabs;
(4) framing;
(5) electrical, plumbing and HVAC systems including underground and rough-in;
(6) fire alarm systems, fire detection devices or systems, fire protection systems,
fire suppression systems including rough in and final operational testing;
(7) emergency lighting, emergency power;
December 5, 2007
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(8) fire resistant construction, fire resistant penetrations;
(9) exit access, exit enclosures, exit discharge, exit lighting, exit signs;
(10) heating appliances including solid fuel burning heating appliances,
chimneys, flues or gas vents;
(11) Energy Code compliance;
(12) a final inspection after all work authorized by the Building Permit has been
completed:
F. After inspection, the work or a portion thereof shall be noted as satisfactory as
completed, or the Permit holder shall be notified as to where the work fails to comply
with the applicable code. Work not in compliance shall remain exposed until such work
shall have been brought into compliance with all applicable provisions of the Uniform
Code, the Energy Code, or other applicable code, reinspected, and found satisfactory
as completed.
§146-7 Stop Work Orders
A. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant
to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:
(1) any work that is determined by Code Enforcement Officer to be contrary to
any provision of the Uniform Code, the Energy Code, or the City of Ithaca Zoning
Ordinance, without regard to whether such work is or is not work for which a
Building Permit is required, and without regard to whether a Building Permit has
or has not been issued, or
(2) any work that is being conducted in a dangerous or unsafe manner in the
opinion of the Code Enforcement Officer, without regard to whether such work is
or is not work for which a Building Permit is required, and without regard to
whether a Building Permit has or has not been issued, or
(3) any work for which a Building Permit is required which is being performed
without the required Building Permit, or under a Building Permit that has become
invalid, has expired, or has been suspended or revoked.
B. Content of Stop Work Orders
Stop Work Orders shall:
(1) be in writing;
(2) be dated and signed by the Building Commissioner or authorized Code
Enforcement Personnel;
(3) state the reasons for issuance,
(4) if applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. Service of Stop Work Orders
The Building Commissioner or authorized Code Enforcement Personnel shall cause the
Stop Work Order, or a copy thereof, to be served on the owner of the affected property,
and if the owner is not the Permit holder, on the Permit holder, personally or by first
class mail. The Building Commissioner or authorized Code Enforcement Personnel
shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to
be served on any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or assisting in work
affected by the Stop Work Order, personally or by first class mail; provided, however,
that failure to serve any person mentioned herein shall not affect the efficacy of the Stop
Work Order.
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D. Effect of Stop Work Order
Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit
holder, and any other person performing, taking part in or assisting in the work shall
immediately cease all work which is the subject of the Stop Work Order.
E. Remedy not exclusive
The issuance of a Stop Work Order shall not be the exclusive remedy available to
address any event described in subdivision (A) of this section, and authority to issue a
Stop Work Order shall be in addition to, and not in substitution for or limitation of, the
right and authority to pursue any other remedy or impose any other penalty under this
chapter or under any other applicable local or State law. Any such other remedy or
penalty may be pursued at any time, whether prior to, at the time of, or after the
issuance of a Stop Work Order.
§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 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 Building Commissioner 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 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 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. In
addition, where applicable, the following documents prepared in accordance with the
provisions of the Uniform Code 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 the
Code Enforcement Officer 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.
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;
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(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;
(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 Building Commissioner or authorized Code Enforcement
Personnel issuing the Certificate of Occupancy or Certificate of Completion and
the date of issuance.
E. Temporary Certificates
(1)The Building Commissioner 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 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 6 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 City of Ithaca Zoning Ordinance and the
conditions of site plan approval, if any. Temporary Certificates of Occupancy may
be renewed for one additional period of not more than 6 months upon application
and payment of the fee provided for in section 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.
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G. Fees
The fee specified in or determined in accordance with the provisions set forth in section
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.
ARTICLE III, Unsafe Buildings
§ 146-9. Identification and notification. [Amended 6-13-2001 by Ord. No. 2001-5]
A. The Building Commissioner may order any building which, in his/her opinion, is
unsafe or is not provided with sufficient means of egress or exits to be vacated
forthwith.
B. All buildings or structures or portions of buildings or portions structures which are
structurally unsafe, unsanitary or which constitute a fire hazard or are otherwise
dangerous to human life or which, in relation to existing uses, constitute a hazard to
safety or health by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment are severally, for the purpose of this article, unsafe buildings. All such
unsafe buildings are hereby declared to be illegal and shall be abated by repair or
demolition in accordance with the procedure of this article. The Building Commissioner
has the authority to order a building or structure or portion of a building or portion of a
structure to be demolished rather than repaired.
C. The Building Commissioner after consulting with the City Forester has the
authority to order a tree or trees or parts of a tree or trees to be removed if the tree is
dead or parts of the tree are dead and any branches or parts of the tree have fallen or
are falling constituting a hazard to any building or structure or person.
D. Whenever the Building Commissioner shall find any building, structure or portion
thereof to be unsafe, as defined in this article, the Building Commissioner shall cause
service of notice upon the owner and all other persons having any interest in such
property upon which the unsafe building is located, either personally or by registered
mail, addressed to his/her last known address as shown by the records of the
Assessor's office of the city and/or in the office of the County Clerk, containing a
description of the premises, a statement of the particulars in which the building or
structure is unsafe or dangerous and an order of the Building Commissioner requiring
the same to be repaired or removed; and if such service is made by registered mail, the
Building Commissioner shall cause the posting of a copy of such notice on the
premises.
(1) If the Building Commissioner finds that there is actual and immediate danger of
failure or collapse so as to endanger life, such notice shall also require the building,
structure or portion thereof to be vacated forthwith and not reoccupied until the specific
repairs and improvements are completed, inspected and approved by the Building
Commissioner or his/her designee.
(a) The Building Commissioner shall cause to be posted at each entrance to such
building a notice: "THIS BUILDING IS UNSAFE AND ITS USE AND OCCUPANCY HAS
BEEN PROHIBITED BY THE BUILDING COMMISSIONER OF THE CITY OF ITHACA,
NEW YORK. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE
OR DESTROY THIS NOTICE WITHOUT PERMISSION FROM THE BUILDING
COMMISSIONER".
(b) Such notice shall remain posted until the required repairs are made or demolition
is completed. It shall be unlawful for any person, firm or corporation or their agents or
servants to remove such notice without written permission of the Building Commissioner
or for any person to enter the building except for the purpose of making the required
repairs or of demolishing said building. The owner of the subject building or structure
shall be responsible for obtaining the requisite permit pursuant to § 146-5 before
commencing the repairs or demolition.
(2) In cases of emergency which, in the opinion of the Building Commissioner,
involve imminent danger to human life or health, he/she shall promptly cause such
building, structure or portion thereof to be made safe or removed. For this purpose, the
Building Commissioner or his/her designee may at once enter such structure or land on
which it stands, or abutting land or structure, with such assistance and at such cost as
December 5, 2007
22
may be necessary. The Building Commissioner may order that adjacent structures be
vacated and may protect the public by appropriate barricades or such other means as
may be necessary and for this purpose may close a public or private way.
E. The notice shall contain the time within which the owner so served shall
commence the repair or removal of such unsafe building.
F. The notice may also be filed in the office of the County Clerk, which notice shall
be filed by the Clerk in the same manner as a notice of pendency pursuant to Article 65
of the Civil Practice Law and Rules and shall have the same effect as a notice of
pendency as therein provided, except as otherwise hereinafter provided in this
subsection. A notice so filed shall be effective for a period of one year from the date of
filing; provided, however, that it may be vacated upon the order of a judge or justice of a
court of record or upon the consent of the City Attorney. The County Clerk shall mark
such notice and any record or docket thereof as canceled of record upon the
presentation and filing of such consent or of a certified copy of such order.
G. The notice shall further contain a statement that a hearing can be requested in
writing to the Building Commissioner within five business days of receipt of the notice.
H. If a hearing is requested, the same shall be held before the Building Code Board
of Appeals not less than two weeks nor more than four weeks after the request for a
hearing is received. The person requesting the hearing shall be notified in writing at
least seven days prior to the hearing of the time and place of the hearing.
I. In the event that a hearing is held or if the owner does not appear and it is
determined by the Building Code Board of Appeals that there is an unsafe building
located upon the premises and the owner fails to commence the repair or removal of the
unsafe building within the time specified in the notice of determination, the Building
Commissioner shall notify the Superintendent of Public Works that the owner has failed
or refuses to repair or remove the unsafe building within the time provided.
J. Removal or repair by city; costs.
Upon notification that the owner has failed or refuses to repair the unsafe building, the
Superintendent of Public Works shall cause the repair or removal of the unsafe building.
After the work has been completed, the Superintendent of Public Works shall file in the
office of the City Chamberlain a verified statement of all the direct costs of the same,
together with a charge of 50% in addition thereto as compensation to the city for
administering, supervising and handling said work.
K. Assessment and lien. [Amended 1-3-1990 by Ord. No. 90-1]
Upon receipt of the verified statement, the City Chamberlain shall enter the same in
his/her records as a lien against the premises and shall add the same to the next
assessment roll of general city taxes and shall collect and enforce the assessment in
the same manner by the same proceedings, at the same time and under the same
penalties as the general city tax and as a part thereof, except that, in addition to the
penalties heretofore stated, interest shall accrue from the date of filing to the date of
actual payment at 12% per annum.
L. Other remedies.
Notwithstanding any provision herein to the contrary, the city may, at its election,
institute suit against the owner of said premises for the direct costs, together with a
charge of 50% in addition thereto as compensation to the city for administering,
supervising and handling said work, and enter judgment thereon against the owner
personally for the aforesaid amount. The imposition and collection of any fine or penalty
hereinafter prescribed shall not bar the right of the city to collect the cost of the removal
or repair of any unsafe building as herein prescribed.
M. Completion of work within reasonable time.
The failure of the owner to complete the repairs or to remove the unsafe building within
a reasonable time after due notice shall subject the owner to the same procedure and
penalties as herein set forth.
December 5, 2007
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N. Transfer of title.
The transfer of title by the owner of premises upon which an unsafe building is located
shall be no defense to any proceedings under this chapter.
§ 146-10. Building Code Board of Appeals.
A. There shall be a Building Code Board of Appeals consisting of three members to
be appointed by the Mayor with the approval of the Common Council for terms of three
years each. This Board shall be composed of one general contractor, one registered
architect and one licensed professional engineer. No member of the Board of Appeals
shall sit in any case in which he/she has a personal interest; and in any such case, the
Mayor shall appoint a substitute for such interested member.
B. Any person ordered to repair, remove or vacate a building and who is in
disagreement with the judgment of the Building Commissioner may appeal to the
Building Code Board of Appeals, provided that a written statement setting forth the
reasons for such appeal is filed with the Secretary of the Board within five (5) business
days of the service of the order upon such person. The Building Commissioner shall
notify such person of this right to appeal and of this five business day time limitation.
Upon receipt of such appeal, the Board shall hold a hearing within 30 days and, after
review of all evidence, shall affirm, modify or annul the action of the Building
Commissioner. [Amended 7-8-1987 by Ord. No. 87-18]
§ 146-11. Demolition.
A. Before the demolition or removal of any building or structure is begun, a verified
application shall be prepared by the owner, architect, builder or contractor, on
appropriate blanks furnished by the Building Commissioner, containing a statement of
the facts in relation thereto and as to the location and ownership thereof. The
application shall be filed with the Building Commissioner at least 10 working days before
the proposed demolition, except in the case of buildings previously declared to be
hazardous or unsafe. The Building Commissioner shall notify the Department of
Planning and Development and the Landmarks Preservation Commission of all
requests for demolition permits immediately upon official receipt of such request and at
least five working days before issuing the required written permit for the demolition of
any building or structure. The official requirement for a ten-day delay may be waived by
both the Department of Planning and Development and the Landmarks Preservation
Commission by written notice to the Building Commissioner. Such permit shall expire by
limitation two months from the date of its issuance. [Amended 9-5-1979 by Ord. No. 79-
8]
B. Before any permit is issued granting authority to wreck a building or structure for
which such permit is required, the person, firm or corporation engaged in the work of
wrecking the same shall file, when required by the Building Commissioner, a bond or
public liability insurance continuing a personal injury and property damage provision,
which bond or insurance policy shall be approved by the City Attorney, to indemnify,
keep and save harmless the city against any loss, cost, damage, expense, judgment or
liability of any kind whatsoever which may accrue against or be charged to or recovered
from said city or any of its officials from or by reason of or on account of accidents to
persons or property during any such wrecking operations and from or by reason of or on
account of any thing done under or by virtue of any permit granted for any such
wrecking operations.
C. Said bond or public liability insurance shall be in amounts to be determined by
the Building Commissioner, who may require additional sums as protection for the city
as may be necessary from time to time thereafter.
D. In demolishing any building or structure or part thereof, story after story shall be
completely removed. No material shall be placed upon a floor of any building in the
course of demolition, and the bricks, timbers and other parts of each story shall be
lowered to the ground immediately upon displacement. The material to be removed
shall be properly wet to lay the dust incident to its removal.
E. When any building or structure over 40 feet in height is demolished, a shed or
other protection may be required by the Building Commissioner.
December 5, 2007
24
F. Furthermore, before any permit is issued as aforesaid, the Building
Commissioner shall determine the reasonable time required for the demolition or
removal of the building or structure involved, and the permit shall be issued on the
condition that demolition or removal is completed within the time limitation specified;
and the contractor shall be required to provide security, in the form of a surety bond or
certified check, to insure compliance with the time limitation as set by the Building
Commissioner, in amounts to be determined by the Building Commissioner and in a
form to be approved by the City Attorney.EN
ARTICLE IV Plumbing [Amended 11-3-1982 by Ord. No. 82-10]
§ 146-16. Title.
This article shall be known and cited as the "Plumbing Code of the City of Ithaca."
§ 146-17. Purpose.
The purpose of this code is to provide basic and uniform plumbing rules and
regulations, in terms of performance objectives implemented by specific requirements,
establishing reasonable safeguards for sanitation in and adjacent to buildings to protect
the public health against the hazards of inadequate or unsanitary plumbing installations
and to promote available, competent plumbing services for all consumers.
§ 146-18. Construal; conflict with other provisions. [Amended 7-8-1987 by Ord. No. 87-
21]
This article applies to the administration and enforcement of Article 4 of the General City
Law and the New York State Uniform Fire Prevention and Building Code (hereafter
referred to as the "Building Code") applicable to plumbing and all local provisions as set
forth herein. The local provisions set forth herein in certain part derive from and are
otherwise intended to supplement Article 4 of the General City Law and the Building
Code applicable to plumbing. To the extent that any local provision is irreconcilably
inconsistent in whole or in part with any provision of Article 4 of the General City Law or
any part of the Building Code applicable to plumbing, then the same is void and
unenforceable.
§ 146-19. Interpretation. [Amended 7-8-1987 by Ord. No. 87-21]
The provisions herein shall be interpreted in accordance with generally accepted
plumbing principles, Article 4 of the General City Law and the Building Code applicable
to plumbing. Any remaining questions or clarifications shall be left to the discretion of
the Plumbing Inspector and the Examining Board of Plumbers, subject to rights of
appeal as set forth herein.
§ 146-20. Applicability.
All plumbing work in the City and all plumbing work where the real property is situated
outside the City and will obtain its water supply from water furnished by the City or
where the sewage from the property will eventually be discharged through the sewerage
system of the City, including the connection of water heaters and domestic water-
heating systems to the City water supply, shall come under the provisions of this article.
§ 146-21. Work in progress.
Work in progress on the effective date of this article and work for which the plans have
heretofore been approved are excepted from the provisions of this article and shall be
performed in accordance with the Plumbing Code local laws and regulations and
ordinances in force an effect prior to the effective date of this article.
§ 146-22. Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPRENTICE PLUMBER — Any person in the employment of a registered, licensed
master plumber, or duly enrolled in any state or federal certified plumbing apprentice
program, who is a beginner or novice in the trade of plumbing for a minimum period of
four years.
CERTIFICATE OF COMPETENCY — A certificate issued by the Examining Board of
Plumbers certifying that the person indicated has been duly examined and has been
found to be responsible, qualified and competent to conduct the business of plumbing in
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25
this City as a master plumber or to engage in the trade of plumbing in this City as a
journeyman plumber.
CODE APPEALS BOARD — The Building Code Board of Appeals, as constituted under
§ 146-10 of this chapter, and the Plumbing Inspector as an ex officio, nonvoting
member shall sit as the Code Appeals Board of the City of Ithaca.
EXAMINING BOARD OF PLUMBERS — The examining and supervising board of
individuals, constituted and charged as set forth herein.
INSPECTOR — The chief inspector of plumbing and drainage charged with the
enforcement of this code and plumbing rules and regulations governing plumbing and
drainage.
JOURNEYMAN PLUMBER — One who has served an apprenticeship and has qualified
by examination or experience to perform the work of installing plumbing and drainage
under the direction of a master plumber and who is so certified by the Examining Board
of Plumbers and is registered within the current calendar year.
MASTER PLUMBER — One who is qualified and duly licensed to engage in the trade,
business or calling of plumbing and gas-fitting and/or the business of contracting for the
installation of such work, as defined in and according to this code, Article 4 of the
General City Law and the Building Code applicable to plumbing, and who holds a
certificate of competency issued by the Examining Board of Plumbers and is registered
and licensed within the current calendar year. [Amended 7-8-1987 by Ord. No. 87-21]
MINOR REPAIRS — Repairs involving only the working parts of a faucet or valve or the
clearance of stoppages or the stopping of leaks or the replacement of a defective faucet
or valve with a new one of the same or similar type.
PLUMBING — Within buildings, the installation, repair, replacement and relocation of
the pipes, fixtures and other apparatus for bringing in and distributing the water supply,
removing liquid and waterborne waste and removing rainwater and other liquid
drainage. The term is also used to denote the installed fixtures, drainage vent and
piping of a building.
PLUMBING SYSTEMS — When applied to building or premises, includes the water
supply distributing pipes, the fixtures and the fixture traps, the soil, waste and vent
pipes, the building house drain and the building house sewer and the stormwater
system, with their devices, appurtenances and connections within the building and
adjacent premises. Such term shall also include the primary City water supply
connected to any plumbing fixture appliance, heating or cooling boiler or compressor,
humidifier or any other apparatus or device, automatic or nonautomatic, instantaneous,
tank- or tankless-type, direct or indirect domestic water-heating equipment or any other
type of equipment which receives its primary water supply from the Ithaca City water
system, also including the main drains or waste from such equipment.
PRIVATE PROPERTY OWNER — The actual or beneficial owner of private real
property covered by this article. A tenant or other nonowning occupant shall not be
considered a private property owner.
PRIVATE PROPERTY PLUMBING — Within buildings, the installation, repair,
replacement and relocation of the pipes, fixtures and other apparatus for bringing in and
distributing the water supply, removing liquid and waterborne waste and removing
rainwater and other liquid drainage by the private property owner only on premises
actually owned by the owner. The term is also used to denote the installed fixtures,
drainage vent and piping of the building by a private property owner on premises owned
by the owner. The term does not include any plumbing in new building construction,
except residential property by the residential owner of such property; it also does not
include any industrial plumbing or any plumbing involving chemicals or toxic wastes
other than sewage wastes. All private property plumbing is subject to the permit, fee
and inspection requirements of this article and must otherwise meet all Plumbing Code
requirements.
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§ 146-23. Examining Board of Plumbers.
A. Composition. The Examining Board of Plumbers shall be composed of two master
plumbers with not less than 10 years' experience as licensed plumbers and one
journeyman plumber with 10 years' experience, to be appointed by the Mayor and to
serve terms of three years each; the Assistant Superintendent of Public Works for water
and sewers; and the Chief Plumbing Inspector. All members shall be citizens and actual
residents of the City of Ithaca.
B. Powers and duties. The Examining Board of Plumbers shall have the power and it
shall be its duty:
(1) To meet at stated intervals and also to meet whenever the Board of Health or the
Mayor shall, in writing, request it so to do.
(2) To have jurisdiction over and to examine all persons desiring or intending to engage
in the trade or business of plumbing in the City of Ithaca; to examine persons applying
for certificates of competency as master plumbers, journeyman plumbers or inspectors
of plumbing; to determine the fitness and qualifications of such applicants to conduct the
business of plumbing or to act as inspectors of plumbing; and to issue certificates of
competency to all such persons who shall have passed a satisfactory examination
before such Board and shall be by it determined to be qualified as plumbers or
competent to act as inspectors of plumbing.
(3) To formulate, in conjunction with the Tompkins County Board of Health or an officer,
board or body performing the duties of the Board of Health, a code of rules regulating
the work of plumbing and drainage in Ithaca, including private property plumbing,
including the materials, workmanship and manner of executing such work and
amendments thereto.
(4) To charge and collect from each person applying for examination the sum of $10 for
each examination. All moneys so collected shall be paid over by the Board weekly to
the City Chamberlain.
(5) To review and submit to the Code Appeals Board for recommendation to the Board
of Public Works fee schedules for registration, licensing, examination, fixture fees and
other additions to be approved by the Code Appeals Board and the Board of Public
Works, as necessary, not inconsistent with other state and local laws.
§ 146-24. Plumbing Inspector.
A. Qualifications. The position of Plumbing Inspector is hereby continued. The Plumbing
Inspector shall:
(1) Be appointed by the Board of Public Works, to act under the supervision of the
Superintendent Public Works, subject to related terms of employment.
(2) Be a practical plumber.
(3) Not be engaged, either directly or indirectly, in the business of plumbing during
his/her term of office.
(4) First obtain a certificate of competency from the Examining Board of Plumbers.
(5) Be a citizen and actual resident of the City of Ithaca unless waived by the Board of
Public Works by a majority of its members, upon conferral with the Director of Human
Resources, and if so waived be a citizen and actual resident of Tompkins County or an
abutting or adjacent county. [Amended 12-7-2005 by L.L. No. 7-2005]
B. Duties. The duties of the Plumbing Inspector shall be:
(1) The examination and approval of plans and specifications.
(2) The inspection of plumbing and drainage.
(3) The conduct of tests.
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(4) The issuance of plumbing permits and certificates of approval upon payment of all
appropriate fees. All moneys so collected shall be paid over weekly to the City
Chamberlain.
(5) Advisory service to the public in matters of plumbing regulations.
(6) The reinspection and sanitary maintenance of plumbing and private property
plumbing.
(7) Investigation of all written complaints and all alleged violations of this code and filing
of complaints accordingly.
(8) The enforcement of this code by all means available at law, including but not limited
to the reporting of any violations, in writing, to the Superintendent of Public Works and
the Building Commissioner, who shall have the power to make such orders and to take
such action as may be proper requiring the owner of such property to comply with this
code and to replace, repair, reconstruct or reinstall such plumbing in accordance with
this code under the supervision of the Plumbing Inspector.
§ 146-25. Registration.
A. Master plumber.
(1) Every employing or master plumber, before engaging in the trade, business or
calling of plumbing in the City of Ithaca shall:
(a) Appear in person at the office of the City Chamberlain and register his/her name and
place of business in a book kept for that purpose.
(b) Furnish a certificate of competency as a master plumber, signed by the Examining
Board of Plumbers, that the applicant is known to it as a person educated to the
business and qualified to receive a license.
(c) Furnish proof of liability insurance coverage as required by § 146-28 below.
(d) Obtain the license plate prescribed by § 45 of the General City Law.
(2) Upon payment of the designated fee, he/she shall be entitled to receive a plumbing
license as a master plumber. No license shall be issued for more than one year, and it
must be renewed before the 10th day of January of each succeeding year. The fee for
the original license shall be $100. The fee for the renewal of such license shall be $25
annually.
(3) Notice of any change in the place of business of a registered master plumber shall
be given to the City Chamberlain, in writing, within 10 business days of the change.
Master plumbers shall not sell, loan or assign their certificates or licenses.
B. Journeyman plumber.
(1) Every journeyman plumber, before engaging in the trade of plumbing in the City of
Ithaca, shall:
(a) Appear in person at the office of the City Chamberlain and register by name and
employer in a book kept for that purpose.
(b) Furnish a certificate of competency as a journeyman, signed by the Examining
Board of Plumbers, that the applicant is known to it as a person qualified as a
journeyman to work in the City of Ithaca and to receive a license.
(c) Furnish proof of liability insurance coverage as required by § 146-28 below.
(2) Upon payment of the designated fee, he/she shall be entitled to receive a plumbing
license as a journeyman plumber. No license shall be issued for more than one year,
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and it must be renewed before the 10th day of January of each succeeding year. The
fee for such license and registration shall be $10 annually.
(3) Notice of any change in employment of a registered journeyman plumber shall be
given to the City Chamberlain, in writing, within 10 business days of the change.
Journeyman plumbers shall not sell, loan or assign their certificates or licenses.
C. Apprentice plumber. Every apprentice plumber, within 30 days after enrollment in any
state or federal certified apprentice program or before engagement in any independent
apprentice employment by a master plumber in the trade of plumbing in the City of
Ithaca, shall:
(1) Appear in person at the office of the City Chamberlain and register his/her name, the
nature of the apprentice program and employment, if any, and the name of his/her
employer in a book kept for that purpose.
(2) Furnish proof of liability insurance coverage as required by §146-28 below.
(3) So register annually before the 10th day of January.
(4) Pay an annual registration fee of $5.
(5) Give written notice of any change in apprentice program or employment to the City
Chamberlain within 10 days of such change.
§ 146-26. Examination and certification.
A. Certification of competency as a master plumber.
(1) Experience. No person shall be examined by the Examining Board of Plumbers for a
master plumber's certificate unless he/she shall have had experience as a plumber for
at least eight years total, within the sound discretion of the Examining Board of
Plumbers. Four years as a journeyman plumber must be included in the eight years'
experience, within the sound discretion of the Examining Board of Plumbers.
Documented proof of such experience is mandatory. The Examining Board of Plumbers
may, in its discretion, waive the requirements of this subsection where a person's
training and experience shall be the substantial equivalent of the foregoing requirement.
(2) Examination.
(a) An examination shall be given to all qualified applicants for a certification of
competency as a master plumber.
(b) The examination shall be in two parts:
[1] Practical tests to determine the applicant's skill as a journeyman plumber.
[2] A written examination, in standardized form, which shall consist of questions and
problems designed to determine the applicant's fitness and qualifications to engage in
the business of employing or master plumber. All written examinations shall be
answered in the handwriting of the applicant in the English language.
(c) The times and places of holding examinations shall be at the discretion of the
Examining Board of Plumbers and no less than once per year. However, the Board shall
give such examinations more frequently and at such times as may be necessary to
ensure that applicants will not be delayed unreasonably in the taking of such
examinations. The Board shall give reasonable notice of such times and places to the
applicants. The Board shall announce the results of such tests within 30 days after
completion.
(d) If an applicant fails the examination, he/she may retake the examination no more
than twice per year thereafter.
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(3) Other qualifications. A person who passes the examination shall be eligible to
receive a certificate of competency, provided that the Board is satisfied that he/she is a
person of good repute, character and responsibility an otherwise qualified to engage in
the business of plumbing in the City of Ithaca. It shall be presumed that a person who
passes the examination shall be "otherwise qualified to engage in the business of
plumbing in the City of Ithaca."
B. Certification of competency as a journeyman plumber.
(1) Experience. No person shall be examined by the Examining Board of Plumbers for a
journeyman plumber's certificate unless he/she shall have had experience as a plumber
or as an apprentice plumber or was duly engaged in an accredited apprentice program
for at least four years. Documented proof of such experience or apprenticeship is
mandatory. The Examining Board of Plumbers may, in its discretion, waive the
requirements of this subsection when a person's training and experience shall be the
substantial equivalent of the foregoing requirements.
(2) Examination.
(a) An examination shall be given to all qualified applicants for a certification of
competency as a journeyman plumber.
(b) At the option of the applicant, there shall be either a written examination, in
standardized form, or an oral examination before the Examining Board of Plumbers
which shall cover questions and problems designated to determine the applicant's
fitness and qualifications to engage in the trade of plumbing as a journeyman plumber.
The written examination shall be answered in the handwriting of the applicant in the
English language.
(c) The times and places of holding examinations shall be at the discretion of the
Examining Board of Plumbers and no less than once per year. However the Board shall
give such examinations more frequently and at such times as may be necessary to
ensure that applicants will not be delayed unreasonably in the taking of such
examinations. The Board shall give reasonable notice of such times and places to the
applicants. The Board shall announce the results of such tests within 30 days after
completion.
(d) If an applicant fails the examination, he/she may retake the examination no more
than twice per year thereafter.
(3) Waiver of examination. The examination is waived for and a certificate of
competency as a journeyman plumber shall be issued to all plumbers who are or shall
be otherwise qualified as journeyman plumbers herein prior to January 1, 1983.
§ 146-27. Plumbing licenses.
No person or entity shall engage in, work at or conduct the business of plumbing within
the City of Ithaca without a license. Plumbing licenses shall not be transferred or lent by
one person or entity to another. This section does not apply to private property
plumbing, as defined above.
A. The City Chamberlain shall issue a plumbing license as a master plumber to all
master plumbers who comply with the provisions of §146-25A of this article.
B. The City Chamberlain shall issue a plumbing license as a journeyman plumber to all
journeyman plumbers who comply with the provisions of §146-25B of this article.
C. The City Chamberlain shall issue a special plumbing license for a specific job to any
person holding a current master plumber's license issued by any municipality of the
State of New York under the provisions of Article 4 of the General City Law, provided
that such person first:
(1) Appears in person at the office of the City Chamberlain and registers in a book kept
for that purpose by name, usual place of business and specified job within the City of
Ithaca.
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(2) Furnishes proof of his/her current master plumber's license.
(3) Furnishes proof of liability insurance in the amount and kind as that required by §
146-28 of this article.
(4) Pays a fee for such license in the amount of $100. This special license is valid only
for the job specified and shall expire when the job is completed.
D. A domestic corporation desiring or intending to conduct the trade, business or calling
of a plumber or of plumbing in this City may do so, provided that one or more officers of
such corporation separately or aggregately actually hold and own at least 51% of the
issued and outstanding capital stock of the corporation, and provided that each of such
officers holding such percentage of the stock is the holder of a certificate of competency
issued in accordance with the provisions of this article. In case one or more officers of a
corporation engaged in such business shall die, being the holder of a certificate of
competency, the corporation may continue to do business during the time necessarily
required for the administration of the estate of such deceased officer, not exceeding two
years from the granting of letters, provided that one or more officers of the corporation is
the holder of a certificate of competency and, together with the legal representatives of
such deceased officer or officers, actually owns and holds at least 51% of the issued
and outstanding capital stock of said corporation. Each and every member of the
corporation holding a certificate of competency shall be licensed and shall comply with
all the rules and regulations applicable to master or employing plumbers in this article.
Such corporation shall register as provided in §146-25 of this article. [Amended 8-5-
1992 by L.L. No. 3-1992]
§ 146-28. Insurance.
Every person or entity who desires or intends to engage in the trade, business or calling
of plumbing in the City of Ithaca must obtain liability insurance coverage in the minimum
amount of $100,000 for property damage and $300,000 for public liability, including
bodily injury.
§ 146-29. Revocation or suspension of license; appeals.
A. Any person or entity who is found in violation of any provision of this article is subject
to suspension or revocation of his/her plumbing license or privilege as a private property
owner to secure a permit for private property plumbing for up to one year, in addition to
any sanctions or penalties set forth elsewhere in the Code or New York State Law.
B. The Examining Board of Plumbers shall have the power to conduct hearings on
charges of incompetency or the violation of any provision of this article by any plumber
to whom a license has been issued and may revoke or suspend for a period of no more
than one year the license of any plumber found guilty of any or all of the charges
preferred against him/her. The plumber or private property owner charged with
incompetency or a violation of this article shall be served with a written notice
specifically setting forth the charges of incompetency or violations with which he/she is
charged which notice shall be served on him/her personally or by registered mail not
less than 10 days prior to the hearing. The party charged may be represented by
counsel and shall have the right to cross-examine witnesses in the defense of the
charges or violations. A majority vote of the entire Examining Board of Plumbers shall
be required in order to revoke or suspend a certificate of competency.
C. Any person or entity who disagrees with any ruling, decision or conduct of the
Plumbing Inspector which affects him/her or is aggrieved by the application of any
provision of this article may appeal the same to the Examining Board of Plumbers. Such
appeal must be made in writing and filed with the Examining Board of Plumbers within
30 days of the ruling, decision, conduct or application appealed from. The Examining
Board of Plumbers shall hear the appeal within 30 days after it is filed and render its
decision within 30 days thereafter.
D. Any person or entity who disagrees with any ruling, decision or conduct of the
Examining Board of Plumbers which affects him/her may appeal the same to the Code
Appeals Board. Such appeal must be made in writing and filed with the Code Appeals
Board within 30 days of the ruling, decision or conduct appealed from. The Code
Appeals Board shall hear the appeal within 30 days after it is filed and render its
December 5, 2007
31
decision within 30 days thereafter. For purposes of this article, the decision of the Code
Appeals Board is final, subject to judicial review.
§ 146-30. Permits.
A. Requirement for permit. No person or entity shall do any plumbing work or do any
work involving or affecting a plumbing system, except minor repairs, without first
obtaining a written permit therefor. This permit shall be obtained from the Plumbing
Inspector by the licensed plumber who or whose firm has been employed to do such
work or by a private property owner who intends to engage in private property plumbing,
as defined in this article.
B. Application and issuance.
(1) The Plumbing Inspector shall not issue any permit except upon a written application
which shall detail the character of the plumbing or repair work to be done, the number
and location of street openings, if any, and the number, name, character and location of
plumbing fixtures to be repaired or put in and which shall be signed by the party
applying therefor. Plan and/or specifications shall be approved prior to issuance of a
permit. Upon approval of such application, plans and/or specifications, the Inspector
shall issue a permit accordingly. The original shall be issued to the party applying
therefor, and a duplicate, together with such application, shall be kept as a permanent
record in the Plumbing Inspector's office.
(2) After a plan or specification has been approved, no significant alterations of the
same will be allowed except on written application to the Plumbing Inspector. The
Plumbing Inspector shall review the application and issue a supplementary permit as
appropriate before any part of the change is started.
C. Fees. No permit for plumbing and drainage work shall be issued nor reinspections
made, as necessary, until the fees required for the same are paid in full to the Plumbing
Inspector. All moneys so collected shall be paid over weekly by the Plumbing Inspector
to the City Chamberlain.
D. Inspections and tests.
(1) The Plumbing Inspector shall be notified promptly when the plumbing and drainage
work of any building or portion thereof is completed and ready for inspection and/or
testing. All work must be left uncovered and convenient for examination until inspected
and approved. Any plumbing installed and covered without notice to the Inspector must
be uncovered for inspection at the direction of said Inspector. If said work shall be found
by the Inspector to comply with all rules, regulations and code and shall stand the test
or tests as prescribed and customary in the trade, said Inspector shall approve the
same and so certify. The work may then be covered up.
(2) The Inspector shall make inspections or otherwise approve the work within two
business days after inspection has been called for.
(3) No application for inspection of any work will be accepted unless the plumber has
previously filed with the Plumbing Inspector and has had approved by the Plumbing
Inspector an application with specifications and/or plans of the work to be executed.
E. Final inspection and certificate of approval.
(1) When the work is fully completed and ready for ordinary use, there shall be a notice,
in writing, of the same given to the Plumbing Inspector. The Plumbing Inspector shall
finally inspect the work within two business days thereafter. When the work has been
finally inspected and approved by said Inspector, the Inspector shall issue a certificate
of approval to the master plumber or property owner. No new plumbing or old plumbing
changed or added to shall be put to ordinary use until a certificate of approval thereof
has been issued by the Inspector.
(2) Master plumbers or private property owners, as the case may be, must make written
application for final inspection of all plumbing work done by them within 48 hours after
completion thereof.
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(3) No owner, agent or tenant shall occupy any new building or allow the same to be
occupied by any person until after the plumbing or private property plumbing in such
building shall have been approved by the Plumbing Inspector.
F. Responsibility for work.
(1) The master plumber in charge of any work shall be responsible for the construction
and completion of the work according to plumbing regulations and ordinances governing
plumbing and drainage work in this City. When the master plumber has been issued a
certificate of approval, this certificate does not relieve the plumber of his/her
responsibility for any defective work which may have escaped the notice of the
Inspector; and when deemed necessary by the Inspector, a test or retest shall be
applied to the work by the plumber.
(2) For any plumbing or drainage work in the City of Ithaca, New York, master plumbers
shall employ only journeyman plumbers and apprentices registered in accordance with
this article. The master or employing plumber shall not send any person on any job in
the capacity of a journeyman plumber without such person being in possession of a
license as journeyman plumber, as provided for in this article. All master, journeyman
and apprentice plumbers shall exhibit their license cards to consumers upon demand.
§ 146-31. Technical regulations.
The Examining Board of Plumbers, in conjunction with the Tompkins County Board of
Health, shall establish and promulgate written, local regulations concerning the
technical aspects of plumbing and plumbing systems, including water heaters and
water-heating systems, not inconsistent herewith and subject to review and approval by
the Code Appeals Board and the Board of Public Works, as necessary.
§ 146-32. Disputes.
In the case of a dispute between a plumber and the Plumbing Inspector as to the proper
interpretation of any of the provisions of the Plumbing Code, the Plumbing Inspector
shall report the facts to the Examining Board of Plumbers, which shall set a date for a
hearing and, as soon as practicable, render its interpretation.
ARTICLE V Electricians
§ 146-33. Electrical Inspector. [Amended 8-5-1992 by L.L. No. 3-1992; 12-6-2000 by
Ord. No. 2000-14]
All electrical installations in the City of Ithaca, including the electrical installation of
appliances such as hot water heaters and furnaces, shall come under the provisions of
this article and are subject to inspection by the Electrical Inspector.
§ 146-34. Examining Board of Electricians. Editor's Note: See also Charter § C-24.
The Examining Board of Electricians, appointed as provided in the City Charter, shall
carry out its duties as hereinafter provided.
§ 146-35. Licenses. Editor's Note: Former §146-35, Examinations, was renumbered as
§ 146-37 12-6-2000 by Ord. No. 2000-14. This ordinance also provided for the
renumbering of former §§146-36 and 146-37 as §§146-35 and 146-36, respectively.
A. No person shall hereafter engage in, carry on or conduct the business of
employing or master electrician or undertake or contract to do the work of an electrician
within the City unless or until licensed pursuant to this article.
Editor's Note: Former Subsection C, regarding prior qualification for a license, which
immediately followed this subsection, was repealed 12-6-2000 by Ord. No. 2000-14.
§ 146-36. License application and fees; transferability.
A. All persons desiring to be examined shall make application to the Building
Commissioner of the City in such form and detail as may be required. Such application
shall be accompanied by payment of an examination fee of $100. [Amended 12-6-1995
by Ord. No. 95-11]
December 5, 2007
33
B. The fee for an original license is included in the examination fee. [Amended 12-6-
1995 by Ord. No. 95-11]
C. Licenses must be renewed annually. Each year shall commence in January.
Renewal fees are due by February 1 of each year. Renewal fees are $100. [Amended
12-6-1995 by Ord. No. 95-11; 12-6-2000 by Ord. No. 2000-14]
D. Licenses are not transferable. Licenses are revocable for cause adjudged by the
Examining Board of Electricians to be in the best interest of the City. . Any person
whose licenses is revoked and who is in disagreement with the judgment of the
Examining Board of Electricians may appeal to the Building Code Board of Appeals,
provided that a written statement setting forth the reasons for such appeal is filed with
the Secretary of the Board within 30 days of the service of the revocation order upon
such person. The Building Commissioner shall notify such person of this right to appeal
and of this thirty-day time limitation. Upon receipt of such appeal, the Building Code
Board of Appeals shall hold a hearing within 30 days and, after review of all evidence,
shall affirm, modify or annul the action of the Examining Board of Electricians. After the
hearing, the Building Code Board of Appeals’ judgment shall be final.
E. Special reciprocal licenses. All persons that undertake or contract to do the work
of an electrician who are not licensed by the City of Ithaca and are licensed by another
municipality will be considered for a special reciprocal license. Such persons are
required to provide any information that the Examining Board of Electricians may
require for a special reciprocal license. A fee, based on the schedule below, is due for
each electrical contract undertaken by such person. The Examining Board shall review
the credentials of all such persons and conduct any review that the Board deems
necessary to carry out its purpose to protect the best interests of the City of Ithaca. In
the event that a special reciprocal license is denied, the Board shall provide the
applicant with a written denial letter that fully states the reasons for denial. Any such
denial may be appealed in the same manner as the appeal of City electrical license
revocation. [Added 10-7-1998 by Ord. No. 98-26; amended 9-1-1999 by Ord. No. 99-10]
Reciprocal License Fees
Amount of Electrical Work Fee
Less than $50,000 $200
$50,000 to $100,000 $500
Greater than $100,000 $1,000
§ 146-37. Examinations.
A. Electrical licensing examinations shall be given once per year. Applications for an
electrical license must have a minimum of 42 months of experience as an electrician or
as an electrician's apprentice. Applications for licensing may be obtained in the Building
Department. If an applicant has been accepted as a candidate for examination, he or
she will be notified by mail when and where such examination will take place. [Amended
12-6-2000 by Ord. No. 2000-14]
B. All written examination questions shall be based upon information to be found in the
National Electrical Code and principles and practices common to the electrical trade.
C. The grading valuation of each question shall be predetermined and the record of this
determination shall be on file in the Building Department prior to the examination time
and available for the inspection of an examinee following receipt of his/her grade.
[Amended 12-6-2000 by Ord. No. 2000-14]
D. If an applicant passes the electrical licensing examination, he or she will be notified
by mail and an electrical license will be issued within 30 days. Any person denied a
license may appeal the decision of the Examining Board of Electricians to the Building
Code Board of Appeals. Upon receipt of such appeal, the Building Code Board of
Appeals shall hold a hearing within 30 days and, after review of all evidence, shall
sustain the action of the Examining Board of Electricians, regrade the examination or
order reexamination of the appellant. After the hearing, the Building Code Board of
Appeals’ judgment shall be final. [Amended 12-6-2000 by Ord. No. 2000-14]
December 5, 2007
34
§ 146-38. Electrical permits; fees. [Amended 12-6-1995 by Ord. No. 95-11; 12-6-2000
by Ord. No. 2000-14]
A. No alterations or additions shall be made in or to the existing wiring in any
building nor shall any new construction be wired for the use of electric current without
first obtaining a work permit for electrical work from the electrical inspector in the
Building Department.
B. Application for such a work permit shall be made by a licensed electrician. It shall
be in writing on an approved form and shall describe the work to be done. The permit, if
issued, shall be in the name of the licensed electrician who shall be responsible for the
proper installation of the work described.
C. Permit fees shall be paid before a work permit is authorized. Permit fees shall be
accepted by the Building Department Permit Clerk by check or money-order. The
electrical permit fee schedule shall be posted in the office of the Building Department.
(1) Any amendment to the application upon which the work permit has been issued
must be filed and an amended work permit obtained. If there is an increase in the value
of the project, an additional fee shall be paid for that increase based on the posted work
permit fee schedule.
(2) Work permit fees shall be set according to the following schedule which shall be
subject to modification from time to time as determined by the Building Commissioner.
Editor's Note: The current work permit fee schedule is on file in the City of Ithaca
Building Department and is available for inspection during regular office hours.
§ 146-39. Inspections; fees.
A. Inspections of all rough wiring installations shall be made before concealment of said
wiring, and such concealment shall be made only after approval by the Electrical
Inspector.
B. A record of such inspection and approval shall be kept on file in the office of the
Building Commissioner and shall be available for public inspection upon request.
C. The Electrical Inspector is hereby authorized to make inspections of any and all
electric wiring devices and apparatus in the City; and when such installations are found
to be in dangerous or unsafe condition, the property owner shall be notified and shall
cause the necessary repairs of hazardous conditions to be made within 48 hours and
shall cause full compliance with the notification within 30 days from the date of said
notice.
D. The Electrical Inspector is hereby empowered to disconnect or to order the
discontinuance of electrical service to such wiring, devices and/or material found to be
defectively installed or having become damaged or deteriorated to the degree that life
and property are endangered. Reconnection of such service shall not be made without
the specific approval of the Electrical Inspector or the Building Commissioner.
E. The Electrical Inspector shall have the right, during reasonable hours, to enter any
building or structure in the discharge of his/her official duties.
F. The fees for inspection shall be fixed and uniform for all installations in accordance
with the schedule filed in the office of the Building Commissioner and available for
public inspection.
G. Editor's Note: Former Subsection G, regarding invoicing of fees and charges, as
amended 8-5-1992 by L.L. No. 3-1992, was repealed 12-6-2000 by Ord. No. 2000-14.
This ordinance also provided for the renumbering of former Subsection H as Subsection
G. It shall be unlawful and a violation of this article for any electrical contractor or
electrician to charge collect or transfer fees for electrical inspections greater than the
amounts invoiced to him/her by an approved electrical inspector, and proof of violation
shall be sufficient cause for revocation of his/her certificate of competency. [Amended 8-
5-1992 by L.L. No. 3-1992]
December 5, 2007
35
§ 146-40. Wiring standards. [Amended 7-8-1987 by Ord. No. 87-21]
All new installations of electric wiring or apparatus or repairs, alterations or additions to
existing wiring or apparatus in all buildings and structures shall be in strict conformity
with performance specifications set forth in the New York State Uniform Fire Prevention
and Building Code (hereafter referred to as the "Building Code").
§ 146-41. Service connections.
A. No public service corporation shall install a meter or make a service connection to
any installation of electric wiring for which a certificate or memorandum of approval is
required by the Building Commissioner until such certificate or memorandum has been
issued to such service corporation, except as provided by the issuance of temporary
permits.
B. The Electrical Inspector may, at his/her discretion, issue a temporary permit for the
use of current for lighting and/or construction purposes. Such temporary permit shall be
issued for a period not to exceed six months. [Amended 12-6-2000 by Ord. No. 2000-
14]
§ 146-42. Administration; hearings.
A. In general, all matters arising under and properly belonging to electrical installations
prior to and including approval shall be administered by the Building Commissioner; and
matters subsequent to approval conceivably affecting the work of the Fire Department
shall be administered by the Fire Chief of the City. In matters involving both
departments, these officers shall cooperate and shall be assisted by the Electrical
Inspector.
B. When the Electrical Inspector condemns all or part of an electrical installation, the
owner may, within 10 days after receiving written notice from the inspector file a petition
for review of said action with the Building Commissioner. The Building Commissioner
shall present the case to the Building Code Board of Appeals. At the hearing, the
petitioner or the petitioner's agent shall be given the opportunity to show cause why
such order should be modified or withdrawn. The decision of the Board shall be final,
unless court action is instituted within 30 days.
§ 146-43. Disputes.
A. In case of a dispute between an electrician and the Electrical Inspector and/or the
Building Commissioner as to the proper interpretation of any of the provisions of this
article, the Building Commissioner shall report the facts to the Building Code Board of
Appeals, which shall set a date for a hearing.
B. After such hearing, the Building Code Board of Appeals shall make its interpretation
of the provision in question.
§ 146-44. Liability. [Amended 7-8-1987 by Ord. No. 87-21]
A. No property owner shall be relieved of the responsibility or liability for compliance or
noncompliance with the Building Code by reason of any agreement whereby a lessee
assumes responsibility of the maintenance of the property. The owner of record alone
shall be responsible for compliance with the Building Code.
B. Compliance with the Building Code shall not be construed to relieve from or lessen
the responsibility or liability of any party owning, operating, controlling or installing any
electric wiring, devices, apparatus and/or materials for damages to person or property
caused by defects in such installation, nor shall the City be held as assuming any such
liability by reason of any inspection herein authorized or certificate of approval issued as
herein provided.
ARTICLE VI Heating and Ventilation
§ 146-45. Registration; fees; bonds.
A. No person shall hereafter engage in, carry on or conduct the business of heating
and/or ventilating engineer, contractor or installer within the City unless or until he/she
has first obtained a certificate of registration from the office of the Building
Commissioner.
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36
B. Each application for registration shall be accompanied by payment of a fee of $50.
Registrations must be renewed annually. Payment for renewal of registration must be
received by February 1. [Amended 12-6-2000 by Ord. No. 2000-14]
C. All applicants for registration must present evidence of an insurance liability bond,
and renewal certificates of such bonds must be filed annually in the office of the Building
Commissioner.
§ 146-46. Permit applications and fees. [Amended 12-6-2000 by Ord. No. 2000-14]
A building permit must be applied for and approved prior to the installation of any heat-
producing device or ventilating system, including restaurant hood systems. Applications
shall include layout plans, equipment cut sheets, code compliance information and
where appropriate, manufacturer's installation instructions. Additional permits may need
to be obtained from the Fire Department or from the Electrical Inspector.
§ 146-47. Inspections.
Inspection of all heating and ventilating installations in the City shall be made and
approved before application is made to a public service corporation for gas or electric
service connections.
§ 146-48. Registration or approval required.
A. It shall be unlawful for any person to make gas or electric connections to heating
apparatus unless he/she holds a certificate of registration for such work in the City.
B. No public service corporation shall make a service connection to any heating and/or
ventilating apparatus for which a certificate or memorandum of approval is required by
the Building Commissioner until the same has been issued.
§ 146-49. Compliance required. [Amended 7-8-1987 by Ord. No. 87-21]
All new installations of heating and/or ventilating apparatus repairs, alterations or
additions thereto must be made in strict compliance with the regulations set forth in the
Building Code.
ARTICLE VII Penalties
§ 146-50. Penalties for offenses. [Amended 3-4-1992 by Ord. No. 92-2; 12-7-2005 by
Ord. No. 05-24]
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation to construct, alter, repair,
move, equip, use or occupy any building or structure or portion thereof in violation of
any provision of law or ordinance as well as any regulation or rule promulgated by the
Building Commissioner in accordance with applicable laws, or to fail in any manner to
comply with a notice, directive or order of the Building Commissioner or to construct,
alter, use or occupy any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with a written order of the Building Commissioner
within the time fixed for compliance therewith and any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents or any other
person taking part or assisting in the construction or use of any building or any property
who shall knowingly violate any of the applicable provisions of law or any lawful order,
notice, directive, permit or certificate of the Building Commissioner made thereunder
shall be punishable by fine of not less than $250 nor more than $500. Each day that a
violation continues shall be deemed a separate offense.
C. Except as provided otherwise by law, such violation shall not be a crime, and the
penalty or punishment imposed therefor shall not be deemed for any purpose a penal or
criminal penalty or punishment and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of any person found guilty of such
offense.
§ 146-51. Other remedies.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful
construction or to restrain, correct or abate a violation or to prevent illegal occupancy of
a building, structure or premises or to prevent illegal acts, conduct or business in or
December 5, 2007
37
about any premises, and these remedies shall be in addition to penalties otherwise
prescribed by law.
§ 146-52. Penalties for aggravated violation. [Added 3-4-1992 by Ord. No. 92-3; 6-13-
2001 by Ord. No. 2001-5]
If any person fails to comply with the written order of the Building Commissioner within
the time fixed for compliance therewith or if any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents or any other
person taking part or assisting in the construction or use of any building or any property
should knowingly violate any of the applicable provisions of law or any lawful order,
notice, directive, permit or certificate of the Building Commissioner made thereunder
and, as a result of such failure to comply or such violation, injury occurs to any person,
property or building, whether or not the person, property or building so injured is the
cause or subject of said violation(s), then the person who failed to comply with the
written order of the Building Commissioner or the person who knowingly violated the
applicable provision of law or order, notice, directive, permit or certificate of the Building
Commissioner shall be guilty of a misdemeanor and shall be punishable by a fine of not
more than $1,000 or imprisonment for not more than one year. For the purpose of
establishing the maximum amount of fine that may be assessed, each day that a
violation continues shall be deemed a separate offense.
Section 2. SEVERABILITY CLAUSE.
Severability is intended throughout and within the provisions of the 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 3. EFFECTIVE DATE.
This Ordinance shall take effect immediately and in accordance with law upon
publication of notice as provided in the Ithaca City Charter.
Alderperson Zumoff explained that the Planning Committee had discussed this
legislation at length.
Alderperson Dotson thanked the Building Department staff for all their work on this
legislation.
Alderperson Tomlan thanked Deputy Building Commissioner Niechwiadowicz for the
thorough job that he did on updating all of this legislation.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.3 A Local Law to Repeal Sections of Chapter 210 of the City of Ithaca
Municipal Code Entitled “Housing Standards”
By Alderperson Tomlan: Seconded by Alderperson Korherr
LOCAL LAW 07-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1: Sections 210-10B(4), 210-10C(1), 210-10C(3), 210-25A, 210-32E and 210-
42 of the City of Ithaca Municipal Code Chapter 210 entitled “Housing Standards”
originally adopted as part of Chapter 27 of the 1975 Municipal Code and amended
thereafter are hereby repealed.
§ 210-10. Habitable space.
B.(4) All fuel-burning equipment shall be completely separated from habitable space
by a partition having a minimum fire rating as specified by the Uniform Fire Prevention
and Building Code or other applicable codes. [Amended 8-5-1992 by L.L. No. 3-1992]
C. Light and ventilation.
(1) Habitable space shall be provided with natural light through one or more
windows, skylights or transparent or translucent panels, or any combination thereof, that
December 5, 2007
38
face directly on legal open spaces at least six inches above the adjoining finished grade
or that are above a roof. The amount of light shall be equivalent to that transmitted
through clear glass equal in area to 8% of the floor area of the habitable space.
[Amended 8-5-1992 by L.L. No. 3-1992]
(3) Habitable space shall be provided with natural ventilation through openable
parts of windows or other openings in exterior walls that face legal open spaces above
the adjoining finished grade or above a roof or through openable parts of skylights,
providing total clear ventilation area equal to not less than 4% of the total floor area of
each habitable space. [Amended 8-5-1992 by L.L. No. 3-1992]
§ 210-25. Heating.
A. General requirements. [Amended 8-5-1992 by L.L. No. 3-1992; 6-5-1996 by Ord.
No. 96-10]
(1) Residential buildings intended for occupancy between the first day of September
and the 31st day of May of the following year shall be provided with heating equipment
designed to maintain a temperature of not less than 68° F. at a distance of two feet and
more from exterior walls and at a level of five feet above the floor in habitable spaces,
kitchenettes, bathrooms and toilet rooms. Exceptions to this requirement may be found
in the Federal Fair Housing Act (42 U.S.C. § 3604 Sub. F). The capability of the heating
equipment to maintain such indoor temperature shall be based on the average of the
recorded annual minimum outside temperatures for the locality.
(2) In residential buildings, when a tenant does not have access to individual heating
control devices or his/her device controls the temperature of other dwelling units,
adequate heat shall be provided to maintain the indoor temperature in habitable
spaces, kitchenettes, bathrooms and toilet rooms at 68° F. when the outside
temperature falls below 55° F. between the first day of September and the 31st day of
May. Exceptions to this requirement may be found in the Federal Fair Housing Act (42
U.S.C. §3604 Sub. F)
§ 210-32. Fire-protection systems and devices.
E. Fire protection systems. [Added 8-5-1992 by L.L. No. 3-1992; amended 3-14-1993 by
Ord. No. 93-30; 1-4-1995 by Ord. No. 95-1 Editor's Note: This ordinance provided that it
shall become effective as follows:
(a) This ordinance shall take effect immediately upon publication of a notice as required
by the City Charter.
(b) New and converted structures. All new or converted residential or mixed use
structures shall comply with the provisions of this section upon construction or
conversion of the structure. For the purposes of this section, conversion shall mean that
alterations have been made to a structure which is now covered by a column in the
attached charts which was not previously applicable to the structure.
(c) Existing one- and two-family structures, multiple dwellings and mixed use structures
shall comply with the provisions of § 210-31E by August 15, 1999, provided that the
requirements shall remain effective as of January 1, 1995. [Amended 8-7-1996 by Ord.
No. 96-13; 9-9-1997 by Ord. No. 97-11; 7-1-1998 by Ord. No. 98-13] ]
(1) Required smoke/heat detectors.
(a) Objective and intent. This section is intended to provide for a higher level of life
safety in residential buildings in the City. These are buildings in which the early warning
of fire would provide for a reduction in the potential for loss of life in a fire and reduce
the amount of property loss by earlier notification of the Fire Department of fire events.
(b) Smoke/heat detectors mandatory in all structures used for residential purposes. The
owner of any structure used wholly or partially for residential purposes within the City of
Ithaca is required to install and maintain a smoke/heat detector or system in the
structure in accordance with the requirements set forth below.
December 5, 2007
39
(2) General equipment installation and maintenance requirements for smoke/heat
detectors and smoke/heat detection systems.
(a) Installation and maintenance. All heat, fire or smoke detection or alarm equipment
installed in the City of Ithaca must meet either the Underwriters Laboratory, Factory
Mutual or other testing laboratory specifications approved by the Building Commissioner
and must be installed and maintained in conformance with the requirements of this
section, the New York State Uniform Fire Prevention and Building Code, the applicable
generally accepted standards and the manufacturer's instructions and specifications.
Records of systems in multiple dwellings shall be kept as required by the New York
State Uniform Fire Prevention and Building Code.
(b) Operational maintenance required. The property owner shall ensure that all systems,
devices and equipment to detect a fire, actuate an alarm or suppress or control a fire, or
any combination thereof, are maintained in operating condition at all times.
(3) Required installation types.
(a) Charts of installation type. Editor's Note: The charts are included at the end of this
chapter. The charts appearing below, entitled respectively, "One-Family Dwelling
Smoke/Heat Detector Minimum Requirements," "Two-Family Dwelling Smoke/Heat
Detector Minimum Requirements" and "Multiple Dwelling Smoke/Heat Detector
Minimum Requirements" are incorporated into this Municipal Code for the purpose of
describing the type and degree of smoke/heat detectors and systems that are required
to be installed by this section. The type of smoke/heat detector or system required
varies with the intensity of the building's use, whether the owner occupies the building
and the building's height in stories. Owners of buildings of the use and height as
described in each of the top rows of the chart or charts shall install and maintain the
type of smoke/heat detector(s) or system described in each column immediately below
the described use and height of the building. Wherever in this chapter the owner is
required to install a smoke/heat detector, a smoke detector shall be installed unless the
Building Commissioner has granted written permission to substitute a heat detector for
a required smoke detector. For the purposes of applying the chart(s), the number of
dwelling units shall be the number of dwelling units in a building, except that if an owner
or person responsible for a building can present evidence that their building is divided
into separate fire area(s) as defined by the New York State Uniform Fire Prevention and
Building Code, then the number of unit(s) within each fire area shall be applied to the
chart(s) to determine the appropriate column(s). Notwithstanding the above, the
installation of additional smoke/heat detectors or systems required by this section shall
not apply to buildings which were constructed or converted as defined by the New York
State Uniform Fire Prevention and Building Code between January 1, 1984, and
December 31, 1993, and which, between January 1, 1984, and December 31, 1993,
received a certificate of occupancy certifying that the building met all applicable building
and fire codes in effect at the time the certificate of occupancy was issued; provided,
however, that if the Building Commissioner shall later determine that, for whatever
reason, the building does not meet such codes and requirements, the Building
Commissioner shall have the authority to require that the building be brought into
compliance with such codes and requirements. This exemption does not relieve an
owner from the requirements for maintenance and testing as required herein.
(b) Independent smoke/heat detectors.
[1] Self-contained (battery-powered), independent smoke/heat detectors. Where self-
contained (battery-powered) independent smoke/heat detectors are required by the
chart, they shall be located to provide smoke detection coverage within each residential
unit, so that at least one detector is installed on each floor level where there is habitable
space or mechanical equipment other than electrical wiring and lighting, gas piping or
plumbing without any connected energy utilization equipment or overcurrent devices.
Each such detector shall provide an alarm, where installed, and a detector shall be
located within 10 feet of the entrance to every bedroom or other room used for sleeping
purposes. Where detectors cannot be located as required above because of nuisance
alarms, an exception to this location requirement may be approved, in writing, by the
Building Commissioner. In determining whether to grant such an exception, the Building
December 5, 2007
40
Commissioner shall consider alternate arrangements that will provide adequate
audibility and safety.
[2] Independent smoke/heat detectors operating on household current. Where
independent smoke/heat detectors which are connected to a building's electrical system
are required by the chart, they shall be located to provide smoke detection coverage
within each residential unit, so that at least one detector is installed on each floor level
where there is habitable space or mechanical equipment other than electrical wiring and
lighting, gas piping or plumbing without any connected energy utilization equipment or
overcurrent devices. Each such detector shall provide an alarm, where installed, and a
detector shall be located within 10 feet of the entrance to every bedroom or other room
used for sleeping purposes. Where detectors cannot be located as required above
because of nuisance alarms, an exception to this location requirement may be
approved, in writing, by the Building Commissioner. In determining whether to grant
such an exception, the Building Commissioner shall consider alternate arrangements
that will provide adequate audibility and safety.
(c) Interconnected, independent smoke/heat detectors operating on household current.
Where required by the chart, a system of interconnected independent smoke/heat
detectors shall be installed to provide smoke detection coverage in the common areas
of the welling unit or lodging unit at each level that contains habitable space, as well as
in basements, cellars and attics which contain mechanical equipment other than
electrical wiring and lighting, gas piping or plumbing without any connected energy
utilization equipment or overcurrent devices. Such interconnected detectors shall also
include an interconnection to all detectors required by Subsection E(3)(b)[2] of this
section within the individual dwelling unit or lodging unit. Detectors shall contain an
audible alarm or be connected to an audible alarm. These audible alarms must be
capable of being heard within all habitable spaces in the building with the doors closed.
When, in the opinion of the Building Commissioner, smoke detectors are located or are
to be located in areas where conditions exist that have the potential to cause or have
been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced
with heat detectors located in the required detector locations. If the Building
Commissioner determines that the detectors will not be heard in all habitable spaces, an
interconnection shall be made from a smoke/heat detector to a device or detector
producing an audible sound which is located within the dwelling or lodging unit that will
provide adequate audibility. Audibility will be determined as provided in generally
accepted standards. Interconnected, independent smoke/heat detectors are not
required in any dwelling unit or lodging unit which has an approved complete-coverage,
fire-suppression sprinkler system that also sounds an alarm to warn building occupants
of its activation; provided, however, that independent smoke/heat detectors operating
on household current or self-contained (battery-powered) independent smoke/heat
detectors as described by Subsection E(3)(b)[1] or E(3)(b)[2] of this section or by other
applicable laws, codes or ordinances shall be installed in such dwelling unit or lodging
unit.
(d) Interconnected, supervised smoke/heat detectors. Where required by the chart,
interconnected, supervised smoke/heat detectors shall be installed to provide
smoke/heat detection coverage within all rooms and spaces in each nonresidential unit,
as well as in basements, utility, heating and storage rooms, and other similar spaces,
except those spaces which have been designated by the Building Department as not
requiring protection, and shall provide smoke/heat detection coverage in the common
areas of the building at each level that contains habitable space, as well as in
basements, cellars and attics which contain mechanical equipment other than electrical
wiring and lighting, gas piping or plumbing without any connected energy utilization
equipment or overcurrent devices. All detectors shall contain an audible alarm or be
connected to an audible alarm. These audible alarms must be capable of being heard
within all rooms in the building with the doors closed. Detectors of this type shall also be
provided with a manual means of activating the alarm devices. A manual activation
means must be located at all primary exits at grade from the structure and at such
locations as the Building Commissioner determines are appropriate to ensure the safety
of the occupants of the building. When, in the opinion of the Building Commissioner,
smoke detectors are located or are to be located in areas where conditions exist that
have the potential to cause or have been demonstrated to cause nuisance alarms, the
smoke detectors shall be replaced with heat detectors located in the required detector
December 5, 2007
41
locations. If the Building Commissioner determines that the detectors will not be heard
in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a
device or detector producing an audible sound which shall be located to provide
adequate audibility within all rooms. Audibility will be determined as provided in
generally accepted standards. The system shall sound an audible signal which indicates
a malfunction of the system. The audible trouble indication system may be
supplemented with a visible signal that gives a continuing indication of the malfunction
after the audible signal is silenced. This system shall also provide standby power to
continue operation of the system on battery power when the building's electrical system
is temporarily de-energized, as required by generally accepted standards.
Interconnected, supervised smoke/heat detectors are not required in any building which
has an approved complete-coverage, fire-suppression sprinkler system that also sounds
an alarm to warn building occupants of its activation; provided, however, that
independent smoke/heat detectors operating on household current or self-contained
(battery-powered) independent smoke/heat detectors as described by Subsection
E(3)(b)[1] or E(3)(b)[2] of this section or by other applicable laws, codes or ordinances
shall be installed in such a building.
(e) Interconnected, supervised smoke/heat detectors with automatic Fire Department
notification. Where required by the chart, interconnected, supervised smoke/heat
detectors shall be installed to provide smoke/heat detection coverage within all rooms
and spaces in each nonresidential unit, as well as in basements, utility, heating and
storage rooms and other similar spaces except those spaces which have been
designated by the Building Department as not requiring protection and shall provide
smoke/heat detection coverage in the common areas of the building at each level that
contains habitable space, as well as in basements, cellars and attics which contain
mechanical equipment other than electrical wiring and lighting, gas piping or plumbing
without any connected energy utilization equipment or overcurrent devices. One
detector shall also be located within each dwelling or lodging unit within 10 feet of any
grade level entrance door or any entrance door to a common means of exit. All
detectors shall contain an audible alarm or be connected to an audible alarm. These
audible alarms must be capable of being heard within all habitable spaces and common
areas with the doors closed. When, in the opinion of the Building Commissioner, smoke
detectors are located or are to be located in areas that have the potential to cause or
have been demonstrated to cause nuisance alarms, the smoke detectors shall be
replaced with heat detectors located in the required detector locations. All detection
systems required by this section shall be provided with approved zone reporting
capacity to ensure rapid and efficient location of the source of the alarm by the Fire
Department. The Fire Department shall approve the system's zone reporting
assignments before any system is installed. This type of detection equipment shall also
include a manual means of activating the alarm devices. A manual activation means
shall be located at all primary exits at grade from the structure and at such locations as
the Building Commissioner determines are appropriate to ensure the safety of the
occupants of the building and shall also be wired in such a way to provide automatic
notification to the Fire Department when activated. If the Building Commissioner
determines that the detectors will not be heard in all sleeping rooms, an interconnection
shall be made from a smoke/heat detector to a device or detector producing an audible
sound which shall be located to provide adequate audibility within all rooms. Audibility
will be determined as provided in generally accepted standards. The system shall sound
an audible signal which indicates a malfunction of the system. The audible trouble
indication system may be supplemented with a visible signal that gives a continuing
indication of the malfunction after the audible signal is silenced. This system shall
provide standby power to continue operation of the system on battery power when the
building's electrical system is temporarily de-energized, as required by generally
accepted standards. Interconnected, supervised smoke/heat detectors are not required
in any building which has an approved complete-coverage, fire-suppression sprinkler
system that also sounds an alarm to warn building occupants of its activation; provided,
however, that independent smoke/heat detectors operating on household current or
self-contained (battery-powered) independent smoke/heat detectors as described by
Subsection E(3)(b)[1] or E(3)(b)[2] of this section or by other applicable laws, codes or
ordinance shall be installed.
(f) Additional nonrequired detector coverage. Nothing in this section shall prevent an
owner from installing a greater degree of smoke/heat detection than required by this
December 5, 2007
42
chapter, so long as the additional equipment is installed and maintained as required by
the manufacturer's specifications and generally accepted standards. Specifically
permitted in lieu of the lesser requirements are the following:
[1] The substitution of independent smoke/heat detectors operating on household
current or interconnected, independent smoke/heat detectors operating on household
current for self-contained (battery-powered) independent smoke/heat detectors.
[2] The substitution of interconnected, supervised smoke/heat detectors or
interconnected, supervised smoke/heat detectors with automatic Fire Department
notification for independent smoke/heat detectors operating on household current or
self-contained (battery-powered) independent smoke/heat detectors, as long as the
system of detectors is designed to minimize nuisance alarms.
(g) Existing smoke/heat detectors. Smoke/heat detection systems installed in multiple
dwellings prior to the enactment of this section shall be maintained, replaced or
upgraded as required to provide the smoke/heat detection coverage previously required
for multiple residences and to provide the smoke/heat detection required by this section
and any other applicable section of law. Freon-based systems do not meet the
requirements of this section and shall be replaced with systems which meet the
requirements of this section and other applicable sections of law.
(4) Smoke/heat detector requirements.
(a) Smoke detector types. Smoke detectors required under this section shall be of a
type approved by the Building Commissioner as capable of sensing visible or invisible
particles of combustion and providing a suitable audible alarm in response to sensed
particles.
(b) Heat detector types. Heat detectors required under this chapter shall be of a type
approved by the Building Commissioner as capable of sensing an abnormal rise in
temperature and providing a suitable audible alarm in response to the sensed rise in
temperature.
(c) Detector location. Every detector required to be installed and maintained by this
chapter must be installed, maintained and located in accordance with generally
accepted standards and manufacturer's installation instructions, or in a manner
otherwise approved by the Building Commissioner. Every such detector shall also be
located in such a manner that the detector will be reasonably free from false alarms and
provide visible indication that the alarm is energized, except that a battery-operated
smoke detector need not provide a visible indication that the detector is energized, as
long as the detector visibly or audibly indicates the loss of battery power.
(d) Detector power source. Each detector required by this section to be installed in
existing one- and two-story one-family dwellings and existing three-story owner-
occupied one-family dwellings may be powered either by battery or by household
current derived from a lighting circuit. In order to prevent disablement of the detector or
system, in all other dwellings, independent detectors or interconnected detectors shall
be powered by household current derived from a lighting circuit and must be installed
without an intervening wall switch and may not be connected to a separate breaker or
fuse of the electrical system. Cord-connected installations are not permitted. Detectors
and related smoke/heat warning equipment shall be installed and wired in accordance
with the manufacturer's instructions and applicable generally accepted standards.
(5) Inspection/certification requirements for smoke detection systems.
(a) Certification of supervised smoke/heat detectors. Once each calendar year, the
owner or person responsible for a structure protected by supervised smoke/heat
detectors and/or systems shall provide the Building Department with a certificate of
approval, prepared by a licensed electrician or an individual approved by either the
Building Commissioner or the Examining Board of Electricians, on a form supplied by
the Building Department, certifying that the system is in working order and maintaining
the intended level of firesafety.
December 5, 2007
43
(b) Certification of nonsupervised interconnected smoke/heat detectors. Once each
calendar year, the owner or person responsible for a structure protected by required
nonsupervised interconnected smoke/heat detectors and/or systems, excluding one-
and two-family dwellings, shall provide the Building Department with a certificate of
approval, on a form supplied by the Building Department, certifying that the system has
been tested by a licensed electrician, an individual approved by either the Building
Commissioner or the Examining Board of Electricians, or the owner or person
responsible for the structure, and that the system is in working order and maintaining
the intended level of firesafety; provided, however, that for good cause the Building
Commissioner may, with respect to a particular structure or an individual, require that
the system be certified by a licensed electrician or an individual approved by the
Building Commissioner or the Examining Board of Electricians.
(c) Inspection of one- and two-family dwellings. The owner or person responsible for
any non-owner-occupied one- and two-family structure which is not covered under
Subsection E(5)(a) or (b) above [(a), Certification of supervised smoke/heat detectors;
(b), Certification of nonsupervised interconnected smoke/heat detectors] shall inspect
the smoke/heat detectors installed in the dwellings at least once each calendar year to
verify that said detectors are in working order and are maintaining the intended level of
firesafety.
(d) Certification after repair.
[1] Any repair, alteration or modification to a supervised or nonsupervised system shall
necessitate a re-certification as provided above [Subsections E(5)(a) or (b)] of all
circuits affected by such repair, alteration or modification (of said system) upon the
completion of the repair, alteration or modification.
[2] The replacement of batteries in self-contained independent (battery-powered)
smoke/heat detectors or the replacement of self-contained independent (battery-
powered) smoke/heat detectors shall not constitute a repair.
(e) Additional requirements. The certification requirements of this section are in addition
to the installation and maintenance requirements of Subsection E(2)(a) of this section
and the requirements of §146-7 of the Municipal Code. Certification performed pursuant
to this section does not relieve the owner or person responsible from the obligations to
properly install and maintain the equipment.
(6) Word usage. For the purposes of this section, words in the present tense shall also
imply the future tense; the singular includes the plural; and the plural includes the
singular.
§ 210-42. Inspections. [Amended 8-5-1992 by L.L. No. 3-1992; 6-4-2003 by Ord. No.
2003-12]
A. At least every five years, all rental dwelling units that are either a single-family
unit or a duplex shall be inspected by the Building Department. At least once a year, all
dormitories shall be inspected by the Building Department. [Amended 1-10-2007 by
Ord. No. 2007-1]
B. It shall be the responsibility of the owner of a rental property to schedule
inspections and to obtain a certificate of compliance from the Building Department.
Section 2. Effective Date and Operative Date.
This Local Law shall take effect immediately upon its filing in the office of the Secretary
of State.
Alderperson Tomlan explained that this chapter of the city code was not repealed in its
entirety and re-written because there are specific sections of the chapter that are more
restrictive than State law and these sections would have lost their “grandfathered”
status.
A Vote on the Local Law resulted as follows:
Carried Unanimously
December 5, 2007
44
10.4 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code
Entitled “Housing Standards”
By Alderperson Tomlan: Seconded by Alderperson Cogan
ORDINANCE 07-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
The following sections of Chapter 210 of the City of Ithaca Municipal Code entitled
“Housing Standards” are hereby amended to read as follows:
Chapter 210: HOUSING STANDARDS
Part 1 Residential Premises
ARTICLE I General Provisions
§210-1 Purpose
The purpose of this Part 1 is to provide basic and uniform standards, in terms of
performance objectives implemented by specific requirements, governing the condition,
occupancy and maintenance of residential premises and establishing reasonable
safeguards for the safety, health and welfare of the occupants and users thereof.
§210-2 Applicability.
A. This Part 1 shall apply to residential premises as follows:
(1) Lots, plots or parcels of land on which residential buildings, buildings of mixed
occupancy or accessory structures are located.
(2) Residential buildings, including one- and two-family dwellings and multiple dwellings,
except as specifically excluded in Subsection B.
(3) Residential occupancies in buildings of mixed occupancy.
(4) Accessory structures accessory to residential occupancies.
B. This Part 1 shall not apply to transient hotels, transient motels, mobile homes or to
other forms of temporary housing, including but not limited to tourist camps, farm labor
camps and travel trailers. However, this exclusion does not apply to transient type
occupancies and uses, including but not limited to nursing and convalescent homes,
hotels, motels and other similar occupancies or uses.[Amended 3-14-1994 by Ord. No.
93-33]
§ 210-3. Conflicts with other provisions; highest standards to prevail.
A. The provisions of this Part 1 shall supersede local laws, ordinances, codes or
regulations to the extent that such laws, ordinances, codes or regulations are
inconsistent with the provisions of this Part 1, provided that nothing herein contained
shall be construed to prevent the adoption and enforcement of a law, ordinance, code or
regulation which is more restrictive or establishes a higher standard than that provided
in this Part 1, and such more-restrictive requirement or higher standard shall govern
during the period in which it is in effect.
B. Where a provision of this Part 1 is found to be in conflict with a provision of a zoning,
building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or
ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or
regulation, the provision or requirement which is the more restrictive or which
establishes the higher standard shall prevail.
December 5, 2007
45
§ 210-4. Conformance with state provisions required. [Amended 7-8-1987 by Ord. No.
87-22]
Installations, alterations and repairs to residential premises and materials, assemblies
and equipment utilized in connection therewith shall be reasonably safe to persons and
property and in conformity with the applicable statutes of the State of New York and the
orders, rules and regulations issued by authority thereof. Conformity of such work,
materials, assemblies or equipment to the applicable requirements of the New York
State Uniform Fire Prevention and Building Code shall be prima facie evidence that the
same is reasonably safe to person and property.
§ 210-5. Definitions.
As used in this Part 1, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE — A structure, the use of which is incidental to that of the
residential building and which is located on the same premises.
ACCESSORY USE — A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a residential building. Such accessory uses may include,
among others, the following:
A. Offices for building management.
B. Dining rooms, banquet rooms, public kitchens and ballrooms.
C. Recreation and play rooms.
D. Laundries for the use of tenants and occupants and in connection with the
management and operation of a residential building.
E. Maintenance and work shops and storage rooms for linen, bedding, furniture,
supplies and tenants' equipment and effects.
F. Rooms or space for the incidental sale or display of merchandise to occupants and
tenants, such as newspaper, candy and cigar stands.
G. Garages within a residential building or on the premises thereof used primarily for the
storage of passenger-type motor vehicles.
APARTMENT HOTEL A multiple dwelling comprised of dwelling units which are
offered by occupancy for a period of less than 30 days. [Added 9-1-1999 by Ord. No.
99-9]
APARTMENT HOUSE — A multiple dwelling comprised of dwelling units which are
occupied for periods of 30 days or more. [Added 9-1-1999 by Ord. No. 99-9]
APPROVED — Approved by the administrative officer under the regulations of this
chapter or approved by an authority designated by law or this chapter.
BASEMENT — That space of a building as defined in the New York State Uniform Fire
Prevention and Building Code that is partly below grade which has more than half its
height, measured from floor to ceiling, above the average established curb level of
finished grade of the ground adjoining the building.
BATHROOM — Enclosed space containing one or more bathtubs or showers, or both,
and which may also contain water closets, lavatories or fixtures serving similar
purposes. (See the definition of "toilet room.")
BUILDING — A structure, wholly or partially enclosed within exterior walls or within
exterior or party walls and a roof, affording shelter to persons, animals or property.
CELLAR — That space of a building that is partly or entirely below grade which has
more than half of its height, measured from floor to ceiling, below the average
established curb level or finished grade of the ground adjoining the building.
December 5, 2007
46
COMMON AREA [Added 3-14-1993 by Ord. No. 93-32]:
A. Within the context of a single dwelling unit, common areas are the living spaces used
in common by residents of the household, including but not limited to living rooms,
foyers, household rooms, stairways and that portion of the exit path to the exterior used
by the dwelling unit. Kitchens and bathrooms are not considered common areas.
B. Within the context of a building with more than one residential unit or a mixed
occupancy building, common areas are any spaces used by more than one of the
building's tenants or uses, including but are not limited to entrance lobbies, stairways,
laundry rooms, mailrooms, etc. Common areas in this context shall not include areas
under the sole control of a single residential unit.
COMMUNITY RESIDENCE — A facility for the mentally disabled as defined by the
Mental Hygiene Law, §1.03, Subdivision 28, 1981 and as defined in the Residential
Code of New York State. [Added 9-1-1999 by Ord. No. 99-9]
COOPERATIVE HOUSE — A group of three or more unrelated persons occupying a
single dwelling unit without auxiliary social facilities.
DEPENDENT — Any individual described in Paragraphs (1) through (10) of Section
152(a) of Title 26 I.R.C. (1999 Edition) over half of whose support, for the calendar year
in which the taxable year of the taxpayer begins, was received from the taxpayer.
[Added 9-1-1999 by Ord. No. 99-9]
DWELLING, ONE-FAMILY — A building containing not more than one dwelling unit
occupied exclusively for residential purposes.
DWELLING, TWO-FAMILY — A building containing not more than two dwelling units
occupied exclusively for residential purposes.
DWELLING, TWO-FAMILY, SIDE-BY-SIDE — A building containing two dwelling units
which are separated from each other by a vertical wall without openings. In this type of
building there are no habitable spaces which are under the sole control of one of
dwelling units located above another space under the sole control of the other dwelling
unit. [Added 3-14-1993 by Ord. No. 93-32]
DWELLING UNIT — One or more rooms designed or used for living quarters by one
household, including provisions for living, cooking, sanitary and sleeping facilities and
having a separate entrance from the outside of the building or through a common hall.
[Repealed 3-14-1993 by Ord. No. 93-31; added 3-14-1993 by Ord. No. 93-32; amended
1-4-1995 by Ord. No. 95-2]
EXIT — A way of departure from the interior of a building or structure to the exterior at
street or grade, including doorways, passageways, hallways, corridors, stairways,
ramps, fire escapes and all other elements necessary for egress or escape as defined
in the applicable portions of the New York State Uniform Fire Prevention and Building
Code and/or applicable portions of the State of New York Multiple Residence Law.
FAMILY — One or more persons occupying a dwelling unit, provided that, unless all
members are related by blood, marriage, adoption or other legal relationship, no such
family shall contain over two persons, but further provided that domestic servants
employed on the premises may be housed on the premises without being counted as a
family or families.
GARDEN APARTMENT — A multiple dwelling or group of multiple dwellings containing
dwelling units, occupying of more than 35% of the area of the site or plot on which such
dwellings or dwelling units are situated. [Added 9-1-1999 by Ord. No. 99-9]
GENERALLY ACCEPTED STANDARD — A specification, code, rule, guide or
procedure in the field of construction and fire prevention or related thereto, recognized
and accepted as authoritative, which includes the list of reference standards in Title 9
New York Codes, Rules and Regulations (the New York State Uniform Fire Prevention
December 5, 2007
47
and Building Code) as of September 1, 1994. [Repealed 3-14-1993 by Ord. No. 93-31;
added 3-14-1993 by Ord. No. 93-32; amended 1-4-1995 by Ord. No. 95-2]
GRADE, AVERAGE ELEVATION OF FINISHED — The natural surface of the ground or
the surface of the ground, after completion of any change in contour abutting a building
or premises, the average elevation of which is a single point determined by the
weighted average elevation of the finished grade adjoining each of the exterior walls of
the building, where such walls face open space which is essentially level for 10 feet or
more. Areaways, driveways and entrances of abrupt change of elevation totaling 10% or
less of the length of the wall shall not be included in determining the average elevation.
[Amended 3-14-1993 by Ord. No. 93-32]
GROUP B-1 R-2 — A multiple-dwelling classification that includes residential buildings
used for permanent occupancy of more than 30 days configured as a single-dwelling
unit or multiple-dwelling units as listed in Section 210-7B(1) with provisions for living,
cooking, sanitary and sleeping facilities within the unit or units. [Added 9-1-1999 by Ord.
No. 99-9]
GROUP B-2 R-1 [Added 9-1-1999 by Ord. No. 99-9] — A multiple-dwelling classification
that includes residential buildings used for transient occupancy of 30 days or less
configured as a single-dwelling unit or multiple-dwelling as listed in Section 210-7B(2).
A. Residential buildings or dwelling units with sleeping accommodations for more
than five persons used or occupied as a club, dormitory, fraternity or sorority.
B. Residential buildings or dwelling units with sleeping accommodations for more
than 10 persons or occupied as student housing by the same person or persons.
C. Residential buildings or dwelling units with sleeping accommodations for
transient occupants.
D. Residential buildings or dwelling units with sleeping accommodations for
transient occupants.
E. Lodging units and single rooms to let.
HABITABLE SPACE — The space occupied by one or more persons for living,
sleeping, eating or cooking as defined in the New York State Uniform Fire Prevention
and Building Code. Kitchenettes shall not be deemed to be habitable space. (See
definitions of "nonhabitable space," "public space", “kitchenette” and "exit.")
HOTEL — A multiple dwelling used primarily for the purpose of furnishing lodging, with
or without meals, for more than 15 transient guests, for compensation. [Added 9-1-1999
by Ord. No. 99-9]
INFESTATION — The presence within or contiguous to a dwelling, dwelling unit,
lodging house, lodging unit or premises of insects, rodents, vermin or other pests.
KITCHEN — Space, 60 square feet or more in floor area, with a minimum width of five
feet, used for cooking or preparation of food.
KITCHENETTE — Space, less than 60 square feet in floor area, used for cooking or
preparation of food.
LODGER — A transient, temporary or permanent guest or tenant. [Added 9-1-1999 by
Ord. No. 99-9]
LODGING HOUSE — A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
LODGING UNIT — A room or group of rooms forming a single habitable unit, including
rooms rented on an individual basis, used or intended to be used for lodging. [Amended
9-1-1999 by Ord. No. 99-9]
December 5, 2007
48
MECHANICAL EQUIPMENT — Plumbing, heating, electrical, ventilating, air
conditioning, refrigerating, elevators, dumbwaiters, escalators and other mechanical
additions or installations. [Added 3-14-1993 by Ord. No. 93-32]
MEZZANINE — An intermediate level between the floor and ceiling of any space that is
completely open or provides adequate visibility to the level below as defined in the New
York State Uniform Fire Prevention and Building Code. [Added 3-14-1993 by Ord. No.
93-32]
MIXED OCCUPANCY — Occupancy of a building in part for residential use and in part
for some other use not accessory thereto.
MOTEL — A multiple dwelling, not over two stories in height, intended primarily for
motorists, in which the exit from each dwelling unit or sleeping room is directly to the
exterior (includes but is not limited to the terms "motor court," "motor hotel" and "tourist
court"). [Added 9-1-1999 by Ord. No. 99-9]
MULTIPLE DWELLING [Amended 9-1-1999 by Ord. No. 99-9]:
A. A building containing three or more dwelling units.
B. A building containing living, sanitary and sleeping facilities occupied by one or two
families and more than four lodgers residing with either one of such families.
C. A building with one or more sleeping rooms, other than a one- or two-family dwelling,
used or occupied by permanent or transient paying guests or tenants.
D. A building with sleeping accommodations for more than five persons used or
occupied as a club, dormitory, fraternity or sorority house, cooperative house or for
similar uses.
E. A building used or occupied as a convalescent, old-age or nursing home, but not
including private or public hospitals or public institutions. (See § 210-2B for certain
multiple dwellings not within the scope of this Part 1.) (See § 210-7B for occupancy
classifications of multiple dwellings.)
F. Community residences.
MULTIPLE RESIDENCE — See the definition of "multiple dwelling."
MUNICIPALITY — The City of Ithaca, in the County of Tompkins and State of New
York.
NONHABITABLE SPACE — Space used as kitchenettes; pantries; bath-, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms; closets; other spaces for
service and maintenance of the building; and those spaces used for access and vertical
travel between stories. (See definitions of "habitable space," "public space",
“kitchenette” and "exit.")
OCCUPANT — A person that is permitted to occupy a dwelling unit or building,
excluding minor dependent children of the same person. [Added 9-1-1999 by Ord. No.
99-9]
PLUMBING SYSTEM — The water supply system, the drainage system, the vent
system, fixtures and traps, including their respective connections, devices and
appurtenances within the property lines of the premises.
POTABLE WATER — Water which is approved for drinking, culinary and domestic
purposes.
PUBLIC SPACE — Space within a residential building for public use, such as lobbies;
lounges; reception, ball-, meeting, lecture and recreation rooms; banquet and dining
rooms and their kitchens; and swimming pools.
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SEWAGE — Liquid waste containing animal or vegetable matter in suspension or
solution and which may include industrial wastes and liquids containing chemicals.
SINGLE ROOM TO LET — An individually rented room that provides space for sleeping
but does not provide sanitary fixtures within the room itself. Bathrooms are shared by
tenants occupying rooms on any one floor. [Added 9-1-1999 by Ord. No. 99-9]
SLEEPING ROOM — A room used and intended to be used for sleeping on a regular
basis which meets the state code requirements for habitable space and which is
completely enclosed and separated from all other spaces in the dwelling by full-height
walls and a door, so as to provide privacy for the occupant(s). [Added 9-1-1999 by Ord.
No. 99-9]
SMOKE/HEAT DETECTOR, INDEPENDENT — A single device which, without any
other devices other than a power source, senses either smoke, heat or other products
of combustion and contains within itself the ability to sound an audible alarm at the
device location. [Added 3-14-1993 by Ord. No. 93-32]
SMOKE/HEAT DETECTORS, INTERCONNECTED, INDEPENDENT — A series of
independent smoke/heat detectors, connected in such a way that activation of any
detector causes the alarms of all detectors in the series to also sound their alarms.
[Added 3-14-1993 by Ord. No. 93-32]
SMOKE/HEAT DETECTOR, SELF-CONTAINED, INDEPENDENT — A single device
which without any other devices, other than a power source, senses either smoke, heat
or other products of combustion and contains within itself the ability to sound an audible
alarm at the device location. Such a device need not be connected to the electrical
system of the building, but may instead be connected to a battery as its own internal
power source. [Added 3-14-1993 by Ord. No. 93-32]
SMOKE/HEAT DETECTORS, SUPERVISED — Smoke/heat detectors connected
together in a system which provides for a signal indicating the need for action to either
maintain or repair the system. [Added 3-14-1993 by Ord. No. 93-32]
SMOKE/HEAT DETECTORS, SUPERVISED WITH AUTOMATIC FIRE DEPARTMENT
NOTIFICATION — Smoke/heat detectors connected together in a system which
provides for a signal indicating the need for action to either maintain or repair the
system and shall also automatically provide for notification of an alarm condition to the
Fire Department as specified in Municipal Code Chapter 181. [Added 3-14-1993 by Ord.
No. 93-32]
STORY [Added 3-14-1993 by Ord. No. 93-32] — A portion of a building which is
between one floor level and the next higher floor level or a roof as define in the New
York State Uniform Fire Prevention and Building Code. The following locations shall not
be deemed a story:
A. A basement as defined in the New York State Uniform Fire Prevention and Building
Code. where the finished floor immediately above is less than seven
feet above the average elevation of the finished grade.
B. A cellar.
C. An attic not meeting the requirements for habitable space. This includes the lack of
permanent stairs or sufficient dimensions to qualify as habitable space as described
herein.
D. Roof construction enclosing stairs or equipment other than for elevators, provided
that they are less than 12 feet in height and do not occupy more than 30% of the area of
the roof on which they are located; and elevator hoistway and elevator machine rooms.
E. For one and two household dwellings, a m A mezzanine as defined in the New
York State Uniform Fire Prevention and Building Code with a floor area less than
1/3 of the floor area immediately below.
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F. For multiple dwellings, a mezzanine with a floor area less than 5,000 square feet
and less than 1/3 of the floor area immediately below.
STRUCTURE — An assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings.
TRANSIENT - Thirty days or less.
TOILET ROOM — An enclosed space containing one or more water closets, which may
also contain one or more lavatories, urinals and other plumbing fixtures. (See definition
of "bathroom.")
VENTILATION — The supply and removal of air to and from a space by natural or
mechanical means.
A. MECHANICAL VENTILATION — Ventilation by power-driven devices.
B. NATURAL VENTILATION — Ventilation by opening to the outer air through windows,
skylights, doors, louvers or stacks, with or without wind-driven devices.
ARTICLE II Space Requirements
§ 210-6. General requirements.
A. Buildings occupied in whole or in part, as defined in this Part 1, shall comply with the
requirements hereinafter set forth concerning occupancy, size, light and ventilation in
order to provide a safe and healthful environment.
B. The term "accessory use" shall have a uniform meaning and shall apply in the same
manner and under the same conditions or restrictions to all residential buildings.
§ 210-7. Occupancy classifications. [Amended 9-1-1999 by Ord. No. 99-9]
Buildings, for the purpose of this Part 1, shall be classified in respect to their
occupancies as follows:
A. One- and two-family dwellings: buildings containing one or two dwelling units with
fewer than four lodgers residing with a family in either one of such dwelling units.
B. Multiple dwellings:
(1) The following types of buildings are multiple dwellings where the occupants are
primarily permanent in nature and are required to be classified as Group B-1 R-2 under
the New York State Uniform Fire Prevention and Building Code:
(a) Buildings containing one or two dwelling units with more than four lodgers, other
than lodgers defined under the Group B-2 use category below, residing with a family in
either one of such dwelling units.
(b) Buildings containing three or more dwelling units.
(c) Apartment houses.
(d) Garden apartments.
(e) Community residences.
(f) Boarding houses (non-transient).
(g) Convents.
(h) Dormitories.
(i) Fraternities and sororities.
(j) Monasteries.
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(k) Vacation timeshare properties.
(l) Hotels (non-transient).
(m) Motels (non-transient).
(n) Lodging houses and lodging units.
(o) Buildings with 3 or more single rooms to let or combination of 3 or more dwelling
units and single rooms to let.
(2) The following types of buildings are multiple dwellings where the occupants are
primarily transient in nature and are required to be classified as Group B-1 R-1 under
the New York State Uniform Fire Prevention and Building Code:
(a) Hotels (transient).
(b) Lodging houses and rooms to let Motels (transient).
(c) Buildings or dwelling units with sleeping accommodations for more than five
persons, used or occupied as a club, dormitory, fraternity or sorority house, cooperative
house or similar uses Boarding houses (transient).
(d) Buildings or dwelling units with sleeping accommodations for more than
10 persons used or occupied as student housing by the same person
or persons for a period coinciding with the term of the school year or
any part of the school year.
(e) Motels.
(f) Apartment hotels.
§ 210-10. Habitable space.
A. Size. [Amended 6-5-1996 by Ord. No. 96-10]
(1) In one- or two-family dwellings, habitable space shall have a minimum ceiling height
as required by the Property Maintenance Code of New York State of six feet eight
inches over 50% of the floor area. In multiple dwellings, habitable space shall have a
minimum ceiling height as required by the Property Maintenance Code of New York
State of seven feet over 50% of the floor area. The floor area where the ceiling height is
less than five feet shall not be considered in computing floor area.
(2) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall
be deemed to be part of a habitable room. The area of the opening in the dividing
partition between the alcove and the room shall be at least 80% of the wall area of such
partition, measured on the alcove side, but not less than 40 square feet. The depth of
such alcove shall not exceed half its width. The floor area of the alcove shall be added
to the floor area of the room in determining light and ventilation requirements for the
room. An alcove with an area of 60 square feet or more, but less than the required area
of a habitable room, shall be separately lighted and ventilated as required for habitable
space.
(3) Kitchens shall have a minimum of 60 square feet of floor area, and other habitable
spaces shall contain not less than 80 feet of floor area and shall have a minimum
horizontal dimension of seven feet (See definition of kitchen).
B. Basements. A basement shall be deemed habitable space only if it complies with all
of the following requirements:
(1) Windows are provided on more than one wall.
(2) The depth of the basement space measured from the wall having the major window
area does not exceed four times the clear height of the basement. If this dimension is
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exceeded, that portion of the basement beyond the permissible limit shall not be used
as habitable space.
(3) Air for combustion of fuel-burning equipment shall not be taken directly from
habitable space.
(4) All fuel-burning equipment shall comply with the requirements of the Property
Maintenance Code of New York State be completely separated from habitable space by
a partition having a minimum fire rating as specified by the Uniform Fire Prevention and
Building Code or other applicable codes. [Amended 8-5-1992 by L.L. No. 3-1992]
(5) Walls of the basement shall be constructed to prevent condensation forming thereon
under normal conditions.
C. Light and ventilation.
(1) Habitable space shall be provided with windows as required by the Property
Maintenance Code of New York State natural light through one or more windows,
skylights or transparent or translucent panels, or any combination thereof, that face
directly on legal open spaces at least six inches above the adjoining finished grade or
that are above a roof. The amount of light shall be equivalent to that transmitted
through clear glass equal in area to 8% of the floor area of the habitable space.
[Amended 8-5-1992 by L.L. No. 3-1992]
(2) Habitable space shall be provided with artificial light.
(3) Habitable space shall be provided with natural ventilation as required by the
Property Maintenance Code of New York State through openable parts of windows or
other openings in exterior walls that face legal open spaces above the adjoining finished
grade or above a roof or through openable parts of skylights, providing total clear
ventilation area equal to not less than 4% of the total floor area of each habitable space.
[Amended 8-5-1992 by L.L. No. 3-1992]
(4) Habitable space may also be provided with mechanical ventilation in addition to
natural ventilation.
D. Miscellaneous requirements.
(1) Dwelling units shall be separated from each other and from other spaces outside the
dwelling unit.
(2) Sleeping rooms within dwelling units shall be separated from each other and from
other spaces outside the sleeping rooms to assure a safe means of egress. Sleeping
rooms shall not be used as the only means of access to other sleeping rooms or
habitable spaces (See definition of sleeping room). [Amended 6-5-1996 by Ord. No. 96-
10]
(3) Lodging units shall be separated from each other and from other spaces outside the
lodging units.
(4) A communal kitchen or dining room in a lodging house shall be accessible to the
occupants sharing such kitchen or dining room without going through a dwelling unit or
lodging unit of another occupant.
§ 210-11. Public space.
A. Height. Public space shall have a minimum height of seven feet six inches measured
from finished floor to finished ceiling.
B. Light and ventilation.
(1) Public spaces shall be provided with artificial light.
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(2) In public stairs, stairways and passageways, artificial light shall be electric lighting
available at all times so as to afford safe passage for occupants and users. Such
lighting shall conform to the following:
(a) A sufficient number of fixtures shall be provided so that the distance between
fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a
fixture.
(b) Incandescent lighting shall be based on not less than 1/4 watt per square foot of
floor area, except that each fixture shall have a lamp or lamps with a total of not less
than 25 watts.
(c) Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor
area, except that each fixture shall have a lamp or lamps with a total of not less than 15
watts.
(d) Where, under these formulas, the calculated wattage does not correspond to that of
a standard lamp, the next larger size shall be used.
(3) Public spaces shall be provided with either natural ventilation conforming to the
requirements for habitable space or with mechanical ventilation.
§ 210-12. Nonhabitable space.
A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings
shall have a minimum height, of six feet eight inches measured from floor to ceiling, as
required by the Property Maintenance Code of New York State. [Amended 6-5-1996 by
Ord. No. 96-10]
B. Toilet rooms and bathrooms.
(1) Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions
for privacy.
(2) Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located
within the dwelling units and shall be accessible from any sleeping room without
passing through any other sleeping room.
(3) Unless located within dwelling units or directly connected with sleeping rooms, toilet
rooms and bathrooms in multiple dwellings shall be provided in each story containing
habitable space and shall be accessible thereto.
(4) Toilet rooms for employees in multiple dwellings shall be in separate rooms for each
sex where there are five or more employees, shall be readily accessible to such
employees and shall not open directly into any public kitchen or other public space used
for the cooking or preparation of food.
(5) In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with
floors of moisture-resistant material.
(6) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be
waterproof. Such waterproofing shall extend four inches or more above floors, except at
doors, so that floors can be flushed or washed without leaking. [Amended 6-5-1996 by
Ord. No. 96-10]
C. Light and ventilation.
(1) Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light
appropriate for the use of such rooms.
(2) Laundry rooms, furnace rooms and similar nonhabitable space shall be provided
with artificial light appropriate for the intended use of such rooms.
(3) Stairs shall be provided with artificial light to allow safe ascent or descent.
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(4) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in
accordance with either of the following:
(a) Natural ventilation as required for habitable space, except that such openable areas
shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than
three square feet for kitchenettes.
(b) Mechanical ventilation exhausting not less than 25 cubic feet per minute for
bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes.
(5) Spaces in multiple dwellings which contain central heat-producing, air-conditioning
and other equipment shall be ventilated to the outer air, and air from these spaces shall
not be recirculated to other parts of the building.
(6) Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl
spaces. The location and net areas of ventilation openings shall be such as to minimize
deterioration of structural members from condensation or other causes, in conformity
with generally accepted standards.
§ 210-13. Access and stairs.
A. Stairs, both interior and exterior, shall be of sufficient width in conformity with
generally accepted standards so as to serve the occupants.
B. Railings shall be provided on open portions of stairs, balconies, landings and
stairwells.
§ 210-14. Exits.
A. Safe, continuous and unobstructed exit shall be provided from the interior of the
building to the exterior at street or grade level.
B. Exits shall be arranged, constructed and proportioned so that occupants may escape
safely from the building in case of emergency.
C. In one- and two-family dwellings, in addition to a primary exit from the building, there
shall be provided a secondary exit or, in lieu thereof, one or more exit openings for
emergency use.
D. In multiple dwellings, approved exits shall be provided as specified in this chapter
and other codes applicable to multiple dwellings.
ARTICLE III Structural Requirements
§ 210-15. General requirements.
A. Buildings and parts thereof shall be maintained so as to be capable of sustaining
safely their own weight and the loads to which they may be subject.
B. Buildings shall be maintained so that loads are transmitted to the soil without undue
differential settlement, unsafe deformation or movement of the building or of any
structural part.
C. Buildings shall be maintained so that protection is provided for all structural members
which may become structurally unsound due to deterioration caused by action of
freezing and thawing, dampness, corrosion, wetting and drying, termites and other
destructive insects and other causes.
D. Buildings built in soil which is water-bearing at any season of the year shall be
maintained so that ground- and surface water will not penetrate into habitable spaces
and that water penetrating basements and cellars shall be controlled with appropriate
mechanical or other means provided to remove such water promptly.
§ 210-16. Exterior protection.
A. Foundation walls shall be maintained so as to be structurally sound and to prevent
entrance of moisture, termites and vermin. Such protection shall consist of shoring,
where necessary, subsoil drains at footings, grouting of masonry cracks, waterproofing
of walls and joists and other suitable means.
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B. Exterior walls and wall components shall be maintained so as to prevent deterioration
to an extent which is hazardous to occupants or neighboring properties due to the
elements and destructive insects. Such maintenance shall consist of painting,
installation or repair of walls, copings and flashings, waterproofing of joints, waterproof
coatings, installation or repair of termite shields, poison treatment of soil or other
suitable means.
C. Roofing shall be maintained in watertight condition so as to prevent leakage into the
building. Such maintenance shall consist of repairs of roofing, flashings, waterproof
coatings or other suitable means.
§ 210-17. Interior protection.
A. Crawl spaces shall be maintained free of moisture, and the flow of air from such
spaces into walls above shall be effectively barred so as to prevent deterioration of
structural members. Such provisions shall consist of maintenance of the openings in
foundation walls to provide adequate circulation of air in the crawl space; covering the
ground in the crawl space with a moisture barrier; installation of drains outside the
structure, if the crawl space is below surrounding grade; blocking openings in stud walls
to prevent flow of air and moisture into walls; frequent destruction of termite tubes from
the soil to wood floor members above; poison treatment of soil; and other suitable
means.
B. Structural members shall be maintained so as to be structurally sound. Supporting
structural members shall be considered to be structurally sound if such members are
capable of bearing imposed loads safely and if there is no evidence of deterioration.
Such protection shall consist of shoring, reinforcement or repair, where necessary,
frequent destruction of termite tubes or other appropriate means.
C. Chimneys and flues shall be maintained so as to be structurally sound and free from
defects to prevent leakage of gases into the structure. Such maintenance shall consist
of clearing flue stoppages, sealing open joints, repairing masonry, where necessary,
and other suitable means.
D. Ceilings, walls and floors shall be maintained so that parts which become loose or
defective do not constitute a hazard to occupants. Such maintenance shall consist of
removing and replacing loose or defective sections.
E. Toilet room and bathroom floors shall be maintained so as to prevent leakage of
water through the floor under normal conditions of use and floor washing and resultant
deterioration or defects in structural members and ceilings below. Maintenance shall
consist of repairs which effectively provide the moisture- and waterproof qualities
required for the particular floor.
ARTICLE IV Firesafety Requirements
§ 210-18. Prohibited accumulations and storage.
It shall be prohibited to accumulate or store:
A. On residential premises, except in approved locations, any highly flammable or
explosive matter, such as paints, volatile oils, cleaning fluids and similar materials or
any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes,
rags or similar materials.
B. Materials on fire escapes or stairs, in stairways or passageways, at doors or windows
or in any other locations where, in the event of fire, such materials may obstruct egress
of occupants or interfere with fire-fighting operations.
§ 210-19. Prevention of fire spread.
A. Walls and ceilings shall be maintained free from cracks and openings which would
permit flame or excessive heat to enter the concealed space.
B. In buildings of mixed occupancy, nonresidential space shall be separated from
residential space by approved fire separations which will retard the spread of fire.
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C. Garages in or attached to a residential building shall be separated from other spaces
in the building as required by the applicable building code in effect at the time of
construction or renovation which triggered compliance with such code. If no requirement
for such separation at the time of original construction or renovation exists, then a
minimum of one half inch gypsum drywall shall be installed on the garage side of the
common wall or ceiling, including attic space, if any. Such gypsum drywall shall be fire
taped. Any openings in the separation between the garage and the dwelling unit shall
be protected by the installation of a solid wood door of a minimum of 1 3/8 inches or a
twenty minute fire door. For the purposes of this subsection, the Multiple Residence
Law shall not apply to buildings remodeled to multiple dwellings after June 1958.
[Amended 6-5-1996 by Ord. No. 96-10]
§ 210-20. Interior finishes, trim and decorative materials.
Interior finish materials for acoustical correction, surface insulation and decorative
treatment on the surfaces of walls and ceilings and interior trim shall be of materials that
will not, in burning, give off excessive amounts of smoke or objectionable gases.
§ 210-21. Fireplaces.
A. Fireplaces and similar constructions used or intended to be used for burning fuel in
open fires shall be connected to approved chimneys and shall be installed so that
nearby or adjacent combustible material and structural members shall not be heated to
unsafe temperatures.
B. Hearths and linings or other parts of fireplaces exposed directly to flame shall be of
materials that will not melt, disintegrate, spall or shatter at high temperatures.
C. Wood mantels and trim on fireplaces shall be placed and attached so that they
cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire.
D. Fireplaces shall have protective screens made of nonflammable material which shall
be placed across the fireplace between the fire and the room. Such protective screen
shall be kept closed at all times while the fireplace is in use.
ARTICLE V Equipment Requirements
§ 210-22. General requirements.
A. Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire-
protection and radiation-production equipment, elevators, dumbwaiters, escalators and
other mechanical additions, installations or systems for the use of the building shall be
installed, located and maintained so that, under normal conditions of use, such
equipment and systems will not be a danger to health or welfare, a danger because of
structural defects or a source of ignition or a radiation hazard and will not create
excessive noise or otherwise become a nuisance. Equipment and systems include but
are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering,
wiring, fittings and materials used as part of or in connection with such installations.
B. Equipment and systems subject to damage from freezing shall be adequately
protected against freezing.
C. Moving parts of equipment which may be a potential hazard shall be guarded to
protect against accidental contact.
§ 210-23. Plumbing.
A. General requirements.
(1) Plumbing systems shall be maintained in sanitary and serviceable condition.
(2) Plumbing systems shall be maintained so as not to weaken structural members nor
cause damage or deterioration to any part of the building through fixture usage.
B. Water supply.
(1) Potable water from an approved source shall be available at all times in residential
buildings. The domestic water supply system of the building shall be connected to such
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approved source and shall not be subject to contamination. When supplied from a
public source, the potable water supply system shall not be connected to private or
unsafe water supplies.
(2) Water supply systems shall be installed and maintained so as to provide at all times
a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume
and at pressures adequate to enable them to function satisfactorily and without undue
noise under all normal conditions of use.
(3) Water supply systems shall be installed and maintained so that water used for
purposes of cooling or heating shall not be reintroduced into the domestic water supply
system nor be distributed through such equipment to plumbing fixtures.
(4) Hot-water supply systems shall be provided with safety devices arranged to relieve
hazardous pressures and excessive temperatures.
C. Sewage drainage system.
(1) Plumbing fixtures shall be drained to a sewage drainage system, and such system
shall be connected to a public sewer or to an adequate and approved system of sewage
disposal.
(2) Where a public sewer is not available, a system shall be provided to receive and
dispose of sewage without health hazard or nuisance.
(3) Sewage or other waste which may be deleterious to surface or subsurface waters
shall not be discharged into the ground or into a waterway unless it has first been
rendered harmless through subjection to treatment in conformity with generally
accepted standards.
(4) Substances which will clog the pipes, produce explosive mixtures, destroy the pipes
or their joints or interfere unduly with the sewage disposal process shall not be
discharged into the building drainage system unless it is provided with approved
devices suitable for intercepting such substances.
(5) Each fixture directly connected to the sewage drainage system shall be equipped
with a water seal trap.
(6) Adequate cleanouts shall be provided and maintained so that the pipes may be
readily cleaned.
(7) The drainage system and its attendant vent piping shall be maintained so as to
provide adequate circulation of air in all pipes in order that siphonage, aspiration or
pressure will not cause a loss of trap seal under ordinary conditions of use.
(8) Each vent terminal to the outer air shall be installed and maintained so as to
minimize the possibilities of clogging, frost closure, the return of foul air to the building
or the creation of a nuisance to adjacent premises.
(9) Drains provided for fixtures, devices, appliances or apparatus containing food, water,
sterile goods or similar materials shall be equipped with air breaks adequate to prevent
contamination of such contents from any possible backup of sewage through direct or
indirect drainage piping.
D. Storm drainage.
(1) Roofs and paved areas, including yards and courts, shall be drained. Storm
drainage shall be conveyed to any adequate and approved system of stormwater
disposal, where available. Storm drains shall be discharged in such manner that water
will not flow onto sidewalks.
(2) Where a drainage system may be subject to backwater, suitable provision shall be
made to prevent its overflow into the building.
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(3) Leaders and gutters, if used, shall be constructed of noncombustible material,
except that wood leaders and gutters may be used for buildings not more than three
stories high.
E. Plumbing facilities.
(1) Buildings and portions thereof shall be provided with plumbing systems designed to
dispose of the sewage from all fixtures and to furnish cold water to every water closet
and urinal and hot and cold water to every sink, lavatory, bathtub and shower required
therein. In multiple dwellings, hot water shall be furnished at a temperature range of
130° F. to 140° F.
(2) There shall be provided within each dwelling unit, plumbing fixtures consisting of at
least:
(a) One kitchen sink.
(b) One water closet.
(c) One bathtub or shower.
(d) One lavatory.
(3) Where multiple dwellings contain sleeping accommodations arranged as individual
rooms or suites, for each multiple of six sleeping rooms or fraction thereof, there shall
be provided plumbing fixtures consisting of at least:
(a) One water closet.
(b) One bathtub or shower.
(c) One lavatory.
(4) Where multiple dwellings contain sleeping accommodations arranged as a
dormitory, for each multiple of 15 persons or fraction thereof so accommodated, there
shall be provided and located adjacent plumbing fixtures consisting of at least:
(a) One water closet.
(b) One bathtub or shower.
(c) One lavatory.
(5) Urinals may be substituted in men's toilet rooms for not more than 1/3 of the required
number of water closets.
(6) Privies, privy vaults and outhouses shall be prohibited on residential premises.
F. Plumbing fixtures.
(1) Plumbing fixtures shall be made of smooth, nonabsorbent material.
(2) Plumbing fixtures shall be so spaced as to be reasonably accessible for their
intended use.
(3) Plumbing fixtures shall be located in spaces that are accessible, lighted and
ventilated. Editor's Note: Original Subsection G, Swimming pools, which immediately
followed this subsection, was deleted 8-5-1992 by L.L. No. 3-1992. For current
provisions, see Ch. 295, Swimming Pools.
G. Water supply tanks.
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(1) Water supply tanks shall be installed and maintained so as to be watertight,
verminproof, rodentproof, resistant to corrosion and capable of withstanding the working
pressures under normal operation.
(2) Supports for tanks shall be of noncombustible construction.
(3) Tanks and their supports shall not be used to support equipment or structures other
than for tank use, except where specially designed for such other use.
(4) Means for emptying water supply tanks shall be provided and maintained in proper
working condition.
(5) Potable water supply tanks for domestic supply and standpipe or automatic sprinkler
systems shall be installed and maintained to furnish water in sufficient quantity and
pressure for such systems.
§ 210-24. Fuel gas.
A. General requirements.
(1) Fuel gas piping systems shall be installed and maintained so as to remain gastight,
safe and operative under conditions of use.
(2) Fuel gas piping systems shall provide a supply of gas sufficient to meet the
maximum expected demand of the installed gas-burning appliances connected thereto.
B. Shutoff valves.
(1) Gas piping systems shall have at least one accessible means for shutting off all gas
supply, and such means shall be maintained in good operating condition.
(2) An easily accessible shutoff valve or cock shall be provided in the piping in close
proximity to and ahead of every outlet for a gas appliance.
C. Service equipment for gas supplied from utility mains. Gas services, gas meters and
gas pressure regulators shall be located so that they are protected from damage.
D. Gas refrigerators and ranges. Gas refrigerators and ranges shall be installed with
clearance for ventilation and shall be maintained in good operating condition.
E. High-pressure gas. Any service connection supplying gas at a pressure in excess of
one pound per square inch gauge shall be provided with a device to reduce such
pressure to not more than 1/2 pound per square inch gauge prior to entering the meter,
except where such service supplies equipment using gas at high pressures.
F. Liquefied petroleum gas.
(1) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping
equipment and systems in buildings.
(2) Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or
open electrical coil.
(3) Where two or more containers are installed, connection shall be arranged so that
containers can be replaced without shutting off the flow of gas to equipment.
(4) Containers shall be designed, stored and located so as not to be a hazard to the
premises served or to the surrounding property.
(5) Systems shall be provided with safety devices to relieve excessive pressures and
shall be arranged so that the discharge terminates at a safe location.
(6) Systems shall have at least one accessible means for shutting off the gas. Such
means shall be located outside the building and shall be maintained in good operating
condition.
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§ 210-25. Heating.
A. General requirements. [Amended 8-5-1992 by L.L. No. 3-1992; 6-5-1996 by Ord. No.
96-10]
Residential buildings intended for occupancy between the fifteenth day of September
and the 31st day of May of the following year shall be provided with heating equipment
as required by the Property Maintenance Code of New York State.
(1) Residential buildings intended for occupancy between the first day of
September and the 31st day of May of the following year shall be provided
with heating equipment designed to maintain a temperature of not less
than 68 degrees F at a distance of two feet and more from exterior walls and
at a level of five feet above the floor in habitable spaces, kitchenettes,
bathrooms and toilet rooms. Exceptions to this requirement may be found
in the Federal Fair Housing Act (42 U.S.C. §3604 Sub. F). The capability
of the heating equipment to maintain such indoor temperature shall be
based on the average of the recorded annual minimum outside temperatures
for the locality.
(2) In residential buildings, when a tenant does not have access to individual
heating control devices or his/her device controls the temperature of other
dwelling units, adequate heat shall be provided to maintain the indoor
temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms
at 68 degrees F. when the outside temperature falls below 55 degrees F.
between the first day of September and the 31st day of May. Exceptions
to this requirement may be found in the Federal Fair Housing Act. (42
U.S.C. §3604 Sub. F).
B. Smoke control. Fuel-burning heat-producing equipment shall be installed and
maintained so that the emission or discharge into the atmosphere of smoke, dust,
particles, odors or other products of combustion will not create a nuisance or be
detrimental to the health, comfort, safety or property of any person.
C. Warm air heating. Ducts and other air-handling equipment used for heating shall
conform to the requirements of such equipment used for ventilating purposes.
D. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall
not be located in sleeping rooms, bathrooms or toilet rooms.
E. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and
connected in place. The fuel supply connection to such equipment shall be made with
pipe or tubing of solid metal.
F. Installation and clearance.
(1) Where heat-producing equipment is installed on or adjacent to combustible
materials, the location, insulation, clearance and control of the equipment shall be such
that the temperature on the surface of the combustible materials will not exceed a safe
temperature.
(2) Where electric heating is used, such equipment shall be enclosed and protected to
the fullest extent practicable so that any persons, especially children, shall be protected
from burns from the heating elements, electric shock and other hazards.
(3) If hot-water pipes not used for heating purposes are so located that they are
accessible to any persons, especially children, they shall be covered with an
appropriate insulating material to provide protection from burns.
G. Air supply.
(1) Direct-fired heat-producing equipment and the enclosure in which it is located shall
be provided with a supply of air adequate both for complete combustion at the rated
gross output of the equipment and for the ventilation of the enclosure to prevent the
accumulation of heat.
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(2) Rooms containing fuel-burning equipment shall have such air supply provided by
means of one or more openings to the exterior or by means of fixed openings to interior
spaces which open to the exterior.
H. Removal of products of combustion.
(1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or
flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall
be prohibited.
(2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed
shall be connected to a suitable chimney, flue or gasvent.
(3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when
the discharge of products of combustion into the space where the equipment is installed
would be a hazard.
I. Safety devices.
(1) Equipment capable of developing hazardous pressures or temperatures shall be
provided with means to relieve safely such pressures and temperatures.
(2) Controls for the safe operation of automatically operated heat-producing equipment
shall be provided to function as follows:
(a) When failure or interruption of flame or ignition occurs, the fuel supply shall be cut
off.
(b) When a predetermined temperature or pressure is exceeded, the input of additional
heat shall be prevented or reduced to a safe rate.
(c) When the water level in a steam boiler drops below a predetermined level, the fuel
supply shall be cut off.
(d) When failure or interruption of the pilot light or the main burner of liquefied petroleum
gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut
off.
J. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings
shall be located in heater rooms, except that equipment burning gas or liquid fuel
located in the vehicle storage space shall be permitted in stories at or above grade
where elevated so as not to be exposed to possible accumulation of flammable gases.
§ 210-26. Chimneys, flues and gas vents.
A. General requirements.
(1) Chimneys, flues, gas vents and their supports shall be installed and maintained so
as to be structurally safe, durable, smoketight, noncombustible and capable of
withstanding the action of flue gases without softening, cracking, corroding or spalling.
(2) Such facilities shall effectively convey the products of combustion to the outer air.
(3) Masonry chimneys, except approved prefabricated chimneys, shall have
noncombustible foundations.
(4) Flue linings shall be capable of withstanding the action of flue gas without softening,
cracking, corroding or spalling at the temperature to which they will be subjected.
(5) Openings for smoke pipes or gas vent connections shall be provided with a means
for easy connection without restriction of the flue.
(6) No flue shall have smoke pipe or gas vent connections in more than one story of a
building.
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(7) Fuel-burning equipment and fireplaces located in different tenancies shall not be
connected to the same flue.
B. Firesafety. Chimneys, flues and gas vents shall be installed and maintained so that,
under conditions of use, the temperature of any combustible material adjacent thereto,
insulated therefrom or in contact therewith does not exceed a safe temperature.
C. Spark arresters. A chimney or flue connected to an incinerator and a chimney or flue
which may emit sparks shall be provided with a spark arrester of noncombustible
construction. Spark arresters shall have sufficient total clear area to permit unrestricted
passage of flue gases. Openings in spark arresters shall be of such size as to prevent
passage of embers and to minimize clogging by soot.
§ 210-27. Incinerators.
A. General requirements.
(1) Incinerators shall be of adequate capacity for the intended use.
(2) Flue-fed incinerators shall be equipped with a means for burning auxiliary fuel in
sufficient quantity to assure complete combustion of refuse.
(3) A flue serving an incinerator shall be provided with a substantially constructed spark
arrester.
(4) Incinerators shall be connected to a suitable noncombustible chimney, smokestack
or flue.
(5) Connections to incinerators shall provide free passage of refuse without clogging.
B. Service openings.
(1) Service openings shall be readily accessible to the building occupants.
(2) Durable signs with plainly legible letters prohibiting disposal of highly flammable
substances in incinerators shall be provided near service openings.
§ 210-28. Electrical wiring and equipment.
A. General requirements.
(1) Electrical wiring and equipment shall be installed in conformity with generally
accepted standards and shall be maintained so as not to be a potential source of
ignition of combustible material or a potential source of electrical hazard.
(2) Electrical wiring and equipment shall be firmly secured to the surface on which it is
mounted.
(3) Electrical wiring and equipment installed in damp or wet locations or where exposed
to explosive or flammable gases or to excessive temperatures shall be of a type
approved for the purpose and location.
(4) Electrical wiring and equipment shall be protected against excessive current by
properly rated overcurrent devices.
(5) Electrical wiring and equipment shall be grounded or otherwise protected by
insulation, isolation or guarding so as to minimize the danger of high voltages from
lightning or other causes.
(6) Electrical equipment which, in ordinary operation, produces arcs or sparks shall be
enclosed unless separated and isolated from all combustible material.
(7) Service equipment and overcurrent protection devices shall be installed and
maintained in a readily accessible location.
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B. Artificial lighting.
(1) Residential buildings and occupancies shall be wired for electricity, and lighting
equipment shall be installed throughout to provide adequate illumination for the
intended use of each space. The electric wiring system shall be connected to an
adequate source of supply.
(2) There shall be a switch or other means for controlling a light in each dwelling unit
near the point of entrance to such unit.
C. Exit and directional signs.
(1) Exits in multiple dwellings shall be provided with exit and directional signs visible
from the approach to the exits, except that such signs shall not be required in those
portions of a building which contain dwelling units only or in which exit from sleeping
rooms is directly to the outside.
(2) Directional signs shall be provided at locations from which the exit doorway is not
readily discernible.
(3) Such signs shall be worded in plainly legible block letters with the word "EXIT" for
exit signs and the words "TO EXIT," with a suitable pointer or arrow indicating the
direction of exit, for directional signs. Letters for signs shall be conspicuous, readily
discernible and at least six inches high, except that, for internally illuminated signs, the
height of such letters shall be at least 4 1/2 inches.
(4) Exit and directional signs shall be illuminated either externally or internally by electric
lights and shall be kept illuminated at all times when the building is occupied.
§ 210-29. Cooking and refrigeration.
A. General requirements.
(1) Each dwelling unit shall be provided with appropriate cooking and refrigeration
equipment.
(2) Cooking and refrigeration equipment shall be maintained in good operating
condition.
(3) Gas-burning cooking equipment shall be permanently fastened and connected in
place. The gas supply connection to such equipment shall be made with pipe or tubing
of solid metal.
(4) Solid fuel-burning cooking equipment shall be appropriately vented.
B. Communal cooking and dining facilities. Communal kitchens and dining rooms shall
comply with the following requirements:
(1) Communal kitchens shall contain at least one kitchen sink; at least one kitchen gas
or electric stove equipped with an oven and not fewer than four top burners; and at least
one electric or gas-type refrigerator with adequate food-storage capacity, but in no case
less than eight cubic feet nominal size. Dining space and eating facilities, where
provided in the kitchen area, shall comply with the requirements for communal dining
rooms.
(2) Communal dining rooms shall contain at least one dining chair and two linear feet of
dining space for each occupant permitted in a dining room at any particular time.
§ 210-30. Air conditioning and mechanical ventilation.
A. One- and two-family dwellings.
(1) Exhaust air from a dwelling unit shall not be circulated to another dwelling unit.
(2) Ducts shall be securely fastened in place and appropriately fire-stopped.
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B. Multiple dwellings.
(1) Refrigerants.
(a) Refrigerants that are highly flammable shall not be used in multiple dwellings.
(b) Direct systems using refrigerants that are flammable or toxic shall not be used for
air-conditioning purposes.
(2) Ventilating systems.
(a) Ventilating systems shall be installed and maintained so that the rapid spread of
heat, flame or smoke through the system will be prevented and so that, under
conditions of use, the temperature of any combustible material adjacent thereto or in
contact therewith will not exceed a safe temperature.
(b) Stairways, passageways, exits, shafts, hoistways or attics shall not be used as
plenum chambers.
(c) Ducts shall be securely fastened in place and appropriately fire-stopped.
(d) Ducts and other air-handling equipment shall be of noncombustible material.
(e) Filters shall be installed and maintained so as not to constitute a fire or smoke
hazard.
(f) Ducts passing through or located within combustible construction shall be separated
from such construction by a clearance of at least 1/2 inch or by a noncombustible
insulating material at least 1/4 inch thick.
(g) Air required for ventilation shall be taken from the exterior or shall be quality-
controlled.
(h) Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes
or vapors shall not be circulated to other occupied spaces within the building.
(3) Air intake and exhaust openings.
(a) Air intake and exhaust openings shall be installed, located and maintained so as not
to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke,
fumes or foreign matter being drawn into the system.
(b) Ventilating systems shall be provided with adequate openings for incoming and
outgoing air to obtain the required circulation. Intake openings shall provide air from an
uncontaminated source.
(c) Where openings for mechanical exhaust are located in spaces that also contain fuel-
burning equipment, there shall be provided fixed intake openings from the exterior to
supply sufficient air so that the fuel-burning equipment is not adversely affected.
(d) Exhaust openings shall be located so that the exhaust air will not create a nuisance.
(4) Ventilation requirements.
(a) Enclosures or spaces where heat, gases, vapors or odors may accumulate and
become a potential source of hazard or nuisance shall be provided with adequate
means of ventilation to remove such excess.
(b) Public spaces shall be provided with means for obtaining air supply for the maximum
number of persons for which such spaces are designed.
(5) Safety controls.
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(a) Manually operated controls shall be provided to stop the operation of all central fan
equipment. Such controls shall be conspicuously identified and in readily accessible
locations outside the fan room.
(b) Every system using recirculated air and serving an assembly space or more than
one fire area or more than one story of a building shall be provided with controls
arranged so that, under abnormal rise in temperature of the air in the system, the fans
causing normal circulation shall stop and require manual restart.
(c) Every system for ventilating an assembly space shall be provided with an
emergency switch conveniently located and with a durable sign giving instructions for
shutting down the system in case of fire.
§ 210-31. Fuel oil.
A. General requirements. Fuel oil shall be received, stored and conveyed by means of
fixed, liquidtight equipment.
B. Storage tanks.
(1) Tanks shall be provided with means for venting.
(2) Tanks shall be installed and maintained so as not to be a hazard to the premises
served or the surrounding property.
C. Piping.
(1) Automatically operated boilers and furnaces using fuel oil shall be provided with
remote control to stop the flow of oil during fire or other emergency.
(2) Filling, emptying and venting of tanks shall be by means of fixed piping. Pipes to
underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall
be located outside buildings at a safe distance from building openings.
§ 210-32. Fire-protection systems and devices.
A. Fire alarm systems. Required fire alarm systems shall be maintained in proper
operating condition at all times in conformance with the New York State Uniform Fire
Prevention and Building Code. [Amended 8-5-1992 by L.L. No. 3-1992]
B. Sprinkler equipment.
(1) Required sprinkler equipment shall be maintained in proper operating condition at
all times in conformance with the New York State Uniform Fire
Prevention and Building Code. Storage of materials shall cause minimum interference
to the effective discharge of water. [Amended 8-5-1992 by L.L. No. 3-1992]
(2) Valves controlling water supply to sprinklers shall be secure in the open position.
(3) Sprinkler heads shall be maintained free of corrosion and paint.
C. Standpipe systems.
(1) Standpipe systems shall be maintained in proper operating condition at all times.
(2) Gate valves at hose stations shall be maintained tight against leaks.
(3) Hose shall be in proper position ready for operation, dry and free of deterioration.
D. Portable extinguishers.
(1) Each oil burner for a boiler, furnace or central hot-water heater shall be provided
with an approved hand fire extinguisher or two rounded-bottom pails filled with sand.
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(2) Portable extinguishers required for fire protection shall be in their designated
locations and in a condition which will permit efficient operation without delay.
E. Fire protection systems. [Added 8-5-1992 by L.L. No. 3-1992; amended 3-14-1993
by Ord. No. 93-30; 1-4-1995 by 95-1 Editor’s Note: This ordinance provided that it shall
become effective as follows: (a) This ordinance shall take effect immediately upon
publication of a notice as required by the City Charter. (b) New and converted
structures. All new or converted residential or mixed use structures shall comply with
the provisions of this section upon construction or conversion of the structure. For the
purpose of this section, conversion shall mean that alterations have been made to a
structure which is now covered by a column in the attached charts which was not
previously applicable to the structure. (c) Existing one and two family structures,
multiple dwellings and mixed use structures shall comply with the provisions of §210-
31E by August 15, 1999, provided that the requirements shall remain effective as of
January 1, 1995. [Amended 8-7-1996 by Ord. 96-13; 9-9-197 by Ord. No. 97-11; 7-1-
1998 by Ord. No. 98-13]
(1) Required smoke/heat detectors.
(a) Objective and intent. This section is intended to provide for a higher level of life
safety in residential buildings in the City. These buildings in which the early warning of
fire would provide for a reduction in the potential for loss of life in a fire and reduce the
amount of property loss by earlier notification of the Fire Department of fire events.
(b) Smoke/heat detectors mandatory in all structures used for residential purposes.
The owner of any structure used wholly or partially for residential purposes within the
City of Ithaca is required to install and maintain a smoke/heat detector or system in the
structure in accordance with the requirements set forth below.
(2) General equipment installation and maintenance requirements for smoke/heat
detectors and smoke/heat detection systems.
(a) Installation and maintenance. All heat, fire or smoke detection or alarm
equipment installed in the City of Ithaca must meet either the Underwriters Laboratory,
Factory Mutual or other testing laboratory specifications approved by the Building
Commissioner and must be installed and maintained in conformance with the
requirements of this section, the New York State Uniform Fire Prevention and Building
Code, the applicable generally accepted standards and the manufacturer’s instructions
and specifications. Records of systems in multiple dwellings shall be kept as required
by the New York State Uniform Fire Prevention and Building Code.
(b) Operational maintenance required. The property owner shall ensure that all
systems, devices and equipment to detect a fire, actuate an alarm or suppress or
control a fire, or any combination thereof, are maintained in operating condition at all
times.
(3) Required installation types.
(a) Charts of installation type. Editor’s Note: The charts are included at the end of
this chapter. The charts appearing below, entitled respectively, “One-Family Dwelling
Smoke/Heat Detector Minimum Requirements, “Two-Family Dwelling Smoke/Heat
Detector Minimum Requirements” and “Multiple Dwelling Smoke/Heat Detector
Minimum Requirements” are incorporated into this Municipal Code for the purpose of
describing the type and degree of smoke/heat detectors and systems that are required
to be installed by the section. The type of smoke/heat detector or system required
varies with the intensity of the building’s use, whether the owner occupies the building
and the building’s height in stories. Owners of buildings of the use and height as
described in each of the top rows of the chart or charts shall install and maintain the
type of smoke/heat detector(s) or system described in each column immediately below
the described use and height of the building. Wherever in this chapter the owner is
required to install a smoke/heat detector, a smoke detector shall be installed unless the
Building Commissioner has granted written permission to substitute a heat detector for
a required smoke detector. For the purposes of applying the chart(s) the number of
dwelling units shall be the number of dwelling units in a building, except that if an owner
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or person responsible for a building can present evidence that their building is divided
into separate fire area(s) as defined by the New York State Uniform Fire Prevention and
Building Code, then the number of unit(s) within each fire area shall be applied to the
chart(s) to determine the appropriate column(s). Notwithstanding the above, the
installation of additional smoke/heat detectors or systems required by this section shall
not apply to buildings which were constructed or converted as defined by the New York
State Uniform Fire Prevention and Building Code between January 1, 1984,and
December 31, 1993, and which, between January 1, 1984, and December 31, 1993,
received a certificate of occupancy certifying that the building met all applicable building
and fire codes in effect at the time the certificate of occupancy was issued; provided,
however, that if the Building Commissioner shall later determine that, for whatever
reason, the building does not meet such codes and requirements, the Building
Commissioner shall have the authority to require that the building be brought into
compliance with such codes and requirements. This exemption does not relieve an
owner from the requirements for maintenance and testing as required herein.
(b) Independent smoke/heat detectors.
[1] Self contained (battery operated), independent smoke/heat detectors. Where self-
contained (battery powered) independent smoke/heat detectors are required by the
chart, they shall be located to provide smoke detection coverage within each residential
unit, so that at least one detector is installed on each floor level where there is habitable
space or mechanical equipment other than electrical wiring and lighting, gas piping or
plumbing without any connected energy utilization equipment or over current devices.
Each such detector shall provide an alarm, where installed, and a detector shall be
located within 10 feet of the entrance to every bedroom or other room used for sleeping
purposes. Where detectors cannot be located as required above because of nuisance
alarms, an exception to this location requirement may be approved, in writing, by the
Building Commissioner. In determining whether to grant such an exception, the
Building Commissioner shall consider alternate arrangements that will provide adequate
audibility and safety.
(c) Interconnected, independent smoke/heat detectors operating on household current.
Where required by the chart, a system of interconnected independent smoke/heat
detectors shall be installed to provide smoke detection coverage in the common areas
of the dwelling unit or lodging unit at each level that contains habitable space, as well as
in basements, cellars and attics which contain mechanical equipment other than
electrical wiring and lighting, gas piping or plumbing without any connected energy
utilization equipment or overcurrent devices. Such interconnected detectors shall also
include an interconnection to all detectors required by Subsection E(3)(b)[2] of this
section within the individual dwelling unit or lodging unit. Detectors shall contain an
audible alarm or be connected to an audible alarm. These audible alarms must be
capable of being heard within all habitable spaces in the building with the doors closed.
When, in the opinion of the Building Commissioner, smoke detectors are located or area
to be located in areas where conditions exist that have the potential to cause or have
been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced
with heat detectors located in the required detector locations. If the Building
Commissioner determines that the detectors will not be heard in all habitable spaces, an
interconnection shall be made from a smoke/heat detector to a device or detector
producing an audible sound which is located within the dwelling or lodging unit that will
provide adequate audibility. Audibility will be determined as provided in generally
accepted standards. Interconnected, independent smoke/heat detectors are not
required in any dwelling unit or lodging unit which has an approved complete coverage,
fire suppression sprinkler system that also sounds an alarm to warn building occupants
of its activation; provided, however, that independent smoke/heat detectors operating
on household current or self-contained (battery powered) independent smoke/heat
detectors as described by Subsection E(3)(b)[1] or E(3)(b)[2] of this section or by other
applicable laws, codes or ordinances shall be installed in such dwelling unit or lodging
unit.
(d) Interconnected, supervised smoke/heat detectors. Where required by the chart,
interconnected, supervised smoke/heat detectors shall be installed to provide
smoke/heat detection coverage within all rooms and spaces in each nonresidential unit,
as well as in basements, utility, heating and storage rooms, and other similar spaces,
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except those spaces which have been designated by The Building Department as not
requiring protection, and shall provide smoke/heat detection coverage in the common
areas of the building at each level that contains habitable space as well as in
basements, cellars and attics which contain mechanical equipment other than electrical
wiring and lighting, gas piping or plumbing without any connected energy utilization
equipment or overcurrent device. All detectors shall contain an audible alarm or be
connected to an audible alarm. These audible alarms must be capable of being heard
within all rooms in the building with the doors closed. Detectors of this type shall also
be provided with a manual means of activating the alarm devices. A manual activation
means must be located at all primary exits at grade from the structure and at such
locations as the Building Commissioner determines are appropriate to ensure the safety
of the occupants of the building. When, in the opinion of the Building Commissioner,
smoke detectors are located or are to be located in areas where conditions exist that
have the potential to cause or have been demonstrated to cause nuisance alarms, the
smoke detectors shall be replaced with heat detectors located in the required detector
locations. If the Building Commissioner determines that the detectors will not be heard
in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a
device or detector producing an audible sound which shall be located to provide
adequate audibility within all rooms. Audibility will be determined as provided in
generally accepted standards. The system shall sound an audible signal which
indicates a malfunction of the system. The audible trouble indication system may be
supplemented with a visible signal that gives a continuing indication of the malfunction
after the audible signal is silenced. This system shall also provide standby power to
continue operation of the system on battery power when the building’s electrical system
is temporarily de-energized, as required by generally accepted standards.
Interconnected, supervised smoke/heat detectors are not required in any building which
has an approved complete coverage, fire suppression sprinkler system that also sounds
an alarm to warn building occupants of its activation; provided, however, that
independent smoke/heat detectors operating on household current or self-contained
(battery powered) independent smoke/heat detectors as described by Subsection
E(3)(b)[1] or E(3)(b)[2] of this section or by other applicable laws, codes or ordinances
shall be installed in such a building.
(e) Interconnected, supervised smoke/heat detectors with automatic Fire Department
notification. Where required by the chart, interconnected, supervised smoke/heat
detectors shall be installed to provide smoke/heat detection coverage within all rooms
and spaces in each nonresidential unit, as well as in basements, utility, heating and
storage rooms and other similar spaces except those spaces which have been
designed by the Building Department as not requiring protection and shall provide
smoke/heat detection coverage in the common areas of the building at each level that
contains habitable space, as well as in basements, cellars, and attics which contain
mechanical equipment other than electrical wiring and lighting, gas piping or plumbing
without any connected energy utilization equipment or overcurrent devices. One
detector shall also be located within each dwelling or lodging unit within 10 feet of any
grade level entrance door or any entrance door to a common means of exit. All
detectors shall contain an audible alarm or be connected to an audible alarm. These
audible alarms must be capable of being heard within all habitable spaces and common
areas with the doors closed. When, in the opinion of the Building Commissioner, smoke
detector are located or are to be located in areas that have the potential to cause or
have been demonstrated to cause nuisance alarms, the smoke detectors shall be
replaced with heat detectors located in the required detector locations. All detection
systems required by this section shall be provided with approved zone reporting
capacity to ensure rapid and efficient location of the source of the alarm by the Fire
Department. The Fire Department shall approve the system’s zone reporting
assignments before any system is installed. This type of detection equipment shall also
include a manual means of acting the alarm devices. A manual activation means shall
be located at al primary exits at grade from the structure and at such locations as the
Building Commissioner determines are appropriate to ensure the safety of the
occupants of the building and shall also be wired in such a way to provide automatic
notification to the Fire Department when activated. If the Building Commissioner
determines that detectors will not be heard in all sleeping rooms, an interconnection
shall be made from a smoke/heat detector to a device or detector producing an audible
sound which shall be located to provide adequate audibility within all rooms. Audibility
will be determined as provided in generally accepted standards. The system shall
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sound an audible signal which indicates a malfunction of the system. The audible
trouble indication system may be supplemented with a visible signal that gives a
continuing indication of the malfunction after the audible signal is silenced. This system
shall provide standby power to continue operation of the system on battery power when
the building’s electrical system is temporarily de-energized, as required by generally
accepted standards. Interconnected, supervised smoke/heat detectors are not required
in any building which has an approved complete coverage, fire suppression sprinkler
system that also sounds an alarm to warn building occupants of its activation; provided,
however, that independent smoke/heat detectors operating on household current or self
contained (battery powered) independent smoke/heat detectors as described by
Subsection E(3)(b)[1] or E(3)(b)[2] of this section or by other applicable laws, codes or
ordinances shall be installed.
(f) Additional nonrequired detector coverage. Nothing in this section shall prevent an
owner from installing a greater degree of smoke/heat detection than required by this
chapter, so long as the additional equipment is installed and maintained as required by
the manufacturer’s specification and generally accepted standards. Specifically
permitted in lieu of the lesser requirements are the following:
[1] The substitution of independent smoke/heat detectors operating on household
current or interconnected, independent smoke/heat detectors operating on household
current for self contained (battery powered) independent smoke/heat detectors.
[2] The substitution of interconnected, supervised smoke/heat detectors or
interconnected, supervised smoke/heat detectors with automatic Fire Department
notification for independent smoke/heat detectors operating on household current or
self-contained (battery powered) independent smoke/heat devices, as long as the
system of detectors is designed to minimize nuisance alarms.
(g) Existing smoke/heat detectors. Smoke/heat detection systems installed in multiple
dwellings prior to the enactment of this section shall be maintained, replaced or
upgraded as required to provide the smoke/heat detection coverage previously required
for multiple residences and to provide the smoke/heat detection required by this section
and any other applicable section of law. Freon based systems do not meet the
requirements of this section and shall be replaced with systems which meet the
requirements of this section and other applicable sections of law.
(4) Smoke/heat detector requirements.
(a) Smoke detector types. Smoke detectors required under this section shall be of
a type approved by the Building Commissioner as capable of sensing visible or invisible
particles of combustion and providing a suitable audible alarm in response to sensed
particles.
(b) Heat detector types. Heat detectors required under this chapter shall be of a
type approved by the Building Commissioner as capable of sensing an abnormal rise in
temperature and providing suitable audible alarm in response to the sensed rise in
temperature.
(c) Detector location. Every detector required to be installed and maintained by this
chapter must be installed, maintained, and located in accordance with generally
accepted standards and manufacturer’s installation instructions, or in a manner
otherwise approved by the Building Commissioner. Every such detector shall also be
located in such a manner that the detector will be reasonably free from false alarms and
provide visible indication that the alarm is energized, except that a battery operated
smoke detector need not provide a visible indication that the detector is energized, as
long as the detector visible of audibly indicates the loss of battery power.
(d) Detector power source. Each detector required by this section to be installed in
existing one and two story one family dwellings and existing three story owner occupied
one family dwellings may be powered either by battery or by household current derived
from a lighting circuit. In order to prevent disablement of the detector or system, in all
other dwellings, independent detectors or interconnected detectors shall be powered by
household current derived from a lighting circuit and must be installed without an
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70
intervening wall switch and may not be connected to a separate breaker or fuse of the
electrical system. Cord connected installations are not permitted. Detectors and
related smoke/heat warning equipment shall be installed and wired in accordance with
the manufacturer’s instructions and applicable generally accepted standards.
(5) Inspection/certification requirements for smoke detection system.
a) Certification of supervised smoke/heat detectors. Once each calendar year, the
owner or person responsible for a structure protected by supervised smoke/heat
detectors and/or systems shall provide the Building Department with a certificate of
approval, prepared by a licensed electrician or an individual approved by either the
Building Commissioner or the Examining Board of Electricians, on a form supplied by
the Building Department, certifying that the system is in working order and maintaining
the intended level of firesafety.
(b) Certification of nonsupervised interconnected smoke/heat detectors. Once each
calendar year, the owner or person responsible for a structure protected by required
nonsupervised interconnected smoke/heat detectors and/or systems, excluding one-
and two-family dwellings, shall provide the Building Department with a certificate of
approval, on a form supplied by the Building Department, certifying that the system has
been tested by a licensed electrician, an individual approved by either the Building
Commissioner or the Examining Board of Electricians, or the owner or person
responsible for the structure, and that the system is in working order and maintaining
the intended level of firesafety; provided, however, that for good cause the Building
Commissioner may, with respect to a particular structure or an individual, require that
the system be certified by a licensed electrician or an individual approved by the
Building Commissioner or the Examining Board of Electricians
c) Inspection of one- and two-family dwellings. The owner or person responsible for any
non-owner-occupied one- and two-family structure which is not covered under
Subsection E(5)(a) or (b) above [(a), Certification of supervised smoke/heat detectors;
(d), Certification of nonsupervised interconnected smoke/heat detectors] shall inspect
the smoke/heat detectors installed in the dwellings at least once each calendar year to
verify that said detectors are in working order and are maintaining the intended level of
firesafety.
(e) Certification after repair.
[1] Any repair, alteration or modification to a supervised or nonsupervised system shall
necessitate a re-certification as provided above [Subsections E(5)(a) or (b)] of all
circuits affected by such repair, alteration or modification (of said system) upon the
completion of the repair, alteration or modification.
[2] The replacement of batteries in self-contained independent (battery-powered)
smoke/heat detectors or the replacement of self-contained independent (battery-
powered) smoke/heat detectors shall not constitute a repair.
(e) Additional requirements. The certification requirements of this section are in addition
to the installation and maintenance requirements of Subsection E(2)(a) of this section
and the requirements of § 146-7 of the Municipal Code. Certification performed
pursuant to this section does not relieve the owner or person responsible from the
obligations to properly install and maintain the equipment.
(6) Word usage. For the purposes of this section, words in the present tense shall also
imply the future tense; the singular includes the plural, and the plural includes the
singular.
§ 210-33. Elevators, dumbwaiters and escalators in multiple dwellings.
A. Elevators, dumbwaiters and escalators shall be maintained so as to be free from
physical and fire hazards.
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B. Elevator and power-operated dumbwaiter cars shall be provided with durable signs in
conspicuous locations on which the rated capacity shall be indicated.
C. Elevator cars shall be provided with approved means for transmitting a signal outside
the hoistway in case of emergency.
D. Hoistways and pits shall be maintained free of refuse.
E. Machine rooms shall be maintained free of oil and grease and shall not be used for
storage of articles or materials unnecessary for the maintenance of the elevator or
dumbwaiter. Flammable liquids shall not be kept in such rooms.
F. No person shall at any time make any required safety device or electrical protective
device inoperative, except where necessary during tests, inspections or maintenance.
ARTICLE VI Property Maintenance Requirements
§ 210-34. Conformance required.
Residential premises shall be maintained in conformity with the provisions of this
chapter so as to assure the desirable residential character of the property.
§ 210-35. Open areas.
A. Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent development of stagnant ponds. Gutters, culverts, catch
basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers
or other satisfactory drainage systems shall be utilized where deemed necessary.
B. Fences and other minor constructions shall be maintained in safe and substantial
condition.
C. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
D. Yards and courts shall be kept clean and free of physical hazards.
E. Yards and courts shall be kept clean and free of the accumulation of rubbish or other
materials which can attract vermin or insects.
F. Heavy undergrowths and accumulations of plant growth which are noxious or
detrimental to health shall be eliminated.
§ 210-36. Buildings and structures.
A. Exterior surfaces of buildings and structures that are not inherently resistant to
deterioration shall be periodically treated with a protective coating of paint or other
suitable preservative.
B. Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be
maintained in a clean and sanitary condition.
C. Accessory structures shall be maintained so as to be free of conditions detrimental to
safety or health.
D. No paint shall be used which contains more than 1% of metallic lead, based on the
total nonvolatile content of the paint, on the interior of any apartment or room in any
dwelling to which this Code applies or in any location accessible to children on the
interior or exterior of any said dwelling. If existing lead paint constitutes a health hazard,
it shall be removed or covered in such a manner so as to remove the health hazard in
its entirety.
§ 210-37. Infestation and screening.
A. Grounds, buildings and structures shall be maintained free of insect, vermin and
rodent harborage and infestation. Methods used for exterminating insects, vermin and
rodents shall conform to generally accepted practice.
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72
B. Where the potential for rodent or vermin infestation exists, windows and other
openings in basements and cellars shall be appropriately rodentproofed with wire mesh
or other suitable materials.
C. From May 1 to October 1, entrances to residential buildings shall be provided with
self-closing-type devices or screens. At least one window or other opening used for
ventilation in each habitable room shall be appropriately screened.
D. At all times, each door leading to the outside shall be weatherstripped or otherwise
sealed or treated to serve as protection against the elements and against infestation of
insects, rodents and vermin.
§ 210-38. Garbage and refuse. Editor's Note: See Ch. 196, Garbage, Rubbish and
Refuse.
A. Grounds and exterior property area shall be kept free from organic and inorganic
material that might become a health, accident or fire hazard.
B. Adequate sanitary facilities and methods shall be used for the collection, storage,
handling and disposal of garbage and refuse.
C. In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse
in public halls and stairways.
§ 210-39. Domestic animals and pets. Editor's Note: See Ch. 164, Dogs and Other
Animals.
Domestic animals and pets shall be kept in an appropriate manner and shall not be
permitted to run at large.
§ 210-40. Locks. [Amended 10-3-1979 by Ord. No. 79-10]
A. Doors.
(1) On all rental dwelling units, the owner of the property shall provide no fewer than
one locking device on each door that serves as an entrance or exit for the rental unit.
Such locking device shall be kept in good working order at all times and must be of the
dead-bolt type meeting federal standards or of equal security capability.
(2) All entry and exit doors, door casings and hardware must be of sound construction
and properly attached.
(3) All outer doors that are not used for exit or entry to the dwelling unit must conform to
the standards listed in this section or be removed and the opening closed to conform to
the existing wall.
B. Windows. On all rental dwelling units, there shall be a sturdy locking device in proper
working order on each window that is capable of being opened. All windows, locks,
frames and hardware must be of sound construction and in proper working order.
§ 210-41. Energy efficiency. [Added 3-5-1986 by Ord. No. 86-1]
A. Purpose. It is the purpose of this section to encourage energy efficiency and
conservation in the City of Ithaca. The City finds that this section will:
(1) Encourage the conservation of a finite public resource.
(2) Encourage the quality of life for all residents by generating more-affordable housing,
more-comfortable dwellings and a cleaner environment.
(3) Encourage landlords to make energy improvements for utility-paying tenants.
(4) Reduce the flow of energy dollars out of the local economy.
B. Compliance. No certificate of occupancy shall be issued for any dwelling unit after
January 1, 1987, unless there is full compliance with this section.
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73
C. Requirements.
(1) All dwelling units shall have one of the following:
(a) Attic or roof insulation with a minimum R value of R-19.
(b) Permanently or seasonally mounted storm windows, as a second covering, on all
exterior primary windows of habitable spaces from November 1 to April 1 of each
heating season. Windows with two or more layers of glazing are acceptable. Other
acceptable alternatives are interior treatments, including polyethylene or acrylic
systems. The use of Lexantm for storm windows is unacceptable.
(c) Heating system(s) with a verified minimum annualized fuel use efficiency (AFUE) of
65% or combustion efficiency of 75%, as verified within the preceding two years. This
alternative does not apply to any dwelling unit whose primary heating system is
electrical; such units shall meet either requirement in Subsection C(1)(a) or (b) above.
(2) Actions to meet the foregoing requirements must be consistent with the New York
State Uniform Fire Prevention and Building Code.
D. Verification.
(1) Evidence of storm windows can be verified by visible inspection by a City building or
housing inspector or an owner's affidavit of compliance with this section. Other items
can be verified by:
(a) A New York State Electric and Gas Corporation (NYSEG) or comparable audit report
on the building or apartment; or
(b) Receipts for completed tests, work or materials.
(2) In the absence of the foregoing verifications provided to the City Building
Department, dwelling units will be assumed to be not in compliance.
E. Penalties. Notwithstanding any other law to the contrary, failure to comply with this
section shall be punishable only by the nonissuance of a certificate of occupancy for the
dwelling unit. This provision shall not remove or diminish any requirement for obtaining
a certificate of occupancy or any penalty which can be imposed for failing to obtain a
certificate of occupancy.
F. Appeals. Appeals for exemptions from these requirements may be made in writing to
the Housing Board of Review. Exemptions may be granted under the following
demonstrated conditions:
(1) Financial hardship.
(2) The measures are not cost effective.
(3) The measures create unsafe conditions.
§210-41 Reserved.
ARTICLE VII Residential Rental Units [Amended 6-1-1977 by Ord. No. 77-4]
§ 210-42. Inspections. [Amended 8-5-1992 by L.L. No. 3-1992; 6-4-2003 by Ord. No.
2003-12]
A. At least once every five years, all buildings containing rental dwelling units that are
either a single-family unit or are two-family units duplex shall be inspected by the
Building Department for compliance with New York State Uniform Fire Prevention and
Building Code, City of Ithaca Municipal Code Chapter 210 Housing Standards and all
applicable housing standards. At least once every three years, all buildings containing
three or more rental dwelling units or rental dwelling units with five or more unrelated
occupants shall be inspected by the Building Department for compliance with New York
State Uniform Fire Prevention and Building Code, New York State Multiple Residence
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Law, City of Ithaca Municipal Code Chapter 210 Housing Standards and all applicable
housing standards. At least once a year, all student housing, all dormitories, fraternities
and sororities shall be inspected by the Building Department for compliance with New
York State Uniform Fire Prevention and Building Code, New York State Multiple
Residence Law, City of Ithaca Municipal Code Chapter 210 Housing Standards and all
applicable housing standards. Buildings that contain both commercial and residential
spaces are required to be inspected by the Building Department at the intervals required
for the type of residential space and by the Fire Department at the intervals required for
the commercial space. [Amended 1-10-2007 by Ord. No. 2007-1]
B. In addition to the inspections required by subdivision (A) of this section, a fire safety
and property maintenance inspection of any residential rental unit may also be
performed by the Code Enforcement Personnel at any time upon:
(1) request of the owner of the property to be inspected or an authorized agent of
such owner;
(2) receipt by the Code Enforcement Personnel of a written statement alleging that
conditions or activities failing to comply with the Uniform Code, Energy Code or other
applicable code exist; or
(3) receipt by the Code Enforcement Personnel of any other information, reasonably
believed by the Code Enforcement Personnel to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with the Uniform Code,
Energy Code or other applicable code exist; provided, however, that nothing in this
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.
BC. It shall be the responsibility of the owner of a rental property to schedule
inspections and to obtain a certificate of compliance Certificate of Compliance from the
Building Department.
§ 210-43. certificate of compliance Certificate of Compliance. [Amended 12-6-1989 by
Ord. No. 89-17; 9-5-1990 by Ord. No. 90-11; 9-6-1995 by Ord. No. 95-9; 2-4-1998 by
Ord. No. 98-6; 1-29-2003 by Ord. No. 2003-2; 6-4-2003 by Ord. No. 2003-12]
A. All single-family or two-family rental dwellings units except dwellings occupied by 10
or more unrelated persons, shall be required to hold a valid certificate of compliance
Certificate of Compliance. Such certificate shall be valid for a period of not more than
five years. Before the expiration of the certificate Certificate of Compliance, it shall be
the responsibility of the owner of the rental property to schedule a housing inspection
with the Building Department in order to obtain a new certificate of compliance
Certificate of Compliance. All Rrental units dwellings with three or more units or rental
dwelling units with 10 5 or more unrelated persons shall also be required to hold a valid
certificate Certificate of Compliance. This certificate of compliance Certificate of
Compliance shall be valid for a period of not more than two three years. Prior to the
expiration of the certificate Certificate of Compliance, it shall be the responsibility of the
owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new certificate Certificate of Compliance. All
dormitories, fraternities and sororities shall be required to hold a valid Certificate of
Compliance. Such certificate shall be valid for a period of not more than one year.
Before the expiration of the Certificate of Compliance, it shall be the responsibility of the
owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new Certificate of Compliance. [Amended 4-7-2004 by
Ord. No. 2004-5]
B. Notwithstanding any other provisions in this chapter, on or after January 1, 2007, no
certificate of compliance shall be issued for a multiple dwelling, with three or more units,
or for a dwelling with five or more unrelated occupants, which has a duration of more
than three years. A Certificate of Compliance shall be issued upon verification by
inspection that no violations of the Building Code, Energy Code, City of Ithaca Municipal
Code, City of Ithaca Zoning Ordinance, New York State Multiple Residence Law and
any other applicable codes and ordinances exist. [Added 1-10-2007 by Ord. No. 2007-1
Editor's Note: This ordinance also redesignated former Subsections B through H as
Subsections C through I, respectively.]
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75
C. No certificate of compliance Certificate of Compliance shall be issued to: [Amended
4-7-2004 by Ord. No. 2004-5; 1-10-2007 by Ord. No. 2007-1]
(1) Any rental unit that is in violation of any applicable City or sState cCode.
(2) Any rental unit located on a property for which there is an outstanding warrant for a
violation of any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Building
Commissioner.
D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a
violation of the Housing Code, and such dwelling unit may be ordered by the Building
Commissioner to be vacated until the property is brought into compliance with this
chapter.
E. Verified over-occupancy will result in the immediate revocation of the Certificate of
Compliance.
F. All owners holding former three-year certificates of compliance, except those owning
a dwelling occupied by more than 10 unrelated persons, may renew their certificate on a
yearly basis for a maximum of two years without reinspection if the owner and the
property meet the following criteria:
(1) An application is filed with the Building Department that the owner wishes to extend
the certificate of compliance for one year. The application will not be considered
complete until the owner can show that the property has had all required annual
inspections of the building systems, and has a current owner authorization form and a
current lease agreement for off-street parking if required.
(2) An application for the extension of a certificate of compliance must be accompanied
by all appropriate independent annual inspection reports (sprinklers/smoke
detection/HVAC/chimneys/fire extinguishers/elevators, etc.). Building Department forms
verifying that the independent inspector used applicable testing standards must be
signed by such independent inspector where a property has a required smoke detection
system, a sprinkler system, fire extinguishers or (an) elevator(s) and must accompany
the inspection reports.
(3) That during the time that the certificate was first valid, the Building Department has
not verified any life safety complaint nor has verified more than two heat complaints in
any one heating season, nor has verified more than three quality-of-life complaints
(exterior maintenance, parking in front yards, violations of the sign ordinance);
furthermore, that there has been no emergency response by IFD to the premises; no
verified illegal use of the building's cellar, basement, attics or floors; nor verification by
the Building Department that the property is not in compliance with the Housing
Ordinance.
(4) That the application to extend a certificate of compliance for an additional year be
completed before the certificate of compliance expires. If the application is found
incomplete and the certificate expires, the property owner will automatically lose the
ability to extend the certificate of compliance and will be subject to reinspection.
G.F. The fee for a certificate of compliance Certificate of Compliance shall be based on
the following: [Amended 1-5-2005 by Ord. No. 2005-01; 8-3-2005 by Ord. No. 2005-15]
(1) Forty dollars plus $40 per hour for the time spent by the Inspector at the premises
doing the initial inspection to determine whether the premises are in compliance with
the Housing Code; plus
(2) If, at the time the initial inspection is done, the premises is not in compliance with
the Housing Code, $40 per hour for all time spent by the Inspector regarding the
premises after such initial inspection, including but not limited to the time spent in
correspondence, review of the appropriate files, transportation and further inspections.
H.G. Upon the issuance of a certificate of compliance Certificate of Compliance or
when the accumulated fee pursuant to subsection F is $300 or more, the property
owner shall be billed for services rendered at the rates established pursuant to
Subsection GF(1) and (2). This fee shall be paid to the City Chamberlain within 30 days
of the billing date. If the required fee is not paid within 30 days of the billing date, the
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76
City Chamberlain shall enter the same as a lien against the premises as provided in §C-
54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next
assessment roll of general City taxes and shall collect and enforce the assessment in
the same manner and by the same proceedings, at the same time and with the same
penalties as the general City tax and as a part thereof, except that, in addition to the
penalties provided for in the aforementioned provisions, interest shall accrue from the
date of billing to the date of actual payment at 12% per annum or $3 per month,
whichever is greater.
H. The owner of a property that has had an initial inspection but where violations
remain so that a Certificate of Compliance cannot be issued within the intervals
specified in subsection 210-43A shall be billed for the filing fee and all associated costs
listed in subsection F(1) and F(2) and a new filing fee shall be assessed.
I. When a property is sold without a current Certificate of Compliance, any unpaid fees
for services pursuant to subsection F(1) and F(2) at the time of the sale shall be due
and shall be billed pursuant to subsection G. Such fees shall be the responsibility of the
new owner.
I.J. The exclusive administrative remedy for a property owner wishing to appeal the
amount of the bill which has been established pursuant to Subsection G(1) and (2) is to
file a notice of appeal with the Building Commissioner within seven days of the mailing
date to the property owner of the bill for the inspection services. When a notice of
appeal is filed, the Building Commissioner, using the regulations of the Housing Board
of Review, shall schedule the matter at the next possible regular meeting of the Housing
Board of Review. The property owner then has the responsibility to perfect the appeal to
the Housing Board of Review, by submitting three copies of the appeal and detailing the
reasons why the property owner believes the fee is not justified. The property owner
bears the burden of establishing that the accounting submitted by the Inspector of the
time spent for initial inspection, correspondence, review of the appropriate files,
transportation, further inspections or other time spent is inaccurate. The Housing Board
of Review shall have the authority to approve or reject such appeal in whole or in part.
§ 210-75. Powers and duties of Building Commissioner.
A. The Building Commissioner shall be charged with the duty of administering the
applicable housing standards and securing compliance therewith and shall be
empowered to adopt rules and regulations necessary for securing such compliance,
provided that such rules and regulations shall not be in conflict with the applicable
housing standards.
B. The Building Commissioner, his/her assistants and inspectors shall be authorized to
conduct surveys of housing in any area of the municipality to determine the condition of
the premises, extent of deterioration, the lack of facilities, inadequate maintenance,
unsafe and insanitary unsanitary conditions, the extent of overcrowding, land use and
other relevant factors.
C. It shall be the duty of the Building Commissioner:
(1) To cause periodic rental housing inspections to be made at least once every five
years of all rental dwelling units that are either a single-family unit or a two-family unit,
at least once every three years of all rental dwellings with three or more units or rental
dwelling units with five or more unrelated occupants and at least once a year of all
student housing, dormitories, fraternities and sororities, not less than every five years,
except for dwelling units with more than ten unrelated occupants which shall be
inspected not less than every two years, for compliance with New York State Uniform
Fire Prevention and Building Code, New York State Multiple Residence Law, City of
Ithaca Municipal Code and all applicable housing standards. Inspections may be made
more often or of any dwelling unit at the discretion of the Building Commissioner.
[Amended 6-4-2003 by Ord. No. 2003-12]
(2) To cause an investigation of all complaints of alleged housing violations or other
unsafe or insanitary unsanitary conditions.
(3) To order, in writing, the remedying of all conditions found to exist in or on any
premises in violation of provisions of the housing standards or of rules and regulations
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77
adopted by the agency, to state in the violation order a reasonable time limit for
compliance therewith and, where necessary, to order the vacation of premises found
unfit for human habitation.
(4) To request the chief legal officer of the municipality to take appropriate legal action
in the name of the agency upon failure of the responsible party to comply with such
violation order within the time specified therein.
(5) To cause a search of the municipality's records of housing violations existing on
any premises and to issue a certified statement thereof upon receipt of written request
and payment of any fees required by local law or ordinance.
(6) To study housing conditions in the municipality.
(7) To cooperate with other municipal, governmental and private agencies engaged in
the study and improvement of housing conditions.
(8) To publish an annual report of housing conditions in the municipality,
accomplishments of the agency and recommendations for the future. This shall be
presented to the Common Council no later than the first day of April each year.
D. Where violations of the housing standards exist and pose an immediate hazard or
danger to the health, safety or welfare of building occupants or of the public, the
Building Commissioner may, without prior notice or hearing, issue an order citing the
violation and directing such action by such municipal officer, department or board as is
necessary to remove or abate the immediate hazard or danger. Notwithstanding any
other provision of this code, such order shall be effective immediately upon service and
shall be complied with immediately or as otherwise provided.
§ 210-76. Inspection.
A. Inspectors shall be authorized and shall have the right, in the performance of their
duties, to enter any premises during normal business hours and in emergencies
whenever necessary to protect the public interest.
B. Owners, agents, operators and occupants shall be responsible for providing access
to all parts of the premises within their control to authorized agency personnel acting in
the performance of their duties. In the event of refusal or failure to provide such access
as herein provided, a warrant may be issued by the City Judge and/or an appearance
ticket may be issued by the office of the Building Commissioner.
§ 210-77. Records.
The Building Commissioner shall keep records of all complaints received, inspections
made and violations found regarding premises regulated by the housing standards.
Records shall be kept in a manner and form as prescribed by local law, ordinance or
regulation or direction of the Housing Board of Review and shall be available for public
inspection.
§ 210-78. Housing Board of Review.
A. The Housing Board of Review shall consist of five persons, each to serve a term of
three years. The members of the Board that is in existence at the time of the passage of
this chapter shall continue to the end of their previously appointed terms. The Mayor
shall appoint persons to fill vacancies that occur at the termination of such terms or due
to resignation, in which case the appointment will be made to fill out the term from which
the member resigned.
B. The Secretary of the Board shall be the Building Commissioner. The Board of
Review shall adopt from time to time such rules and regulations as it may deem
necessary to carry into effect the provisions of this chapter, and all its orders and
resolutions shall be in accordance therewith. These rules and regulations shall be in
effect when filed with the City Clerk. The Board, at its first meeting of the year, shall
elect one of its own members as Chairperson. In the absence of the Chairperson at any
meeting, the Board shall choose an acting Chairperson for that meeting.
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C. The duties of the Housing Board of Review shall be to hear appeals for variances
from the orders of the Building Commissioner and to afford relief in such cases where,
in its opinion, strict enforcement of the order would create practical difficulties or
unnecessary hardship.
§ 210-79. Hearings.
The following rules shall govern hearings by the Housing Board of Review:
A. (1) Petition. Any person cited with a violation of this chapter and ordered to correct
the violation may appeal such citation or apply for a variance from compliance with a
specific section of this chapter, affected by any order of the Building Commissioner shall
be granted a hearing before the Housing Board of Review, provided that such person
shall file with the Secretary of the Board a written petition requesting such a hearing by
the Housing Board of Review and setting forth a statement of the grounds therefor
within ten (10) business days after the service of such notice of violations order. Any
such person that properly files a petition shall be granted a hearing before the Housing
Board of Review
(2) Any person issued an order by the Building Commissioner to vacate a building due
to a violation of this chapter or due to imminent danger as stated in the Property
Maintenance Code of New York State shall be granted a hearing before the Housing
Board of Review, provided that such person shall file with the Secretary of the Board a
written petition requesting such hearing and setting forth a statement of the grounds
therefor within five (5) business days after the service of such order.
B. Time of hearing. The hearing before the Housing Board of Review shall be held not
later than 30 days after the date on which the petition was filed. Postponement of the
hearing shall be for good and sufficient reasons and shall be mutually agreed upon by
the Board and the petitioner.
C. Right of petitioner at hearing. At the hearing, the petitioner or his/her agent shall be
given an opportunity to be heard and to show cause why such notice of violations or
order should be modified or withdrawn.
D. Order of Board. After such hearing, the Board of Review shall sustain, modify or
withdraw the notice of violations or order, depending upon its findings. The Board may
also extend the time specified for compliance if the case warrants such extension.
E. Record. The proceedings at such hearings, including the findings and decision of the
Housing Board of Review, shall be summarized and entered as a public record at the
office of the City Clerk. Such record shall also include a true copy of every notice and
order issued in each case.
§ 210-80. Appeals.
A. Right to review. Any person aggrieved by any decision of the Housing Board of
Review may seek relief therefrom in any court of competent jurisdiction, as provided by
the laws of the state.
B. Time limit for instituting action. Such action shall be instituted within 30 days from of
the time any order or determination of the Housing Board of Review becomes final.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions
of the 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 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
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Alderperson Tomlan explained that this legislation conforms to New York State
mandates.
Building Commissioner Radke thanked Deputy Building Commissioner Niechwiadowicz
for the great job he did on this legislation on top of all of the other duties he was
responsible for while she was out.
A Vote on the Ordinance resulted as follows:
Carried Unanimously
10.5 Extension of the Charge to the Collegetown Vision Implementation
Committee – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, in its resolution endorsing the Collegetown Vision Statement, the Common
Council on June 6, 2007, established a committee to prepare an implementation
strategy and charged it with the prioritization of the recommendations of the vision
statement and the development of a process for their implementation, including the
preparation of a schedule, estimation of a budget, identification of funding sources, and
definition of project boundaries for a two-step approach to an urban plan for
Collegetown, and
WHEREAS, the membership of that committee, since identified as the Collegetown
Vision Implementation Committee (“CVIC”), was to include representation from the City
of Ithaca Common Council, the Planning and Development Board, Cornell University
administration, neighborhood residents, students, members of the business community,
and interested members of the Collegetown Vision Task Force, and
WHEREAS, the members of the committee, appointed by the Mayor, are Jennifer
Wilkins (Chair), Doug Dylla, Steve Golding, Dan Kathan, Jane Marcham, Svante Myrick,
John Ryan, Herman Sieverding, and Mary Tomlan, and
WHEREAS, by resolution passed at its regular meeting on September 5, 2007, the
Common Council expanded the CVIC to include all Third and Fourth Ward
Alderpersons, and
WHEREAS, at the same meeting, the Common Council extended the charge to the
CVIC to include participation in drafting and issuing a Request for Qualifications
(“RFQ”), review of the submissions by consultant firms, and selection of a consultant to
recommend to the Mayor, and
WHEREAS, a RFQ for firms interested in preparing an urban plan and design
guidelines for the Collegetown neighborhood was issued, resulting in submissions by
seventeen consultant teams, and
WHEREAS, the CVIC has reviewed all of the submissions, and interviewed members of
four of the consultant teams, from which number the committee will recommend a
consultant team to the Mayor, and
WHEREAS, the ongoing planning, design and implementation process will include
broad community participation but would also benefit from the guidance and review of a
more focused client committee, and
WHEREAS, the CVIC has worked diligently to consider and balance the diverse
interests of the Collegetown community, adjacent neighborhoods and the City as a
whole, and many of its members are willing to continue to serve; now, therefore, be it
RESOLVED, That the charge to the Collegetown Vision Implementation Committee be
further extended to include the guidance and review of the work of the consultants with
reference to the timeline of the temporary moratorium and so that the resultant urban
plan, design guidelines and proposed legislation are consistent with the vision for
Collegetown as endorsed by the Common Council on June 6, 2007.
Alderperson Tomlan explained that the Implementation Committee would stay on as the
Client Committee developed.
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Alderperson Gelinas thanked Alderperson Tomlan and the Implementation Committee
and stated that they are doing an excellent job trying to stick to the timelines put in place
for the moratorium.
A Vote on the Resolution resulted as follows:
Carried Unanimously
11. CITY ADMINISTRATION COMMITTEE:
11.1 DPW - Request to Establish Capital Project for Pedestrian and Traffic
Safety Improvements to the Intersection of Route 79 (Hector and West State
Streets), Floral Avenue and Elm Street – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, Section 14-k of the Transportation law establishes the Multi-Modal (MM)
Programs 1,2,3 and 4 that may fund eligible project costs through the Thruway or
Dormitory Authority (DASNY) bond funding (as applicable) for capital projects approved
by the Commissioner of Transportation, and
WHEREAS, the City of Ithaca has been awarded a $250,000 from the New York State
Multi-Modal Program for pedestrian and traffic safety improvements at the intersection
of Route 79 (Hector and West State Street), Floral Avenue and Elm Street, and
WHEREAS, Common Council wished to see progress in this reimbursement project;
now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project # 740
Pedestrian and Traffic Safety Improvements to Intersection at Floral Ave, Elm St. &
West State Street in the amount not to exceed $250,000 for the purposes of designing
and constructing such improvements, and be it further
RESOLVED, That funding for said Capital Project shall be derived from a General Fund
Advance and later repayment from the issuance of Serial Bonds with the understanding
that all eligible expenses will be reimbursed by the MM Program, and be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into any
and all agreement(s) with the State of New York related to this project, upon review by
the City Attorney, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated
at $0 of the $250,000 authorized for this portion of the project, in monies and in-kind
services as managed by the Superintendent of Public Works and monitored by the City
Controller.
Alderperson Coles stated that the City of Ithaca owes Assemblywoman Lifton a debt of
gratitude for making this intersection traversable.
A Vote on the Resolution resulted as follows:
Carried Unanimously
11.2 DPW - Re-authorization of Bicycle Plan Capital Project #325 – Resolution
By Alderperson Coles: Seconded by Alderperson Berry
WHEREAS, the Common Council originally authorized a Bicycle Master Plan Capital
Project in the amount of $80,000 in 1996, and
WHEREAS, the Common Council re-authorized the capital project in August 6, 2003 in
the amount of $100,000 with the understanding that 80% of the project costs would be
reimbursed with federal funds, and
WHEREAS, the City’s Bicycle Master Plan was completed at a cost of $20,000, for
which 80% or $16,000 was received in federal reimbursement, and
WHEREAS, on August 15, 2007, City staff submitted a draft design report to the New
York State Department of Transportation in order to implement a bicycle project in
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81
accordance with the Procedures for the Local Administration of Federal-Aid Projects,
and
WHEREAS, City staff is being told by NYSDOT staff that the balance of federal funding
($64,000) is no longer available, and
WHEREAS, Common Council still desires to advance the above project by expending
the previously authorized capital project without the federal reimbursement; now,
therefore, be it
RESOLVED, That Capital Project # 325 is hereby re-authorized in the amount not to
exceed $80,000, for the purposes of implementing parts of the Bicycle Plan as
managed by the Department of Public Works, and be it further
RESOLVED, That in the event that federal funds remain available for this project,
Common Council directs City staff to apply for federal-aid reimbursement with the City
share of said project not exceeding 20% or $16,000 with the remaining 80% or $64,000
being federally funded, and be it further
RESOLVED, That in the event that federal funds are not available, Common Council
understands that the City of Ithaca shall bear the full cost of the project, not to exceed
$80,000, and be it further
RESOLVED, That the sum of $80,000 is funded by the issuance of serial bonds.
Alderperson Coles stated that the City must support the infrastructure for alternative
modes of transportation in view of global warming.
Mayor Peterson explained that the City was notified that the grant money was going to
be de-activated, but there is hope of getting it re-activated with clarification of the plan.
Alderperson Dotson stated that she is pleased to see a couple of projects that support
bicycle projects.
Alderperson Zumoff stated that he cannot support this resolution due to the third
Resolved clause which binds the City to picking up the full costs ($80,000) if Federal
funds are not available.
Alderperson Korherr stated that she fully supports this resolution and noted that it is a
difficult task to create and implement a plan like this.
Alderperson Coles distributed a survey of East Hill resident’s comments on this project.
Alderperson Dotson thanked the Engineering Division and the Department of Public
Works for their efforts in moving this project forward.
Mayor Peterson explained that the delay in this project was due to waiting for the
State’s response to other proposed projects.
A Vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Berry, Clairborne, Tomlan, Gelinas, Townsend,
Korherr, Cogan
Nays (1) Zumoff
Carried
11.3 DPW - Request to Amend Capital Project for Miscellaneous Plant
Improvements at the Ithaca Area Wastewater Facility CP 416J – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of some Capital
Improvements, and
WHEREAS, staff in association with the Plant’s consulting engineers, Stearn’s &
Wheler, LLC have estimated the cost of the miscellaneous plant improvements to be
$1,300,000, and
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WHEREAS, the allocation of costs for said project shall be as follows:
Roof Leaks at Skylights $400,000
Digester Brick Repair 260,000
Concrete Deterioration (ASR) 160,000
Concrete Deterioration Cracks & Leaks 240,000
Miscellaneous Structural Repairs 35,000
Concrete Deck Water Proofing 120,000
Contingency, Legal, Administrative, Engineers 85,000
$1,300,000
and
WHEREAS, the Special Joint Committee (SJC) approved said project at its meeting of
November 14, 2007; now, therefore be it
RESOLVED, That Common Council hereby recommends an amendment to Capital
Project 416J Miscellaneous IAWWTP Improvements in an amount not to exceed
$1,300,000 for a total Project authorization of $1,374,000, and be it further
RESOLVED, That Common Council authorizes this project contingent upon action by all
wastewater partners committing their percentage of reimbursement shares to the Joint
Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $742,820
Town of Ithaca 40.88 531,440
Town of Dryden 1.98 25,740
$1,300,000
and be it further
RESOLVED, That the Common Council recommends financing be done by the
issuance of Serial Bonds for the entire project with reimbursement from each partner
per allocated cost, and be it further
RESOLVED, That Common Council hereby recommends a $7,000 increase to the
previously authorized engineering services agreement with Stearns & Wheler, LLC for
additional engineering services to this project in the total contract cost not to exceed
$81,000.
Carried Unanimously
11.4 A Local Law to Provide for Stormwater Management and to Add a New
Chapter 282 Entitled “Stormwater Regulations” to the City of Ithaca Municipal
Code
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca is a permitted small Municipal Separate Stormwater
Sewer System (MS4) under State and Federal Stormwater Phase II regulations for
stormwater discharges; and,
WHEREAS, the City of Ithaca received State Pollutant Discharge Elimination System
(SPDES) permit coverage through the New York State Department of Environmental
Conservation (NYSDEC) on March 10, 2003; and
WHEREAS, said permit requires the City to develop a stormwater management and
regulation plan, including therein stormwater regulations adequate to protect quality of
life, through the control of illicit discharges and stormwater runoff during and after
construction; and
WHEREAS, the deadline for submission to the NYSDEC of the City’s Stormwater
Management and Regulation Plan, including its Stormwater Regulations, is January 8,
2008; and
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WHEREAS, this proposed local law incorporates or exceeds the requirements of the
state and federal stormwater program; now, therefore
LOCAL LAW NUMBER OF 2007
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. The City of Ithaca Municipal Code is hereby amended by adding a new
Chapter, Chapter 282, entitled “Stormwater Regulations,” as follows:
CHAPTER 282
TABLE OF CONTENTS
ARTICLE 1: STORMWATER MANAGEMENT AND EROSION AND SEDIMENT
CONTROLS
GENERAL PROVISIONS
§ 282-1. Findings
§ 282-2. Purpose
§ 282-3. Objectives
§ 282-4. Definitions
§ 282-5 Statutory Authority
§ 282-6 Applicability
§ 282-7 Exemptions
§ 282-8 Administration
STORMWATER CONTROL
§ 282-9 Performance Design Criteria for Stormwater Management and Erosion
and Sediment Control
§ 282-10 Stormwater Pollution Prevention Plans
§ 282-11 Maintenance, Inspection and Repair of Stormwater Facilities
ADMINISTRATION AND ENFORCEMENT
§ 282-12 Erosion and Sediment Control Inspection
§ 282-13 Performance Guarantee
§ 282-14 Enforcement and Penalties
§ 282-15 Fees for Services
§ 282-16 Application Fee
§ 282-17 Exceptions to Standards
§ 282-18 Limitation on Liability and Indemnity
ARTICLE 2: PROHIBITION OF ILLICIT DISCHARGES, ACTIVITIES AND
CONNECTIONS INTO SEPARATE STORMWATER SYSTEMS
GENERAL PROVISIONS
§ 282-19 Purpose and Intent
§ 282-20 Applicability
§ 282-21 Responsibility for Administration
PROHIBITED DISCHARGES
§ 282-22 Prohibition of Illegal Discharges
§ 282-23 Exempt Discharges
§ 282-24 Prohibition of Illicit Connections
§ 282-25 Prohibition of Activities Contaminating Stormwater
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PREVENTION AND CONTROL OF STORMWATER POLLUTANTS
§ 282-26 Best Management Practices
§ 282-27 Suspension of Access to MS4
§ 282-28 Industrial or Construction Activity Discharges
§ 282-29 Access and Monitoring of Discharges
§ 282-30 Notification of Spills
ENFORCEMENT
§ 282-31 Violations Deemed a Public Nuisance
§ 282-32 Notice of Violation
§ 282-33 Penalties
§ 282-34 Injunctive Relief
§ 282-35 Alternative Remedies
§ 282-36 Remedies Not Exclusive
ARTICLE 3: CITY OF ITHACA STORMWATER STANDARDS
§ 282-37 Disturbance of More than ½ Acre
§ 282-38 Disturbance of Less than ½ Acre
§ 282-39 Invasive Species Prohibited
§ 282-40 Winter Site Stabilization
§ 282-41 Redevelopment and High Density Projects
§ 282-42 Discharge of Untreated Stormwater
§ 282-43 Stormwater Design Manual
§ 282-44 Installation in Phases
§ 282-45 Shared Off-Site Stormwater Control Areas
§ 282-46 Non-Structural Stormwater Management Practices
§ 282-47 Better Site Design
§ 282-48 Stormwater Credits
§ 282-49 Written Agreements
§ 282-50 Infiltration Requirements
ARTICLE 1.
Stormwater Management and Erosion and Sediment Control
GENERAL PROVISIONS
§ 282-1. Findings
The Common Council of the City of Ithaca hereby makes the following findings:
A. Land development activities and increases in site impervious cover permanently
alter the hydrologic responses of local watersheds and increase stormwater
runoff rates and volumes, which in turn increase flooding, stream channel
erosion and sediment transport and deposition, and decrease the recharge of
groundwater resources;
B. Stormwater runoff from developed areas contributes significant quantities of
water-borne particulates and pollutants to surface and groundwater sources,
degrading the water quality of water bodies, affecting public and private water
supplies and recreational uses, and threatening fish and other aquatic life;
C. The clearing and loss of vegetation, and the grading of the soil for development
or re-development purposes may increase soil erosion, leading to siltation of
water bodies, decreasing their capacity to hold and transport water, and
degrading terrestrial and aquatic habitats;
D. The southern end of Cayuga Lake has been placed on the New York State
Section 303 (D) List of Impaired Waters, with both phosphorus and silt/sediment
being major source contributors of the impairment;
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E. Improper design, construction, and implementation of stormwater and erosion
control facilities may also increase stormwater runoff rates and volumes, leading
to increased flooding, stream channel erosion, sediment transport and deposition
and overall degradation to waterbodies;
F. Substantial economic losses may result from these adverse impacts on the
public stormwater sewer conveyance systems;
G. Substantial economic losses may result from these adverse impacts on
community waters;
H. Stormwater runoff, soil erosion, and non-point source pollution can be controlled
and minimized through the regulation of stormwater runoff quantity and quality
from new land development and redevelopment activities, by use of both
structural and nonstructural practices;
I. In order to serve the public interest and minimize threats to the environment and
to public health and safety, it is imperative to regulate stormwater runoff from
land development activities and other construction activities within the City of
Ithaca so as to control and minimize increases in stormwater runoff rates and
volumes, to provide for the recharge of groundwater resources, and to control
and minimize soil erosion, stream channel erosion, non-point source pollution,
and other threats to general water quality associated with land development
activities;
J. City regulation of land development activities, by the establishment of
performance standards governing stormwater management and site design, will
act to mitigate the adverse effects associated with stormwater runoff and erosion
and sedimentation caused by development.
§ 282-2. Purpose
The purpose of these Stormwater Regulations, hereinafter also referred to as the
“Regulations,” is to establish minimum stormwater management requirements and
controls to protect, maintain, and enhance the health, safety and general welfare of the
citizens of the City and its natural environment.
§ 282-3. Objectives
The objectives of these Stormwater Regulations are to:
A. Meet the requirements of minimum measures numbered 4 and 5, contained in
the New York State Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) General Permit for Stormwater
Discharges from Municipal Separate Stormwater Sewer Systems (MS4’s) No.
GP-02-02, or as such requirements have been amended or revised;
B. Require land development activities to conform to the substantive requirements
of the SPDES General Permit for Construction Activities GP-02-01, or as such
requirements have been amended or revised;
C. Control and reduce stormwater runoff rates and volumes, in order to reduce
erosive velocities, stream bank erosion and property damage, and to maintain
the integrity of stream channels and aquatic habitats;
D. Reduce the detrimental impacts of stormwater flows on adjacent properties and
downstream communities;
E. Control and minimize soil erosion from land development activities and prevent
the transport of sediment either through direct discharge or conveyed by public
stormwater sewer systems to water bodies;
F. Facilitate the removal of pollutants in stormwater runoff so as not to degrade
ground and surface water quality;
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G. Protect the biological, ecological, and other beneficial functions of water bodies,
such as streams, wetlands, lakes and reservoirs, from the adverse impacts of
stormwater runoff;
H. Encourage groundwater recharge so as to maintain stream base flows, aquatic
life, and adequate water supplies;
I. Establish provisions for the long-term responsibility for and maintenance of both
structural and nonstructural stormwater control facilities and management
practices to ensure that they continue to function as designed, are adequately
maintained, and pose no threat to public safety;
J. Establish provisions to ensure that there is an adequate funding mechanism,
including financial security or surety, for the proper review, inspection and long-
term maintenance of stormwater facilities implemented as part of these
Stormwater Regulations;
K. Establish administrative procedures for the submission, review, approval or
disapproval of stormwater management plans, for the inspection of approved
active development projects, and for long-term follow-up;
L. Establish provisions for enforcement and penalties for non-compliance with these
Stormwater Regulations.
§ 282-4. Definitions
The following terms have the following meanings when used in these Stormwater
Regulations:
303(d) List - A list of all surface waters in the state for which beneficial uses of the
water (drinking, recreation, aquatic habitat, and industrial use) are impaired by
pollutants, which list is prepared periodically by the Department as required by
Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and
streams that fall short of state surface water quality standards and are not expected
to improve within the next two years.
Agricultural Activity – activities by an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing agricultural
products, and cutting timber for sale. The construction of any new structures
associated with agricultural activity is not an agricultural activity.
Applicant – a property owner or agent of a property owner who has filed an
application for any proposed Land Development Activity.
Basic Stormwater Pollution Prevention (Basic SWPPP) – also referred to as an
Erosion and Sediment Control Plan. Required for construction activities and defined
by Section 282.10(B) of these Regulations.
Best Management Practices (BMPs) - Schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly into stormwater,
receiving waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
Building – any structure, either temporary or permanent, having walls and a roof
and designed for the shelter of any person, animal, property or agricultural and/or
business operation, and containing or sheltering 100 square feet or more of surface
area.
Channel – a natural or artificial watercourse with a definite bed and banks created
for the purpose of periodically or continuously conveying flowing water.
City – City of Ithaca, New York.
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Clean Water Act - The Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
Clearing – any activity, including but not limited to, grubbing, wasting, or razing, that
removes vegetative surface cover and/or its related root structures.
Construction Activity - Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as amended or
revised. These activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Curve Number – an indexed hydrologic parameter developed by the Soil
Conservation Service (SCS) used to describe the runoff potential of stormwater. The
curve number is typically based on soils type, plant cover, amount of impervious
areas, interception, and surface storage.
DEC – the New York State Department of Environmental Conservation; the
regulatory environmental control authority for the State of New York.
Dedication – the donation of land or creation of an easement for general public use
and the acceptance of said land or easement by the municipality.
Design Manual – the current or most recent version of the “New York State
Stormwater Design Manual”, including applicable updates, which herein serves as
the State approved, official guide for stormwater control principles, methods, and
practices.
Developer – any person or entity undertaking land development activities.
Environmentally Sensitive Area – Any area that is especially vulnerable to a
negative environmental impact from construction activity and its related stormwater
runoff, due to factors such as unstable soil, fragile or ecologically unique habitat, or
the ecological importance of the physical area to the neighborhood form or
character. Environmentally sensitive areas may include but are not limited to, cold
water fisheries, shellfish beds, swimming beaches, groundwater recharge areas,
water supply reservoirs, steep, vegetated hillsides or buffers, and habitats for
threatened, endangered, or special-concern species.
Erosion – the act of wearing away the surface of the land through natural means or
by aggravation from land development activities.
Erosion Control Manual – the current or most recent version of “New York
Standards and Specifications for Erosion and Sediment Control” manual, commonly
referred to as the “Blue Book.”
Full Stormwater Pollution Prevention Plan (Full SWPPP) – the Basic SWPPP
plus that portion as identified in Section 282.10(C) of these Regulations which
addresses post-construction stormwater controls, hydraulic and hydrologic analyses,
and other items necessary to control runoff to better than or equal to pre-developed
conditions for the rainfall frequencies as defined in that Section.
Grading – excavation and/or fill of rock, soil, or other material(s), including the
resulting conditions thereof.
Hazardous Materials - Any material, including any substance, waste, or
combination thereof which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
Human-Made Conveyance System – any human-made structure created for the
purpose of hydraulically conveying stormwater runoff to the Surface Waters of the
State of New York. Structures include but are not limited to: Catch basins, pipe,
road ditches, and swales.
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Hydrology – the study of water behavior on and beneath the surface of the land
with respect to precipitation, evaporation, and infiltration for the purpose of
predicting the rates and amounts of runoff.
Illicit Connections - Any drain or conveyance, whether on the surface or
subsurface, which allows an illegal discharge to enter the MS4, including but not
limited to:
1. Any conveyance which allows any non-stormwater discharge including
treated or untreated sewage, process wastewater, and/or wash water to enter
the MS4, and any connection to the storm drain system from an indoor drain
or sink, regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency; or
2. Any drain or conveyance connected from a commercial or industrial land
use to the MS4 which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Illicit Discharge – Any direct or indirect non-stormwater discharge to the MS4,
except as exempted in § 282-23 of this law.
Industrial Activity - Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or revised.
Impaired Water – water whose purity has been diminished by pollution and/or
sedimentation. The southern end of Cayuga Lake is on the New York State 303 (D)
List of Impaired Waterbodies for both phosphorus and silt/sediment.
Impervious Cover – those surfaces, improvements and/or structures that do not
effectively absorb rainfall, snow melt and water (e.g., building rooftops, pavement,
sidewalks) or otherwise act to prevent infiltration and increase Stormwater Runoff or
other water accumulating conditions.
Industrial Stormwater Permit – a New York State Pollutant Discharge Elimination
System (“SPDES”) permit, issued to a commercial industry that regulates the
pollutant levels associated with non-domestic stormwater discharges or specifies on-
site pollution control strategies.
Infiltration – the act or process by which Stormwater or other water percolates into
the soil or subsoil.
Jurisdictional Wetland – an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of
vegetation typically adapted for life in saturated soil conditions, commonly known as
“hydrophytic vegetation.”
Land Development Activity – any construction activity that includes clearing,
grading, excavating, or general soil disturbance and/or placement of fill (including
but not limited to stockpiling, site storage, temporary parking, mobilizing and
demobilizing activities etc.) that results in land disturbance.
Landowner – the legal or beneficial owner of land, including those holding the right
to purchase or lease the land, or any other person holding proprietary rights to the
land.
Licensed Professional – Professional Engineer, Professional Landscape Architect,
Certified Professional in Erosion and Sediment Control, Certified Professional in
Stormwater Quality.
Maintenance Agreement – a legally recorded document that acts as a property
deed restriction, and which provides for long-term maintenance of stormwater
management practices.
MS4 – Municipal Separate Storm Sewer System.
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Municipal Separate Storm Sewer System - A system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) which are:
1. Owned or operated by the City of Ithaca;
2. Designed or used for collecting or conveying stormwater;
3. That which is not a combined sewer; and
4. That which is not part of a Publicly Owned Treatment Works (POTW) as
defined under 40 CFR 122.2
Non-point Source Pollution – pollution that originates from any source other than
from any specific discernible, confined, and discrete conveyances, and can include,
but not be limited to, pollutants from agricultural activities, silviculture, mining,
construction, subsurface disposal, and urban runoff sources.
Non-Stormwater Discharge - Any discharge to an MS4 that is not composed
entirely of stormwater.
Parcel – a distinct tract, lot, portion, or piece of land upon which an Applicant,
Developer, Landowner, or any other person or entity conducts or proposes to
conduct a Land Development Activity.
Person - Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner’s
agent.
Phasing – the act of clearing a parcel of land in distinct divisions, with the purpose
of stabilizing each section once completed before the clearing of the next.
Pollutant - Dredged spoil, filter backwash, solid waste, incinerator residue, treated
or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
by-products of rock or sand, industrial, municipal or agricultural waste, and ballast
discharged into water, any of which may cause or might reasonably be expected to
cause pollution of the Surface Waters of the State of New York in contravention of
the standards.
Pollutant of Concern – sediment or a water quality measurement that addresses
sediment (such as total suspended solids, turbidity, siltation, etc.) and any other
pollutant that has been identified as a cause of impairment of any water body that
will receive a discharge from the land development activity.
Premises - Any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parking strips if associated with a
proposed project.
Project – a land development activity.
Qualified Professional – A technically competent person operating on behalf of a
licensed professional in applications such as but not limited to, field inspection,
document review and administration.
Recharge – the replenishment of underground water reserves.
Sediment – any chemical, mineral, metal, rock, soil or other compound, or mixture
thereof, that has been exposed and/or eroded which is subject to sedimentation by
naturally occurring means.
Sedimentation – the process by which Sediment is transported and deposited from
one area to another by naturally occurring means.
Sediment Control – measures that prevent eroded sediment from leaving the site.
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SPDES General Permit for Construction Activities GP-02-01 – a permit under the
New York State Pollutant Discharge Elimination System (SPDES) program which is
issued to developers of construction activities to regulate disturbance of one or more
acres of land.
SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems GP-02-02 – a permit under the New York State
Pollutant Discharge Elimination System (SPDES) program issued to municipalities to
regulate discharges from municipal separate storm sewers for compliance with
Environmental Protection Agency established water quality standards and/or to
specify stormwater control standards.
Special Conditions – Conditions in an MS4 permit where any of the following apply:
1. Discharge Compliance with Water Quality Standards - The condition that
applies where a municipality has been notified that the discharge of
stormwater authorized under their MS4 permit may have caused or has the
reasonable potential to cause or contribute to the violation of an applicable
water quality standard. Under this condition the municipality must take all
necessary actions to ensure future discharges do not cause or contribute to a
violation of water quality standards.
2. 303(d) Listed Waters - The condition in the municipality’s MS4 permit that
applies where the MS4 discharges to a 303(d) listed water. Under this
condition the stormwater management and regulation plan must ensure no
increase of the listed pollutant of concern to the 303(d) listed water.
3. Total Maximum Daily Load (TMDL) Strategy - The condition in the
municipality’s MS4 permit where a TMDL, including requirements for control
of stormwater discharges, has been approved by EPA for a waterbody or
watershed into which the MS4 discharges. If the discharge from the MS4 did
not meet the TMDL stormwater allocations prior to September 10, 2003, the
municipality was required to modify its stormwater management and
regulation plan to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
4. Future TMDL Approval - When a TMDL is approved in the future by EPA
for any waterbody or watershed into which an MS4 discharges, the
municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not meeting
the TMDL stormwater allocations, the municipality must, within six (6) months
of the TMDL’s approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
Stabilization – the use and practices that prevent exposed soil from eroding.
State – the State of New York.
State Pollutant Discharge Elimination System (SPDES) Permit - A permit issued
by the Department that authorizes the discharge of pollutants into the Surface
Waters of the State of New York.
Stop Work Order – any order issued by the City of Ithaca that requires all
construction activities occurring on a site to be immediately stopped.
Stormwater – any precipitation in the form of rainwater, snowmelt, ice melt, and
related naturally occurring surface water accumulation which forms drainage caused
by surface runoff.
Stormwater Hotspot – a land use or activity that generates higher concentrations of
hydrocarbons, trace metals, or toxicants other than is found in typical stormwater
runoff, based on monitoring studies.
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Stormwater Management – the use of structural and/or non-structural practices
that are designed to reduce stormwater runoff and mitigate adverse effects on
property, natural resources, and the environment.
Stormwater Management Facility – one or a series of stormwater management
devices or practices, instituted or installed, stabilized and operating, for the purpose
of controlling stormwater runoff.
Stormwater Management Officer (SMO) – An individual designated by the City of
Ithaca to enforce these Regulations. The SMO may also be designated by the
municipality to accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, inspect stormwater management practices
and perform related duties.
Stormwater Management Practices (SMPs) – measures, either structural or
nonstructural, that are determined to be the most effective, practical means of
preventing flood damage and preventing or reducing point source or non-point
source pollution inputs to stormwater runoff and water bodies.
Stormwater Pollution Prevention Plan (SWPPP) – a plan for controlling
stormwater runoff and pollutants from a site during and after construction activities.
Stormwater Runoff – Stormwater flowing over the surface of the ground.
Surface Waters of the State of New York - lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Atlantic ocean within the territorial seas of the state of New York
and all other bodies of surface water, natural or artificial, inland or coastal, fresh or
salt, public or private (except those private waters that do not combine or effect a
junction with natural surface or underground waters), which are wholly or partially
within or bordering the state or within its jurisdiction. Storm sewers and waste
treatment systems, including treatment ponds or lagoons which also meet the
criteria of this definition are not waters of the state. This exclusion applies only to
manmade bodies of water in which neither were originally created in waters of the
state (such as a disposal area in wetlands) nor resulted from impoundment of waters
of the state.
Time of Concentration – the time it takes for runoff to travel to a particular point,
from the hydraulically most distant point.
Total Maximum Daily Load (TMDL) - The maximum amount of a pollutant to be
allowed to be released into a waterbody so as not to impair uses of the water,
allocated among the sources of that pollutant.
Wastewater - Water that is not stormwater, is contaminated with pollutants and is or
will be discarded.
Watercourse – a permanent or intermittent stream or other body of water, either
natural or human-made, which gathers or carries surface water.
Watershed – the geographic area of land that drains water to a shared destination
from the highest ridgeline to the lowest point.
Waterway - a channel that directs surface runoff to a watercourse or to the public
storm drain.
Wetland – A low lying area saturated with water whose ecosystem is unique to the
soil type, topography, climate, hydrology, water chemistry, vegetation and other
limiting or defining factors.
§ 282-5. Statutory Authority
The New York State Department of Environmental Conservation (NYSDEC), pursuant
to the Federal Clean Water Act, 33 U.S.C.A §§1251 to 1387, created a State Pollution
Discharge Elimination System (SPDES) which mandates, in Phase II, that certain
municipalities (Municipal Separate Stormwater Sewer Systems (MS4s)) of which the
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City of Ithaca is one, must establish a Stormwater Management and Regulation Plan
that reduces the discharge of pollutants to the maximum extent practicable, by no later
than January 8, 2008.
§ 282-6. Applicability
A. These Regulations shall be applicable to all land development activities,
including, but not limited to, site plan applications, subdivision applications,
grading applications, building permit applications, and projects to be undertaken
by the City its agents, or any other municipal entity, unless exempt pursuant to
Section 282.7. No person, landowner or entity shall undertake a land
development activity without first meeting all the requirements of these
Regulations including, but not limited to those standards set forth in Article III.
The standards in these Regulations apply to any new development or
redevelopment site that meets one or more of the criteria set forth in subsections
B.1, B.2, or C:
B. B. A stormwater plan shall be required for a proposed non-exempt land
development activity which meets or exceeds the thresholds set forth in
subsection B.1 and B.2. The type of plan required shall depend upon the type
and scale of the activity, as described below:
1. Full Stormwater Pollution Prevention Plan (Full SWPPP). A land
development activity requiring a Full Stormwater Pollution Prevention Plan
(Full SWPPP), as defined in Section 282.10(C), is one which meets any one
of the following conditions:
(a) Disturbs more than 5 acres of land, regardless of slope or type of activity;
(b) Disturbs between 1 and 5 acres of land, for purposes other than the
construction of single family residences or non-construction operations
related to agricultural activity;
(c) Disturbs more than 43,560 square feet (1 acre) on slopes averaging
more than 5%;
(d) Land development activities that disturb greater than or equal to 1 acre
and results in stormwater runoff discharging a pollutant of concern directly
into Cayuga Lake, a water body whose southern extent includes the City
of Ithaca and which is listed on the DEC’s 303(d) list of impaired waters;
(e) Is new development or redevelopment that involves the creation of 21,750
square feet (1/2 acre) or more of continuous impervious cover;
(f) Is a land development activity that is part of a larger common plan of
development or sale which plan could satisfy any of the thresholds
requiring a Full SWPPP (even though multiple separate and distinct land
development activities may take place at different times on different
schedules);
(g) Is a land-disturbing activity that meets or exceeds the minimum size
threshold (i.e., land disturbance area) for a Basic SWPPP (but not the size
threshold for a Full SWPPP), but which the City Engineer, the Director of
Planning, or the SMO (or their designee) determines is likely to cause an
adverse erosion-related impact to an environmentally sensitive area.
2. Basic Stormwater Pollution Prevention Plan (Basic SWPPP). A land
disturbance activity requiring a Basic Stormwater Pollution Prevention Plan
(Basic SWPPP), as defined in Section 282.10(B), is one which meets any one
of the following conditions:
(a) Disturbs a total land surface area equal to or greater than 10,890 square
feet (1/4 acre) but less than 43,560 square feet (1 acre) on slopes
averaging more than 5%;
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(b) Disturbs between 1 and 5 acres of land, for purposes of construction of
single family residences and non-construction activities related to
agricultural operations;
(b) Involves excavating or filling, or a combination of excavation and filling, in
excess of 250 cubic yards;
(c) Is a land development activity that is part of a larger common plan of
development or sale which plan could satisfy any of the thresholds
requiring a Basic SWPPP (even though multiple separate and distinct land
development activities may take place at different times on different
schedules);
(d) Is a land-disturbing activity, that meets or exceeds the minimum size
threshold (i.e., land disturbance area) for subparagraph C of this section
(but not the size threshold for a Basic SWPPP), but which the SMO (or
his/her designee) determines is likely to cause an erosion-related adverse
impact to an environmentally sensitive area.
C. Standards for Other Non-Exempt Land Disturbance Activities
1. A land disturbance activity that meets any one of the thresholds set forth
below shall comply with the requirements of Article III. A SWPPP is not
necessary for such activity, unless required by the SMO pursuant to these
regulations. An applicant relying on this subsection (C), shall acknowledge in
his/her application for a building permit, receipt of the applicable standards
and shall indicate his/her intention to comply therewith. The SMO shall have
discretion to require additional standards if appropriate for the particular
project.
(a) Disturbs a total land surface area equal to or greater than 10,890 square
feet (1/4 acre) but less than 43,560 square feet (1 acre), unless the activity
meets all of the following criteria for an exception from this condition:
i. Activity takes place on level, or relatively level grade (less than 5%
slope);
ii. Activity does not take place within 50 feet of a roadside ditch,
human-made conveyance system, intermittent or perennial stream,
or wetland;
iii. Activity is surrounded by no less than a 50 foot wide perimeter of
woody or grass vegetation that will remain undisturbed;
(b) Involves excavating or filling, or a combination of excavation and filling, in
excess of 50 cubic yards (but no more than 250 cubic yards) of soil or
similar material, unless the activity meets all of the following criteria:
i. Activity takes place on level grade (less than 5% slope);
ii. Activity does not take place within 50 feet of a roadside ditch,
human-made conveyance system, intermittent or perennial stream
or wetland;
iii. Activity is surrounded by no less than a 50-foot-wide perimeter of
woody or grass vegetation that will remain undisturbed;
(c) Involves the laying, repairing, replacing, or enlarging of an underground
pipe or other facility, or the disturbance of a road ditch, grass swale or
other channel, for a distance of 300 feet or more;
(d) Is a land development activity that is part of a larger common plan of
development or sale which plan could satisfy any of the thresholds
contained herein, (even though multiple separate and distinct land
development activities may take place at different times on different
schedules);
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(e) Is a land-disturbing activity that does not meet or exceed the minimum
thresholds for this subsection (C), but which the SMO (or his/her
designee) determines is likely to cause an erosion-related impact to an
environmentally sensitive area.
§ 282-7. Exemptions
A. The following activities are exempt from review under this chapter:
1. Agricultural activities as defined in Section 282-4;
2. Logging activity undertaken pursuant to an approved timber management
plan prepared or approved by the County Soil and Water Conservation
District or the DEC, except that landing areas and log haul roads are subject
to this chapter;
3. Routine maintenance activities by the City of Ithaca such as ditch cleaning,
that disturb less than 1 acre of land and are performed to maintain the original
line and grade, hydraulic capacity or original purpose of a pre-existing facility,
building, and/or impervious surface associated with these facilities;
4. Repairs to any stormwater management facility deemed necessary by the
SMO or other qualified, authorized official of the City of Ithaca;
5. Land development/disturbance activities for which a building permit, special
permit, or site plan review has been approved on or before the effective date of
this law;
6. Cemetery graves;
7. Installation of fence, sign, telephone, and electric poles and other kinds of
posts or poles, in which the cumulative soil disturbance totals less than 1 acre
in size;
8. Emergency activity immediately necessary to protect life, property, or natural
resources;
9. Home gardening activities such as growing flowers, vegetables, or other
plants primarily for use by the grower’s family;
10. A land disturbance activity that does not meet or exceed any of the minimum
thresholds set forth in the requirements of § 282-6.C.
§ 282-8. Administration
A. The applicant shall meet the current requirements for the DEC’s State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities (GP-02-01). In the event that there is a conflict between the
requirements of the SPDES General Permit and these Regulations, the more
stringent rule shall apply.
B. The Mayor, on behalf of the City of Ithaca, and, in consultation with the
Superintendent of Public Works and the Building Commissioner, shall designate
a Stormwater Management Officer (SMO), who shall administer, implement and
enforce the provisions of this article.
C. The City of Ithaca Planning Department shall receive all stormwater pollution
prevention plans that are subject to review and approval by the City of Ithaca
Planning Board, under subdivision or site plan review, and forward such plans to
the SMO for review and approval.
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D. The City of Ithaca Building Department shall receive all stormwater pollution
prevention plans that are subject to review and approval by the City of Ithaca
Building Department or Board of Zoning Appeals that are subject to special
permit, or fill and excavation permit regulations and forward such plans to the
SMO for review and approval.
E. All land development activities subject to review and approval by the City of
Ithaca under subdivision, site plan, special permit, or fill and excavation permit
regulations shall be reviewed subject to the standards in addition to the
aforementioned Regulations.
F. All other land development activities subject to review as pursuant to these
Regulations shall be required to submit a Stormwater Pollution Prevention Plan
(SWPPP) to the City of Ithaca SMO or his/her designee, who shall have
responsibility for reviewing and approving said plan.
G. For activities that require a Basic or Full SWPPP which has been approved by
the SMO, or his/her designee, the applicant shall file a Notice of Intent (NOI)
with the DEC and provide two copies to the City of Ithaca SMO. Depending on
the nature of the project, there may be a 5- day or 60- day review period by the
DEC.
H. Provided that the City of Ithaca SMO has determined, in writing, that the project
is complete for the purposes of this Regulation, the applicant shall file a Notice of
Termination (NOT) with the DEC.
I. The applicant shall file copies of any correspondence from the DEC with regard
to stormwater management as related to the NOI and/or NOT to the City of
Ithaca SMO.
STORMWATER CONTROL
§ 282-9. Performance Design Criteria for Stormwater Management and Erosion
and Sediment Control
All land development activities exceeding the thresholds in Section 282-6 shall be
subject to the following performance and design criteria:
A. Technical Standards
For the purpose of these Regulations, the following documents shall serve as the
official guides and specifications for stormwater management. Stormwater
management practices that are designed and constructed in accordance with these
technical documents shall be presumed to meet the standards imposed by these
Regulations:
1. The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation), as it currently exists or as
hereafter amended; referred to as the Design Manual.
2. New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Chapter of the Soil and Water Conservation Society, 2004), as
it currently exists or as hereafter amended; referred to as the Erosion Control
Manual.
3. The City of Ithaca Stormwater Standards, as it currently exists or as
hereafter amended attached to these Regulations as Article III.
B. Equivalence to Technical Standards
Where stormwater management practices are not in accordance with technical
standards, the applicant or developer must demonstrate the equivalence to the
technical standards set forth in 282-9.A and, additionally, the SWPPP must be
prepared by a licensed professional.
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C. Water Quality and Quantity Standards
Water quality and quantity standards apply whether or not a project is subject to
these Regulations, and whether or not a project meets the requirements of these
Regulations. Water Quality and Quantity Standards are enforceable by the City
under DEC Environmental Conservation Law.
1. Any land development activity shall not cause an increase in turbidity that
will result in substantial visible contrast to natural conditions in the Surface
Waters of the State of New York.
2. Any land development activity shall not cause a flow alteration that will
impair surface waters of the State of New York for their best usage.
§ 282-10. Stormwater Pollution Prevention Plans
A. Stormwater pollution prevention plan requirement
No application for a land development activity shall be reviewed or considered until a
Stormwater Pollution Prevention Plan (SWPPP), prepared in accordance with these
Regulations and in the format described in §282-10(B) or (C), is submitted to the
City of Ithaca and deemed acceptable, in writing, by the SMO, or his/her designee,
or until the SMO has confirmed that the activity is exempt from these regulations.
B. Contents of a BASIC SWPPP
Every Basic SWPPP shall provide the following background information and
erosion and sediment controls:
1. Applicant Information: Name, address, and telephone number of the owner
and developer;
2. Background: Brief narrative description about the scope of the project,
including location, tax map number for the parcel, type and physical size of
the project;
3. Site Map and Construction Drawings: A general location map showing the
project parcel and surrounding areas within at least 200’ of the parcel. At a
minimum, the site map should show the total site area; topography with a
minimum of 2-foot contour intervals; areas of land disturbance; areas of land
that will not be disturbed; all proposed improvements; areas of pre-existing
and proposed land use and vegetative cover; locations of on-site and
adjacent off-site surface water(s) and wetlands (including names and
classifications for both, if available), subwatershed boundaries, drainage
patterns that could be affected by the land development activity; areas of
existing and proposed final slopes; locations of off-site material, waste,
borrow or equipment storage areas; pre-existing and proposed buildings,
structures, utilities and impervious areas; and location(s) of the stormwater
discharge(s); (Site map should be at a scale no smaller than 1” = 100’ (e.g.
1”=500’ is smaller than 1”=100’);
4. Soils: Description of the existing soil(s), vegetative surface cover, and site
impervious cover present;
5. Land Development Plan: A land development activity phasing plan
describing the intended sequence of construction activities, including clearing
and grubbing, excavation and grading, utility and infrastructure installation
and any other activity at the site that results in soil disturbance. Not more
than 2 acres shall be disturbed at any one time unless pursuant to an
approved SWPPP. If the applicant has determined 2 acres to be insufficient
for the project, the applicant shall provide a basis for needing more acreage;
6. Pollution Prevention Measures: Description of the pollution prevention
measures that will be used to control litter, construction chemicals and
construction debris from becoming a pollutant source in stormwater runoff;
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7. Construction Waste: Description of type, quantities, sizes, and disposal
methods for construction and waste materials expected to be stored on-site
as appropriate, and a description of controls to reduce the release or
discharge of pollutants form these materials, including storage practices to
minimize exposure of the materials to stormwater, and spill prevention and
response;
8. Erosion and Sediment Control Plan
a. Drawing: Specify the location(s), size(s) and length(s) of each erosion
and sediment control practice in the Construction Drawings;
b. Structural and Vegetative Measures: Description of any temporary and
permanent structural and vegetative measures to be used for soil
stabilization and erosion control for each stage of the project from initial
land clearing and grubbing to project close-out;
c. Technical Details: Dimensions, material specifications, and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment and stormwater runoff catch basins;
d. Temporary Control Measures: Implementation schedule for staging
temporary erosion and sediment control practices, including the timing of
initial placement and duration that each practice should remain in place;
e. Permanent Control Measures: A list of each erosion control facility, if
any, that will be converted from temporary to permanent control
measures;
f. Maintenance Schedule: Ensure continuous and effective operation of
the erosion and sediment control practice;
9. Impact to Receiving Waterbodies: The name of any surface waters that
will receive stormwater runoff and/or sedimentation from the proposed project
site;
10. Implementation Responsibilities: Delineation of SWPPP implementation
responsibilities for each part of the site;
11. Flow Diversion Practices: Description of structural practices designed to
divert flows from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
12. Wetlands: The presence and boundaries of a wetland shall be determined in
accordance with the regulated and mapped wetlands identified by the DEC,
the United States Army Corps of Engineers (ACE), the applicable regulations
and rules of the DEC and ACE, the ACE Wetlands Delineation Manual, as it
currently exists or as hereafter amended. When there is evidence of a
wetland, either by designation, mapping, proximate location to a wetland, or
by the soil, flora, and hydrographic nature of the land, then a Wetland
Delineation shall be performed in accordance with these Regulations and
agency rules and regulations.
13. Better Site Design Practices: Identify the “Better Site Design” practices to
be used for this project in accordance with Article III attached hereto. As
stated, projects disturbing less than 1 acre must apply at least 2 of these
techniques, and projects disturbing more than 1 acre must apply at least 4 of
these techniques. If the applicant contends that the minimum number of
techniques cannot be incorporated into project design due to site limitations
or other restrictions, the applicant shall explain such limitations for
consideration of the Board.
14. Impact to Adjacent Landowners: If the project will create a new or
increased concentrated discharge to adjacent landowners and/or man-made
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drainage structures as maintained by that adjacent landowner, written
consent shall be recorded on the plan and shall remain in effect with transfer
of title to the property. No other discharge of concentrated flow to a
neighboring private property is permitted.
15. Records Management: Identify on-site storage location for the SWPPP and
all relevant records and certifications, including inspection records.
C. Contents of a FULL SWPPP
Every Full SWPPP shall provide the following background information and
erosion and sediment controls:
1. All information required in a Basic SWPPP, in accordance with Section
282.10(C) of these Regulations;
2. A drainage area map showing the pre- and post- construction watershed
boundaries, drainage areas and stormwater flow paths, including municipal
drainage system flows;
3. Identification of any special conditions affecting the design of stormwater
management practices, including but not limited to: discharge to a trout
stream; winter sizing considerations; location over a sole source aquifer, or
other aquifer of local significance; redevelopment activity; or recognition that
the project site is a stormwater “hotspot”;
4. If the project is subject to infiltration requirements as described in Article III,
include the results of any infiltration practice feasibility testing and/or
identification of other infiltration methods to be used. However, the following
types of stormwater shall not be infiltrated:
a. Stormwater from high pollutant loading areas (hotspots)
b. Industrial stormwater exposed to source material
5. Identification of any Stormwater Credits to be used in this project as
described in Article III, with documentation as described in “The Use and
Implementation of Stormwater Credits.”
6. Narrative description of each post-construction stormwater management
practice, its purpose, and why it is appropriate for the site. If the design
deviates from the Design Manual, explain why;
7. Site map/construction drawing(s) showing the specific location(s) and size(s)
of each post-construction stormwater management practice;
8. Hydrologic and hydraulic analysis for all structural components of the
stormwater management system for the applicable design storm;
9. Comparison of post-development stormwater runoff conditions with pre-
development conditions. Such calculations include:
a. Description of the design storm frequency, intensity and duration for the 1
year, 10 year, and 100 year storm event;
b. Time of concentration;
c. Soil Runoff Curve Number (RCN) based on land use and soil hydrologic
group;
d. Peak runoff rates and total runoff volumes for each watershed area,
including upstream and off-site contributing areas;
e. Infiltration rates, where applicable;
f. Culvert capacities;
g. Flow velocities;
h. Data on the increase in rate and volume of runoff for the specified design
storms, and;
i. Documentation of sources for all computation methods and any field test
results.
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10. Calculations for sizing specified stormwater management practices using the
following “Unified Stormwater Sizing Criteria” as described in the Design
Manual:
a. Water Quality Volume (WQv)
b. Stream Channel Protection Volume (CPv)
c. Overbank Flood Control Criteria (Qp)
d. Extreme Flood Control Criteria (Qf)
11. Dimensions, material specifications and installation details for each post-
construction stormwater management practice;
12. Maintenance schedule to ensure continuous and effective operation of
each post-construction stormwater management practice;
13. Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements shall
be recorded on the Plat map and in the Tompkins County Clerk’s Office and
shall remain in effect with transfer of title to the property;
14. Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with Section 282-11(D) of these Regulations.
15. Post-development downstream analysis if deemed necessary by the
Stormwater Management Officer.
D. Plan Certification
A Basic and Full SWPPP shall be prepared and certified by a Licensed
Professional who shall certify that the design of all stormwater management
practices meet the requirements in these Regulations.
E. Other Environmental Permits
The applicant shall assure that all other applicable environmental permits have
been or will be acquired for the land development activity prior to approval of the
final stormwater plan.
F. Contractor Certification
1. Each contractor and subcontractor identified in a Basic or Full SWPPP who
will be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification statement
before undertaking any land development activity:
“I certify under penalty of law that I understand and agree to comply with the
terms and conditions of the Stormwater Pollution Prevention Plan. I also
understand that it is unlawful for any person to cause or contribute to a
violation of water quality standards.”
2. The certification must include the name and title of the person providing the
signature, address and telephone number of the contracting firm; the address
(or other identifying description) of the site; and the date the certification is
made.
3. The certification statement(s) shall become part of the SWPPP for the land
development activity.
G. A copy of all SWPPPs shall be retained at the site of the land development
activity during construction from the date of initiation of construction activities to
the date of final stabilization.
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§ 282-11. Maintenance, Inspection and Repair of Stormwater Facilities
A. Maintenance and Inspection During Construction
1. The applicant or developer of the land development activity or his/her
representative shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are
installed or used by the applicant or developer to achieve compliance with the
conditions of these Regulations. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
fifty (50) percent.
2. For land development activities subject to a Full SWPPP, the applicant shall
have a qualified professional conduct site inspections at least every 7 days
and within 24 hours of any storm event producing 0.5 inches of precipitation
or more. At a minimum, inspection reports shall document general site
conditions, identify the conditions and effectiveness of all temporary and
permanent erosion and sediment control practices, and determine whether
those practices are in compliance with New York State standards and
specifications. Inspection reports shall be maintained in a site log book, with
copies delivered weekly to the Stormwater Management Officer.
(a) If the project is subject to a Full SWPPP, and consists of separate and
distinct phases, inspections may be halted in between phases, as long as
the project meets the DEC’s requirements for “Final Stabilization” during
the interim period.
(b) At the end of the construction season when soil disturbance activities will
be finalized or suspended until the following spring, the Owner may make
a written request to the SMO for allowance of DEC “Winter Site
Stabilization/Site Inspections” methods. In that case, frequency of
inspections can be reduced from weekly to monthly as long as the site is
properly stabilized with approved erosion and sediment control practices
prior to the onset of snow cover or frozen ground and, proper written
approval is obtained by the SMO. In the event of a winter thaw, a special
inspection must be made to check the integrity of the site stabilization
practices and repairs shall be made by the Owner as necessary. Normal
weekly inspections shall resume no later than March 15.
B. Maintenance Easement(s)
Prior to the issuance of any permit that has a stormwater management facility as
one of the requirements, the applicant or developer must execute an inspection
and maintenance easement agreement that shall be binding on all subsequent
landowners served by the stormwater management facility. The easement shall
provide for access to the facility at reasonable times for periodic inspection and
possible maintenance by the City of Ithaca to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by these Regulations. The easement shall be recorded by
the grantor in the office of the County Clerk with proof of filing provided to the
City of Ithaca, and on the subdivision plat (if applicable) after approval by the
counsel for the City of Ithaca and the appropriate parties. If any part of a
stormwater management facility is on a neighboring parcel, or requires access
from a neighboring parcel, the neighboring landowner must be a willing party to
the easement.
C. Maintenance After Construction
The owner or operator of permanent stormwater management practices installed
in accordance with these Regulations shall operate and maintain these practices
to achieve the goals of these Regulations. Proper operation and maintenance
shall include the following items at minimum:
1. A preventive/corrective maintenance program for all critical facilities and
systems of treatment and control (or related appurtenances) which are
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installed or used by the owner or operator to achieve the goals of these
Regulations.
2. Written procedures for operation and maintenance and training new
maintenance personnel.
3. Discharges from the stormwater management practices shall not exceed
design criteria or cause or contribute to water quality standard violations in
accordance with §282-9(C).
D. Maintenance Agreements
Prior to issuance of a certificate of occupancy, a formal maintenance agreement
for stormwater management facilities must be entered into with the City of Ithaca.
The agreement shall be binding on all subsequent landowners and recorded in
the office of the County Clerk, and on the subdivision plat (if applicable), as a
deed restriction on the property. It shall be consistent with the terms and
conditions of these Regulations and the document entitled “Stormwater Control
Facility Maintenance Agreement” on file with the City of Ithaca. The City of
Ithaca, in lieu of a maintenance agreement, at it sole discretion may accept
dedication of any existing or future stormwater management facility, provided
such facility meets all the requirements of these Regulations and includes
adequate and perpetual access and sufficient area, by easement or otherwise,
for inspection and regular maintenance. Prior to accepting a dedicated facility,
the City of Ithaca may require the formation of a Benefit District to include all
parcels served by the facility, to fund ongoing inspection, maintenance, and, if
necessary, expansion of the facility.
ADMINISTRATION AND ENFORCEMENT
§ 282-12. Erosion and Sediment Control Inspection
A. The SMO may require such inspections as necessary to determine compliance
with these Regulations and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply with the
requirements of these Regulations and the stormwater pollution prevention plan
(SWPPP) as approved. The applicant shall notify the SMO when any of the
following occurs:
1. Commencement of construction
2. Commencement of installation of sediment and erosion control measures
3. Commencement of site clearing
4. Commencement of rough grading
5. Close of the construction season
6. Completion of final landscaping
7. Successful establishment of landscaping in public areas
Additionally, the City of Ithaca may conduct random inspections during any
phase of construction.
If any violations are found, the applicant and developer shall be notified in writing
of the nature of the violation and the required corrective actions. No further work
shall be conducted except for site stabilization until any violations are corrected
and all work previously completed has received approval by the Stormwater
Management Officer.
B. Stormwater Management Practice Inspection
The City of Ithaca Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants are
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required to submit “as built” plans for any stormwater management practices
located on-site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities and must be
certified by a professional engineer.
C. Inspection of Stormwater Facilities After Project Completion
Inspection programs shall be established on a reasonable basis, including but
not limited to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage basins or
areas identified as higher than typical sources of sediment or other contaminants
or pollutants; inspections of businesses or industries of a type associated with
higher than usual discharge of contaminants or pollutants or with discharges of a
type which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater permit.
The City of Ithaca may join inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater management
practices.
D. Designation of Inspectors
Inspections may be performed by City of Ithaca staff or the Stormwater
Management Officer may designate a licensed professional as inspector.
E. Submission of Reports
The City of Ithaca Stormwater Management Officer may require such monitoring
and reporting from entities subject to these Regulations as are necessary to
determine compliance with these Regulations.
F. Right of Entry for Inspections
When any new stormwater management facility is installed on private property or
when any new connection is made between private property and the public
stormwater sewer system, the landowner shall grant the City of Ithaca right to
enter the property at reasonable times and in a reasonable manner for the
purpose of inspection as specified in paragraph 282-12 (C) herein.
§ 282-13. Performance Guarantee
A. Construction Completion Guarantee
In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by the City of Ithaca in
its approval of the Stormwater Pollution Prevention Plan, the City of Ithaca may
require the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate financial or
surety institution which guarantees satisfactory completion of the project and
names the City of Ithaca as the beneficiary. The security shall be in an amount
to be determined by the City of Ithaca based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from liability by the
City of Ithaca, provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility (ies) have been
constructed in accordance with the approved plans and specifications and that a
one year inspection has been conducted and the facilities have been found to be
acceptable to the City of Ithaca. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from liability.
B. Maintenance Guarantee
Where stormwater management and erosion and sediment control facilities are
to be operated and maintained by the developer or by a corporation that owns or
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manages a commercial or industrial facility, the City may require the developer,
prior to construction, to provide the City with an irrevocable letter of credit from
an approved financial institution or surety to ensure proper operation and
maintenance of all stormwater management and erosion control facilities both
during and after construction, and until the facilities are removed from operation.
If the developer or landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the City of Ithaca may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C. Recordkeeping
The City of Ithaca may require entities subject to these Regulations to maintain
or submit records demonstrating compliance.
§ 282-14. Enforcement and Penalties
A. Notice of Violation
When the City of Ithaca determines that a land development activity is not being
carried out in accordance with the requirements of these Regulations, it shall
issue a written notice of violation to the landowner. The notice of violation shall
contain:
1. the name and address of the landowner, developer or applicant;
2. the address when available or a description of the building, structure or land
upon which the violation is occurring;
3. a statement specifying the nature of the violation;
4. a description of the remedial measures necessary to bring the land
development activity into compliance with this local law and a time schedule
for the completion of such remedial action;
5. a statement of the penalty or penalties that shall or may be assessed against
the person to whom the notice of violation is directed;
B. Stop Work /Stabilization Orders
In the event of a violation of these regulations, the City of Ithaca may issue an
order to stop work and/or to stabilize any disturbance, pending correction of the
violation or a judicial determination. Persons receiving a stop work order shall be
required to halt all land development activities, except those activities that
address the violation(s) leading to the stop work/stabilization order. The stop
work/stabilization order shall be in effect until the City of Ithaca confirms that the
land development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a stop work/stabilization order in a
timely manner may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this local law.
C. Violations
Any land development activity that is commenced or is conducted contrary to
these Regulations, may be restrained by injunction or otherwise abated in a
manner provided by law.
D. Penalties
In addition to or as an alternative to any penalty provided herein or by law, any
person who violates the provisions of these Regulations shall be punishable by a
fine not exceeding two hundred fifty dollars ($250) or imprisonment for a period
not to exceed fifteen (15) days or both for conviction of a first offense; for
conviction of a second offense both of which were committed within a period of
five years, punishable by a fine not less than three hundred fifty dollars ($350)
nor more than five hundred dollars ($500) or imprisonment for a period not to
exceed fifteen (15) days, or both; and upon conviction for a third or subsequent
offense all of which were committed within a period of five years, punishable by a
fine not less than five hundred dollars ($500) nor more than seven hundred fifty
dollars ($750) or imprisonment for a period not to exceed six months, or both.
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However, for the purposes of conferring jurisdiction upon courts and judicial
officers generally, violations of this local law shall be deemed misdemeanors and
for such purpose only all provisions of law relating to misdemeanors shall apply
to such violations. For the purpose of determining the appropriate fine, each day
on which the violation continues to exist shall be considered a separate offense.
E. Withholding of Certificate of Occupancy
If any building or land development activity is installed or constructed in violation
of these Regulations, said building or land may be denied a Certificate of
Occupancy.
F. Restoration of lands
Any violator who continues to fail to comply with these regulations after having
been adjudged in violation thereof by a court, and, after having been given a
reasonable opportunity to comply, may be required to restore land to its
undisturbed condition upon direction of the SMO. In the event that restoration is
not undertaken within a reasonable time after notice, the City of Ithaca may take
necessary corrective action and the cost thereof shall be assessed against the
property, added to its tax and become a lien thereon, collectible in the same
manner as delinquent City taxes.
§ 282-15. Fees for Services
The City of Ithaca may require any person undertaking activities regulated herein to pay
reasonable costs at prevailing rates for review of SWPPPs, inspections, or stormwater
management practice maintenance performed by the City or performed by a third party
for the City, including but not limited to engineers' or attorneys' services and fees.
§ 282-16. Application Fee
A non-refundable application fee shall be submitted with each SWPPP in an amount as
the Common Council may, from time to time, be established by resolution.
§ 282-17. Exceptions to Standards
The SMO may grant an exception during the review process to any requirement of this
article using the following criteria:
A. There is sufficient documentation of special circumstances applicable to the
subject property or its intended use; and
B. The granting of an exception will not result in:
1. An increase in the rate or volume of surface water runoff.
2. An adverse impact on a wetland, watercourse, or water
body.
3. Degradation of surface water and groundwater water quality.
C. Where stormwater management practices are not in accordance with
technical standards, the applicant or developer must demonstrate equivalence to
the technical standards set forth in §282-9 and the SWPPP shall be prepared by
a Licensed Professional.
§ 282-18. Limitation on Liability and Indemnity.
The City of Ithaca shall not be liable or responsible for any injury to persons or damage
to property due to the City's actions, or failure to act, under or pursuant to these
Regulations, unless it is proven to a reasonable degree of certainty that such injury or
damage was solely caused by a willful or intentional act of the City. All owners and
entities working upon or engaged in any clearing, grading, excavation, construction,
cleanup, remediation, or restoration work pursuant to a SWPPP shall indemnify, keep
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and save harmless the City from and against any and all losses, costs, damages,
expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue
against or be charged to or recovered from the City from or by reason of or on account
of accidents, injuries, damages, and/or losses to persons or property. This indemnity
provision shall be construed and applied to the maximum extent permitted by law. The
City may require that any such person or entity procure liability insurance in a minimum
amount of $1,000,000.00 per incident per person, and that the City be named an
additional insured thereunder.
ARTICLE II.
Prohibition of Illicit Discharges, activities and connections into separate
stormwater system.
Section 1. The Code of the City of Ithaca is hereby amended by adding Chapter 282,
Article II, entitled “Prohibition of Illicit Discharges, Activities and Connections to the
Separate Storm Sewer System” as follows:
GENERAL PROVISIONS
§ 282-19. Purpose and Intent
The purpose of this Regulation is to provide for the health, safety, and general welfare
of the citizens of the City of Ithaca through the regulation of non-stormwater discharges
to the municipal separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law. This Regulation establishes methods for
controlling the introduction of pollutants into the MS4 in order to comply with
requirements of the State Pollutant Discharge Elimination System (SPDES) General
Permit for Municipal Separate Storm Sewer Systems. The objectives of this Regulation
are:
1. To meet the requirements of the SPDES General Permit for
Stormwater Discharges from MS4s, Permit no. GP-02-02 or as amended or
revised;
2. To regulate the contribution of pollutants to the MS4 since
such systems are not designed to accept, process or discharge non-stormwater
wastes;
3. To prohibit illicit connections, activities and discharges to the
MS4;
4. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with this
Regulation; and
5. To promote public awareness of the hazards involved in the
improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products, hazardous
waste, sediment and other pollutants into the MS4.
§ 282-20. Applicability
This law shall apply to all water entering the MS4 generated on any developed and
undeveloped lands unless explicitly exempted by an authorized enforcement agency.
§ 282-21. Responsibility for Administration
The Stormwater Management Officer(s) (SMO(s)) shall administer, implement, and
enforce the provisions of this law. Such powers granted or duties imposed upon the
authorized enforcement official may be delegated in writing by the SMO as may be
authorized by the City.
PROHIBITED DISCHARGES
§ 282-22. Prohibition of Illegal Discharges
No person shall discharge or cause to be discharged into the MS4 any materials other
than stormwater except as provided herein. Unless specifically exempted, the
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commencement, conduct or continuance of any illegal discharge to the MS4 is
prohibited.
§ 282-23. Exempt Discharges
The following discharges are exempt from discharge prohibitions established by these
Regulations, unless the Department of Environmental conservation or the City has
determined them to be substantial contributors of pollutants:
A. Dechlorinated water line flushing, fire hydrant flushing, fire pump testing,
utility flushing or other potable water sources, landscape irrigation or lawn
watering, existing diverted stream flows, rising ground water, uncontaminated
ground water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains, crawl space or basement sump pumps, air
conditioning condensate, irrigation water, springs, water from individual
residential car washing, natural riparian habitat or wetland flows, dechlorinated
swimming pool discharges, residential street wash water, water from fire fighting
activities, and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for reducing
pollutants.
B. Discharges approved in writing by the SMO to protect life or property from
imminent harm or damage, provided that such approval shall not be construed to
constitute compliance with other applicable laws and requirements, and further
provided that such discharges may be permitted for a specified time period and
under such conditions as the SMO may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of these
Regulations.
C. Dye testing in compliance with applicable state and local laws is an
allowable discharge, but requires a verbal notification to the SMO prior to the
time of the test.
D. Any discharge permitted under an SPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of
the Department, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the MS4.
§ 282-24. Prohibition of Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to
the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection. A person is
considered to be in violation of these Regulations if the person connects a line
conveying sewage to the municipality’s MS4, or allows such a connection to
continue.
§ 282-25. Prohibition of Activities Contaminating Stormwater
A. Activities that are subject to the requirements of this section are those
types of activities that:
1. Cause or contribute to a violation of the City’s MS4 SPDES permit.
2. Cause or contribute to the City being subject to the Special Conditions as
defined in §282-4 “Definitions” of these Regulations.
B. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the City’s MS4 SPDES permit authorization, that
person shall take all reasonable actions to correct such activities such that he or
she no longer causes or contributes to violations of the City’s MS4 SPDES permit
authorization.
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PREVENTION AND CONTROL OF STORMWATER POLLUTANTS
§ 282-26. Best Management Practices
A. Where the SMO has identified illicit discharges or activities contaminating
stormwater as defined in §282-4, the municipality may require implementation of
Best Management Practices (BMPs) to control those illicit discharges and
activities.
B. The owner or operator of a commercial or industrial establishment shall
provide, at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the MS4 through the use of structural
and non-structural BMPs.
C. Any person responsible for a property or premise, which is, or may be, the
source of an illicit discharge or an activity contaminating stormwater as defined in
§282-4 may be required to implement, at said person’s expense, additional
structural and non-structural BMPs to reduce or eliminate the source of
pollutant(s) to the MS4.
D. Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial activity, to the
extent practicable, shall be deemed compliance with the provisions of this
section.
§ 282-27. Suspension of Access to MS4
A. Suspension of Discharges in Emergency Situations
The SMO may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, to the health or welfare of persons, or to the MS4. The SMO shall
notify the person in writing of such suspension and the reasons therefore within a
reasonable time. If the violator fails to comply with a suspension order issued in
an emergency, the SMO may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or to minimize danger to persons.
B. Suspension due to the detection of illicit discharge
Any person discharging to the municipality’s MS4 in violation of these
Regulations may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMO will notify a violator in writing of the
proposed termination of its MS4 access and the reasons therefore. The violator
may petition the SMO for a reconsideration and hearing. Renewed access may
be granted by the SMO if he/she finds that the illicit discharge has ceased and
the discharger has taken steps to prevent its recurrence. Renewed access may
be denied if the SMO determines in writing that the illicit discharge has not
ceased or is likely to recur. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this Section, without the prior
approval of the SMO.
§ 282-28. Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity SPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the City prior to the allowing of
discharges to the MS4.
§ 282-29. Access and Monitoring of Discharges
A. The SMO shall be permitted to enter and inspect facilities subject to
regulation under this law as often as may be necessary to determine compliance
with these Regulations. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access to the SMO.
B. Facility operators shall allow the SMO ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of
records as may be required to implement these Regulations.
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C. The municipality shall have the right to erect at any facility subject to these
Regulations such devices as are necessary in the opinion of the SMO to conduct
monitoring and/or sampling of the facility’s stormwater discharge.
D. The City has the right to require the facilities subject to these Regulations
to install monitoring equipment as is reasonably necessary to determine
compliance with these Regulations. The facility’s sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
E. Unreasonable delays in allowing the City access to a facility subject to
these Regulations is a violation of these Regulations. A person who is the
operator of a facility subject to these Regulations commits an offense if the
person denies the City reasonable access to the facility for the purpose of
conducting any activity authorized or required by these Regulations.
F. If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate probable
cause to believe that there may be a violation of these Regulations or that there
is a need to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with these Regulations or any order
issued hereunder, the SMO may seek issuance of a search warrant from any
court of competent jurisdiction.
§ 282-30. Notification of Spills
Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials which are resulting or
may result in illegal discharges or pollutants discharging into the MS4, said responsible
person shall take all necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of a release of hazardous materials, said responsible
person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services and the City of Ithaca SMO, in that order. In the event of
a release of non-hazardous materials, said responsible person shall notify the City of
Ithaca SMO in person or by telephone within 2 hours of the occurrence. These
notifications shall be confirmed by written notice addressed and mailed to the City of
Ithaca within three business days after the occurrence. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three years.
ENFORCEMENT
§ 282-31. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided herein, any condition
caused or permitted to exist in violation of any of the provisions of these Regulations is
deemed a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator’s expense, and/or a
civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be
taken.
§ 282-32. Notice of Violation
A. When the municipality’s SMO finds that a person has violated a prohibition
or failed to meet a requirement of this law, he/she may order compliance by
written notice of violation to the responsible person. Such notice may require
without limitation:
1. The elimination of illicit connections or discharges;
2. That violating discharges, practices, or operations shall cease and desist;
3. The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
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4. The performance of monitoring, analyses, and reporting;
5. Payment of a fine; and/or
6. The implementation of source control or treatment BMPs. If abatement of
a violation and/or restoration of affected property is required, the notice shall
set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by
a designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
B. Corrective Measures
1. If the violation is corrected pursuant to the requirements set forth in
the Notice of Violation, then the SMO shall request the owner’s permission for
access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
2. If refused access to the subject private property, the SMO may seek a
warrant in a court of competent jurisdiction to be authorized to enter upon
the property to determine whether a violation has occurred. Upon
determination that a violation has occurred, the SMO may seek a court order
to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
§282-33. Penalties
In addition to or as an alternative to any penalty provided herein or by law, any person
who violates the provisions of these Regulations shall be guilty of a violation punishable
by a fine not exceeding three hundred fifty dollars ($350) or imprisonment for a period
not to exceed six months, or both for conviction of a first offense; for conviction of a
second offense both of which were committed within a period of five years, punishable
by a fine not less than three hundred fifty dollars($350) nor more than seven hundred
dollars ($700) or imprisonment for a period not to exceed six months, or both; and upon
conviction for a third or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than seven hundred dollars ($700) nor more
than one thousand dollars ($1000) or imprisonment for a period not to exceed six
months, or both. However, for the purposes of conferring jurisdiction upon courts and
judicial officers generally, violations of these Regulations shall be deemed
misdemeanors and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each day’s continued violation shall constitute a separate
additional violation.
§ 282-34. Injunctive Relief
It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of these Regulations. If a person has violated or continues to violate
the provisions of these Regulations, the SMO may petition for a preliminary or
permanent injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the violation.
§ 282-35. Alternative Remedies
A. Where a person has violated a provision of these Regulations, he/she may
be eligible for alternative remedies in lieu of a civil penalty upon recommendation
of the City Attorney and concurrence of the City of Ithaca Stormwater
Management Officer, where:
1. The violation was unintentional
2. The violator has no history of pervious violations of these Regulations.
3. Environmental damage was minimal.
4. The violator acted quickly to remedy the violation.
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5. The violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
1. Attendance at compliance workshops.
2. Storm drain stenciling or storm drain marking.
3. River, stream or creek cleanup activities.
§ 282-36. Remedies Not Exclusive
The remedies listed in these Regulations are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the discretion of
the authorized enforcement agency to seek cumulative remedies.
ARTICLE III
City of Ithaca Stormwater Standards
§ 282-37. Disturbance of more than ½ Acre.
Sites for all land development activities disturbing more than ½ Acre must be stabilized
by means of mulch, vegetation, or equivalent as soon as practicable, and within no
more than 7 days, whenever construction activities have temporarily or permanently
ceased at that site, unless earth-disturbing activities will be resumed within 14 days. In
the case of snow cover or frozen ground, sites should still be mulched, to control runoff
during snowmelt. Maintenance should be performed as necessary to ensure continued
stabilization. Specifications for mulching as well as temporary and permanent
vegetative stabilization can be found in the New York Standards and Specifications for
Erosion and Sediment Control. In addition, land disturbing activities that are subject to
a Basic or Full SWPPP shall be required to comply with any standards contained
therein.
§ 282-38. Disturbance of less than ½ Acre.
Land development activities disturbing less than 1/2 acre may use Appendix E of the
New York Standards and Specifications for Erosion and Sediment Control, called
“Erosion and Sediment Control Plan for Small Homesite Control” to meet the SWPPP
requirement, unless the Storm Water Management Officer requests more detail. In
addition, land disturbing activities that are subject to a Basic or Full SWPPP shall be
required to comply with any standards contained therein.
§ 282-39. Invasive Species Prohibited.
Vegetation planted for the purpose of site stabilization and/or stormwater management
should not include species that are considered “invasive”. Applicants must avoid plants
on lists through qualified sources such as the Invasive Plant Council of New York State,
as well as the Tompkins County Invasive Plant list. Applicants should refer to table H.5
of the New York State Stormwater Management Design Manual for a list of plants native
to New York State which are recommended for stormwater ponds, wetlands, bio-
retention, and other vegetated treatment areas.
§ 282-40. Winter Site Stabilization.
Projects should follow the guidance on Winter Site Stabilization/Site Inspections posted
by DEC, and those projects requiring a Full SWPPP should make use of the water
quality sizing guidelines for cold climates in Appendix I of the New York State
Stormwater Management Design Manual, because the City meets the “rule of thumb” of
having average annual snowfall depth that is greater than average annual precipitation
depth.
§ 282-41. Redevelopment and High Density Projects.
Redevelopment projects and high density projects (in areas zoned for high density)
often make more efficient use of the land, and may reduce overall impacts to natural
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areas. This regulation is not intended to create a disincentive for such projects. The
Stormwater Management Officer can allow some degree of flexibility for such projects,
so long as the minimum New York State standards are met. Chapter 9 of the New York
State Stormwater Management Design Manual (currently a draft) should be followed for
redevelopment projects.
§ 282-42. Discharge of Untreated Stormwater.
Land development activities shall not discharge untreated stormwater directly into a
jurisdictional wetland or natural water body without adequate treatment, nor modify
jurisdictional wetlands for stormwater impoundment. Silt fence shall not be placed
within 50 feet of a wetland boundary.
§ 282-43. Stormwater Design Manual.
The City of Ithaca notes that Chapter 7 of the Stormwater Design Manual provides
helpful charts and criteria to guide selection of appropriate stormwater management
practices for a site. Applicants should consider these criteria while selecting practices.
§ 282-44. Installation in Phases.
If a project is composed of separate and distinct phases, the stormwater management
practices may also be installed in phases, but the standards of this regulation must be
met during all phases.
§ 282-45. Shared Off-Site Stormwater Control Areas.
Off-site stormwater control areas may be shared between two or more property owners
or developments, provided that the Stormwater Management Officer has approved the
design and the required maintenance agreements, and the required easements have
been obtained and recorded.
§ 282-46. Non-structural Stormwater Management Practices.
To the maximum extent practicable, stormwater management objectives shall be met by
incorporating nonstructural stormwater management strategies into the project design.
Non-structural practices reduce the need for expensive and high maintenance
stormwater management facilities, and thereby are a benefit to the applicant and to the
City of Ithaca. The following non-structural strategies should be applied wherever
possible:
A. Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss.
B. Maximize the protection of natural drainage features and vegetation.
C. Minimize land disturbance including clearing and grading.
D. Minimize impervious surfaces and break up or disconnect the flow of
runoff over impervious surfaces.
E. Maximize the time of concentration from pre-construction to post
construction. "Time of concentration" is defined as the time required for
water to flow from the most remote point of the site area (in time of flow) to
the outlet.
F. Favor movement of water through the site as sheet flow through vegetated
areas, rather than concentrated flows.
G. Provide vegetated open-channel conveyance systems discharging into
and through stable vegetated areas.
H. Provide low-maintenance landscaping that encourages retention and
planting of native vegetation and minimizes the use of fertilizers and
pesticides.
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I. Provide other source controls to prevent or minimize the use or exposure
of pollutants at the site, in order to prevent or minimize the release of
those pollutants into stormwater runoff.
§ 282-47. Better Site Design.
DEC has identified a set of 18 “Better Site Design Practices” which can reduce the
impacts of a project, and also often reduce costs. Many of these practices will result in
smaller required stormwater treatment and storage volumes. These are generally non-
structural or smaller scale practices than those described in the Stormwater Design
Manual. Recommended Better Site Design practices are described in the DEC
document called “Better Site Design.”
A. The City of Ithaca requires that projects disturbing less than 1 acre must
choose at least 2 of these practices to apply, and
B. Projects disturbing 1 acre or more must apply at least 4 of these
techniques.
C. If the applicant contends that the minimum number of practices cannot be
incorporated into project design due to site limitations, the applicant shall explain
such limitations. If the limitations are due to conflict with other City of Ithaca
regulations, the Stormwater Management Officer will work with the applicant to
the extent possible.
§ 282-48. Stormwater Credits.
The DEC has also identified a set of 6 practices, (several of which overlap with the
“Better Site Design Practices” above), which qualify for Stormwater Credits. If these
practices are implemented as described in the document titled “The Use and
Implementation of Stormwater Credits,” they can result in a calculated reduction in the
water quality treatment volume, and occasionally in the water quantity storage volumes,
required for projects subject to a Full SWPPP.
A. The six credits are for the following practices:
1. Natural Area Conservation
2. Stream and Wetland Buffers
3. Vegetated Open Channels
4. Overland Flow Filtration to Groundwater Recharge Zones
5. Environmentally Sensitive Rural Development
6. Riparian Reforestation
B. These practices must be implemented as described in “The Use and
Implementation of Stormwater Credits.”
C. These practices must be reviewed and approved by the City of Ithaca
before the credit can be taken.
D. DEC’s procedure for application of these credits is currently evolving.
Projects making use of credits may require a 60 day review by DEC
and/or a letter from the City of Ithaca certifying that the credit has been
applied correctly.
E. Applicants should make use of these credits wherever site conditions
permit.
§ 282-49. Written Agreements.
Any non-structural strategy applied that requires continued protection or maintenance in
order to function over the long term should include an appropriate written agreement to
ensure such protection or maintenance—either by means of an easement, maintenance
agreement, deed restriction, or dedication to an appropriate government agency or land
trust, as approved by the reviewing board.
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§ 282-50. Infiltration Requirements
The following applies to projects requiring a Full SWPPP. In order to maximize
groundwater recharge and reduce runoff, infiltration practices should be used where site
conditions permit. If more than 50% of the soil at a project site is shown as hydrologic
group A or B in the county soil survey, the applicant must do one of the following:
A. Conduct a preliminary screening to determine whether the site meets the
criteria for infiltration practices. The preliminary screening involves checking the
most detailed current NRCS soil survey (available in paper form, by contacting
the local Soil and Water Conservation District office to determine whether the
infiltration practice criteria described in the Stormwater Design Manual are met.
If the soil characteristics show that the criteria are likely to be met, the applicant
must continue feasibility testing as described in Appendix D of the Stormwater
Design Manual, and move forward with an infiltration practice if the site passes
both Initial Feasibility and Concept Design testing. If at any point infiltration is
determined infeasible, proceed to option 2 below.
B. Apply a combination of site appropriate Better Site Design Practices
and/or Stormwater Credits that will result in sufficient infiltration of stormwater
runoff, as approved by the Stormwater Management Officer.
C. However, stormwater from high pollutant loading areas or stormwater
hotspots or industrial stormwater exposed to source material shall not be
infiltrated.
Section 2. Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of
this local law shall be judged invalid by a court of competent jurisdiction, such order of
judgment shall not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this local law.
Section 3. Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of State or
as of January 8, 2008, whichever is later.
Alderperson Coles explained the purpose of this legislation and thanked Environmental
Engineer Scott Gibson and City Attorney Hoffman for their careful reading and editing of
the Ordinance.
Mayor Peterson explained that this is an unfunded mandate and that forms and
procedures need to be established including the designation of a Stormwater
Management Officer to review proposed plans. The City will assign existing staff to that
role for now.
Alderperson Dotson noted that weather changing conditions will result in problems with
stormwater management and it is very important for Common Council to consider these
issues.
City Attorney Hoffman explained local law procedures that include laying the local law
on the table for consideration. He noted that a change was made to Section 282-8B –
Mayor to designate a Stormwater Management Officer, after the law was laid on the
table. He explained that the Mayor will make this designation by January 8, 2008 and
concluded that this was not a substantive change to the law, just a postponement of the
selection of the Stormwater Management Officer and advised Common Council to vote
on it tonight. He stated that once the designation is made, the local law will be
amended to reflect the appointment.
A Vote on the Local Law resulted as follows:
Carried Unanimously
December 5, 2007
114
11.5 Chamberlain’s Office - A Local Law to Amend Section 300-26(B)(1) of
Chapter 300 entitled “Taxation” of the City of Ithaca Municipal Code, providing for
an increase in the Disability Real Property Tax Exemption
By Alderperson Coles: Seconded by Alderperson Korherr
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, Section 300-26(B)(1) of Article V Entitled “Disability Exemption” of the City
of Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain disabled persons.
Local Law - 2007
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section 300-26 B (1) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of
New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by husband and wife, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in § 459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
Annual Income of Owner Percentage Assessed or Combined Annual Valuation Exempt
Income of Owners From Taxation
Up to but less than $27,000 [$26,000] 50%
Up to but less than $28,000 [$27,000] 45%
Up to but less than $29,000 [$28,000] 40%
Up to but less than $30,000 [$29,000] 35%
Up to but less than $30,900 [$29,900] 30%
Up to but less than $31,800 [$30,800] 25%
Up to but less than $32,700 [$31,700] 20%
Up to but less than $33,600 [$32,600] 15%
Up to but less than $34,500 [$33,500] 10%
Up to but less than $35,400 [$34,400] 5%
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase, or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction then that decision shall
not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Alderperson Clairborne stated that this legislation does not make reference to domestic
partners and wondered if there was any movement from the State that would allow the
City to include domestic partners in this exemption.
City Attorney Hoffman explained that State law has not changed and the Tompkins
County Assessment Department has asserted that they will follow the State law as
written. He further stated that Common Council could pass a resolution or the Mayor
could write a letter to encourage the State legislature to change their law to reflect the
addition of domestic partners.
December 5, 2007
115
Alderpersons Clairborne and Coles volunteered to work on drafting correspondence to
the State Legislature.
A Vote on the Local Law resulted as follows:
Carried Unanimously
11.6 An Ordinance to Amen Sections 300-1(A)(1) and 300-2(A) of Chapter 300
entitled “Taxation” of the City of Ithaca Municipal Code, regarding a Real Property
Tax Exemption for Senior Citizens
By Alderperson Coles: Seconded by Alderperson Cogan
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Pursuant to an increase in the income ceilings at the State level for tax
exemptions for senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled
Senior Citizens Exemption of the City of Ithaca Municipal Code shall be amended to
increase the amount of the partial real property tax exemption for certain senior citizens,
as follows:
§ 300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of
New York, real property in the City of Ithaca owned by one or more persons, each of
whom is 65 years of age or over, or real property owned by husband and wife or by
siblings, one of whom is sixty-five years of age or over, shall be partially exempt from
taxation by the city based upon the income of the owner or the combined incomes of the
owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner or Assessed Valuation
Combined Annual Income of Owners Exempt From Taxation
Up to but less than $27,000 [$26,000] 50%
Up to but less than $28,000 [$27,000] 45%
Up to but less than $29,000 [$28,000] 40%
Up to but less than $30,000 [$29,000] 35%
Up to but less than $30,900 [$29,900] 30%
Up to but less than $31,800 [$30,800] 25%
Up to but less than $32,700 [$31,700] 20%
Up to but less than $33,600 [$32,600] 15%
Up to but less than $34,500 [$33,500] 10%
Up to but less than $35,400 [$34,400] 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
§ 300-2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $35,400 [$34,400] for the income tax year immediately preceding
the date of making application for exemption as consistent with the schedule provided in
§ 300-1A. "Income tax year" shall mean a twelve-month period for which the owner or
owners filed a federal personal income tax return or, if no such return is filed, the
calendar year. Where title is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include social security and
retirement benefits, interest, dividends, total gain from the sale or exchange of a capital
asset in the same income tax year, net rental income, salary or earnings and net
income from self-employment but shall not include a return of capital, gifts or
inheritances. In computing net rental income and net income from self-employment, no
depreciation deduction shall be allowed for the exhaustion, wear and tear of real or
personal property held for the production of income.
December 5, 2007
116
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Alderperson Dotson stated that the same comment regarding domestic partners applies
to this legislation as well.
A Vote on the Ordinance resulted as follows:
Carried Unanimously
11.7 Authorization of Grant Submission to the NYS Department of State 2007
Environmental Protection Fund (EPF) Local Waterfront Revitalization Program for
the Construction of a Portion of the Cayuga Waterfront Trail and the Creation of a
‘green street’ along Willow Avenue and an Increase in Capital Project # 445 –
Resolution
By Alderperson Coles: Seconded by Alderperson Tomlan
WHEREAS, the New York State Department of State has announced the availability of
grant applications under the 2007 Environmental Protection Fund’s Local Waterfront
Revitalization Program, and
WHEREAS, in September 2007 City completed the Cayuga Waterfront Trail Phase 3
Feasibility Study, which was funded under the same grant program, and
WHEREAS, the Common Council is desirous of submitting an application to implement
the feasibility study for the construction of the Cayuga Waterfront Trail Phase 3 and the
creation of a ”green street” along Willow Avenue
WHEREAS, total construction cost to implement said feasibility study is estimated at
$157,940 with 50% of the cost paid by New York State and a matching City cost; now,
therefore, be it
RESOLVED, That the Director of Planning & Development for the City of Ithaca, is
hereby authorized and directed to file an application for funds from the New York State
Department of State in accordance with the provisions of Title 11 of the Environmental
Protection Act of 1993 in an amount not to exceed $78,970, and upon approval of said
request the Mayor is authorized to enter into and execute a project agreement with the
State for such financial assistance to the City of Ithaca for the construction of a portion
of the Cayuga Waterfront Trail and the creation of a “green street” along Willow Avenue,
and be it further
RESOLVED, That the local share of this grant application will be derived from City of
Ithaca financing, and be it further
RESOLVED, That Common Council hereby amends Capital Project #445 by an amount
not to exceed of $157,940 for a total project authorization of $2,542,816, and be it
further
RESOLVED, That the additional $157,940 shall be funded up front by the City with the
later repayment of $78,970 by New York State, and be it further
RESOLVED, That the City’s $78,970 final cost shall be derived from a General Fund
advance with later repayment by the issuance of Serial Bonds.
Extensive discussion followed on the floor regarding the costs to the City associated
with the submission of the grant application as well as the benefits that would result
from the grant. Alderperson Dotson inquired as to whether there was time to add
additional components to the grant application such as the renovation of the Willow
Avenue pedestrian bridge and the extension of the trail to the Farmer’s Market. Further
December 5, 2007
117
discussion followed on the floor regarding the impact these additions could have on the
grant review and funding process.
Amending Resolution
By Alderperson Dotson: Seconded by Alderperson Berry
RESOLVED, That the Resolution be amended to read as follows:
“WHEREAS, the New York State Department of State has announced the availability of
grant applications under the 2007 Environmental Protection Fund’s Local Waterfront
Revitalization Program, and
WHEREAS, in September 2007 City completed the Cayuga Waterfront Trail Phase 3
Feasibility Study, which was funded under the same grant program, and
WHEREAS, the Common Council is desirous of submitting an application to implement
the feasibility study for the construction of the Cayuga Waterfront Trail Phase 3 [and],
including the creation of a ”green street” along Willow Avenue, the renovation of the
Willow Avenue pedestrian bridge over Cascadilla Creek, and the extension of the Trail
to the Ithaca Farmers Market, and
WHEREAS, total construction cost to implement said feasibility study is estimated at
[$157,940] $242,755 with 50% of the cost paid by New York State and a matching City
cost; now, therefore, be it
RESOLVED, That the Director of Planning & Development for the City of Ithaca is
hereby authorized and directed to file an application for funds from the New York State
Department of State in accordance with the provisions of Title 11 of the Environmental
Protection Act of 1993 in an amount not to exceed [$78,970] $121,378, and upon
approval of said request the Mayor is authorized to enter into and execute a project
agreement with the State for such financial assistance to the City of Ithaca for the
construction of a portion of the Cayuga Waterfront Trail [and], including the creation of a
“green street” along Willow Avenue, the renovation of the Willow Avenue pedestrian
bridge over Cascadilla Creek , and the extension of the Trail to the Ithaca Farmers
Market, and be it further
RESOLVED, That the local share of this grant application will be derived from City of
Ithaca financing, and be it further
RESOLVED, That Common Council hereby amends Capital Project #445 by an amount
not to exceed of[$157,940] $242,755 for a total project authorization of [$2,542,816],
$2,627,631 and be it further
RESOLVED, That the additional [$157,940] $242,755 shall be funded up front by the
City with the later repayment of [$78,970] $121,378 by New York State, and be it further
RESOLVED, That the City’s [$78,970] $121,378 final cost shall be derived from a
General Fund advance with later repayment by the issuance of Serial Bonds, and be it
further
RESOLVED, That the renovation of the pedestrian bridge over Cascadilla Creek and
the extension of the Trail, from the bridge to the Ithaca Farmer’s Market, shall be
included only if it is feasible for staff to add it to the grant proposal at this time; if
inclusion of this section is not deemed feasible by staff, Capital Project #445 shall be
increased by $157,940 with $78,970 repayment by New York State, to a total project
authorization of $2,542,816.”
City Planner Nicholas reported that the grant application needs to be submitted by
Friday, December 7, 2007 but that she would do what she could to add the additional
components to the grant application.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
December 5, 2007
118
Main Motion As Amended:
A Vote on the Main Motion Resulted as follows:
Carried Unanimously
11.8 The Serious Local and Statewide Problems Caused by Worker
Misclassification and Recommendations for Dealing with these Problems –
Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, misclassification occurs when, in the hiring process, an employer
improperly classifies a worker as an independent contractor, and
WHEREAS, responsible employers may misclassify workers accidentally, less
scrupulous employers are willing to risk possible penalties and intentionally misclassify
workers because misclassification results in lower labor costs, limited liability, and unfair
competitive advantage, and
WHEREAS, a study conducted by Cornell University's School of Industrial Labor
Relations based on audits conducted by New York State's Department Of Labor
Unemployment Insurance Division from 2002-2005 found that an estimated 39,587 New
York employers within the audited industries misclassified workers as independent
contractors each year, and that approximately 14.9% of these were construction
industry employers, and
WHEREAS, the Cornell Study further established that approximately 704,785 workers,
or 10.3% of New York State's private sector workforce in these audited industries are
misclassified each year, and
WHEREAS, approximately 45,474 construction workers or 14.8% of the construction
workforce in New York State are misclassified in a given year, and
WHEREAS, misclassification denies many workers protections and benefits to which
they are entitled; enables unscrupulous employers to ignore labor standards;
destabilizes the business climate by creating an un-even playing field for law-abiding
businesses who face unfair competition, and
WHEREAS, for all New York State tax payers, misclassification costs government at all
levels substantial, uncollected revenues and resources needed for vital programs and
services amounting to $175 million in unemployment insurance taxes each year; now,
therefore, be
it
RESOLVED, The Mayor and the Common Council of the City of Ithaca, New York
support the Governor’s Executive Order, Establishing The Joint Enforcement Task
Force on Employee Misclassification, and urge Governor Eliot Spitzer, State Senator
George Winner and Assemblywoman Barbara Lifton to enforce State Labor Laws fully,
especially in those industries where misclassification is endemic; that State Labor
guidelines be clarified; that employee protections be extended to independent
contractors; that more resources be allocated for enforcement of labor laws; that state
agencies be urged to engage in information-sharing; that outreach and education efforts
currently in place on this issue be extended, and, be it further
RESOLVED, That the City Clerk send copies of this resolution to Governor Eliot Spitzer,
Senator George H. Winner and Assemblywoman Barbara Lifton.
Alderperson Coles stated that additional information on this resolution is available to
Council members if they would like it.
Alderperson Berry stated that this is an excellent resolution and she is appreciative of
the research that has been conducted and the resulting action items.
Alderperson Coles reported that the City of Ithaca is not in violation of this issue.
A Vote on the Resolution resulted as follows:
Carried Unanimously
December 5, 2007
119
11.9 Human Resources - Change in Fringe Benefits for Managerial Personnel –
Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca entered into a Collective Bargaining Agreement (CBA)
with the CSEA Administrative Unit on September 14, 2007, and
WHEREAS, the CBA eliminates Lincoln’s birthday and adds a Floating Holiday for
employees covered under this agreement, and
WHEREAS, it is the City of Ithaca’s desire to provide services on Lincoln’s birthday, as
does all other local employer’s, and
WHEREAS, the Fringe Benefits for Managerial Personnel include recognition of
Lincoln’s birthday and the City wishes to have managerial staff available on that day to
provide services; now, therefore be it
RESOLVED, That Common Council hereby authorizes the elimination of Lincoln’s
birthday in the Fringe Benefits for Managerial Personnel and adds one (1) additional
annual leave day to be applied on February 1 of each year.
Alderperson Clairborne recused himself from a vote as his wife is a member of the
City’s management staff.
Mayor Peterson explained that currently City offices are closed on both President
Lincoln‘s birthday and President’s Day.
A Vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Berry, Zumoff, Tomlan, Gelinas, Townsend,
Korherr, Cogan
Nays (0)
Abstentions (1) Clairborne
Carried
11.10 Finance/Controller’s Office - Approval of 2005 Single Audit Report –
Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2005
through December 31, 2005, prepared by the accounting firm of Ciaschi, Dietershagen,
Little and Mickelson, C.P.A.’s, be accepted to comply with all of the city’s applicable
Governmental Accounting Standards Board (GASB) Statement 34 and other related
audit and single audit requirements.
Alderperson Coles reported that the Controller’s Office has made great strides in
completing these audit requirements.
Carried Unanimously
11.11 Finance/Controller’s Office – Approval of Bond Resolution
A Resolution Authorizing the Issuance of $5,031,352 Bonds of the City of Ithaca,
Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in
and for Said City
By Alderperson Coles: Seconded by Alderperson Tomlan
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
December 5, 2007
120
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $5,031,352 bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
serial bonds to be authorized therefore, the period of probable usefulness of each, and
whether said capital improvements are each a specific object or purpose or a class of
objects or purposes is as follows:
a) Sidewalk, brick and concrete improvements throughout and in and for said City,
at a maximum estimated cost of $120,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of $120,000
bonds of the $5,031,352 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of
paragraph a of Section 11.00 of the Local Finance Law;
b) Reconstruction design of Ithaca Commons Pedestrian Mall, relating to utility
replacement, electrical upgrades and new site amenities, at a maximum estimated cost
of $250,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $250,000 bonds of the $5,031,352
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62nd of paragraph a of Section 11.00 of the
Local Finance Law;
c) East Clinton Street Bridge improvement design, at a maximum estimated cost of
$118,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $118,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62nd of paragraph a of Section 11.00 of the
Local Finance Law;
d) Prospect Street reconstruction design, at a maximum estimated cost of $71,000.
It is hereby determined that the plan for the financing of such specific object or purpose
shall consist of the issuance of $71,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 5 years,
pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local Finance Law;
e) Southwest Urban Neighborhood planning and design, at a maximum estimated
cost of $275,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $275,000 bonds of the $5,031,352
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62nd of paragraph a of Section 11.00 of the
Local Finance Law;
f) Stewart Avenue reconstruction design, at a maximum estimated cost of
$270,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $270,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62nd of paragraph a of Section 11.00 of the
Local Finance Law;
g) Seacord Building demolition, including incidental expenses in connection
therewith, at a maximum estimated cost of $80,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the issuance of
$80,000 bonds of the $5,031,352 bonds of said City authorized to be issued pursuant to
this bond resolution. It is hereby determined that the period of probable usefulness of
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the aforesaid specific object or purpose is 10 years, pursuant to subdivision 12-a of
paragraph a of Section 11.00 of the Local Finance Law;
h) East State Street reconstruction design, at a maximum estimated cost of
$15,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $15,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62nd of paragraph a of Section 11.00 of the
Local Finance Law;
i) Truck lift replacement at the Department of Public Works garage, including
incidental expenses, at a maximum estimated cost of $170,000. It is hereby determined
that the plan for the financing of such specific object or purpose shall consist of the
issuance of $170,000 bonds of the $5,031,352 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to
subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law;
j) Wood Street Skate Park renovation, including roller park, rest rooms, lights,
benches, and other incidental improvements, at a maximum estimated cost of
$100,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $100,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of
the Local Finance Law;
k) Cass Park Rink renovation design, relating to rink floor, refrigeration
improvement and rink enclosure, at a maximum estimated cost of $45,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $45,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 5 years,
pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local Finance Law;
l) Purchase of equipment for construction and maintenance purposes, each item of
which costs $30,000 or more, including incidental equipment, at a maximum estimated
cost $329,000. It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $329,000 bonds of the $5,031,352
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the
Local Finance Law;
m) Purchase of police vehicles to replaces those in service at least one year,
including incidental equipment, at a maximum estimated cost $129,000. It is hereby
determined that the plan for the financing of such class of objects or purposes shall
consist of the issuance of $129,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is 3
years, pursuant to subdivision 77 1st of paragraph a of Section 11.00 of the Local
Finance Law;
n) Replacement of pumper fire fighting vehicle, including equipment and incidental
expenses in connection therewith, at a maximum estimated cost to the City of $500,000.
It is hereby determined that the plan for the financing of such specific object or purpose
shall consist of the issuance of $500,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 20 years,
pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law;
o) Fire Department fire alarm system upgrade, including incidental expenses in
connection therewith, at a maximum estimated cost of $70,000. It is hereby determined
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122
that the plan for the financing of such specific object or purpose shall consist of the
issuance of $70,000 bonds of the $5,031,352 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 10 years, pursuant to
subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law;
p) Multiple fire station improvements, including concrete work, kitchen
improvements, skylight upgrades, and incidental equipment and expenses in connection
therewith, at a maximum estimated cost of $275,000. It is hereby determined that the
plan for the financing of such class of objects or purposes shall consist of the issuance
of $275,000 bonds of the $5,031,352 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to
subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law;
q) Purchase of a staff vehicle for the Fire Department, including incidental
equipment and expenses in connection therewith, at a maximum estimated cost of
$50,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $50,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 10 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the
Local Finance Law;
r) Sidewalk improvements to 100 Block North Aurora Street, including curbs, trees,
lighting and underground conduit, and incidental expenses in connection therewith, at a
maximum estimated cost of $101,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $101,000
bonds of the $5,031,352 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph
a of Section 11.00 of the Local Finance Law;
s) Planning and design for sediment removal for the inlet, flood control and creeks
throughout and in and for said City, at a maximum estimated cost of $28,352. It is
hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $28,352 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 5 years,
pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local Finance Law;
t) Emergency facility reconstruction at the GIAC Building, in and for said City,
including concrete structure improvements, door replacements, boiler replacement, and
incidental improvements, equipment and expenses, at a maximum estimated cost of
$306,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $306,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of
the Local Finance Law;
u) Collegetown urban plan and design, at a maximum estimated cost of $75,000. It
is hereby determined that the plan for the financing of such specific object or purpose
shall consist of the issuance of $75,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 5 years,
pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local Finance Law;
v) Stormwater site improvements at water and sewer facilities, including survey
work, installation of catch basins, fence replacement, repavement of site parking and
stock yard, and incidental improvements and expenses, at a maximum estimated cost
of $260,000. It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $260,000 bonds of the $5,031,352
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
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123
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the
Local Finance Law;
w) Purchase of a solid waste garbage truck/packer body replacement for
maintenance purposes, including incidental expenses, at a maximum estimated cost of
$94,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $94,000 bonds of the $5,031,352 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the
Local Finance Law; and
x) Ithaca Area Wastewater Treatment Plant improvements, including roof repairs,
brick repairs, concrete repairs, structural repairs, concrete deck waterproofing, and
other incidental expenses, at a maximum estimated cost of $1,300,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $1,300,000 bonds of the $5,031,352 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 40 years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $5,031,352, and the plan for the financing thereof is by the issuance of the
$5,031,352 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance Section 1 hereof.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 5. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as the City Controller shall deem best for the interests of the City; including, but not
limited to, the power to sell said serial bonds to the New York State Environmental
Facilities Corporation.
Section 6. The City Controller is hereby further authorized, at his sole discretion, to
execute a project financing and/or loan agreement, and any other agreements with the
New York State Department of Health and/or Department of Environmental
Conservation and the New York State Environmental Facilities Corporation, including
amendments thereto, and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing or refinancing of the class of objects
or purposes described in Section 1 hereof, or a portion thereof, by a serial bond issue of
said City in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 7. The intent of this resolution is to give the City Controller sufficient authority
to execute those agreements, instruments or to do any similar acts necessary to effect
the issuance of the aforesaid serial bonds without resorting to further action of this
Common Council.
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Section 8. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby
delegated to the City Controller. Such notes shall be of such terms, form and contents
as may be prescribed by said City Controller consistent with the provisions of the Local
Finance Law.
Section 9. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 12. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
Alderperson Coles explained that the City of Ithaca borrows funds twice a year, once in
January and once in July. This bond is to fund projects already approved since the last
issuance of bonds.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles Voting Aye Alderperson Dotson Voting Aye
Alderperson Berry Voting Aye Alderperson Clairborne Voting Aye
Alderperson Tomlan Voting Aye Alderperson Zumoff Voting Aye
Alderperson Gelinas Voting Aye Alderperson Townsend Voting Aye
Alderperson Korherr Voting Aye Alderperson Cogan Voting Aye
Carried Unanimously
The resolution was thereupon declared duly adopted.
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125
11.12 Fire/Controller’s Office – Request to Extend City/Town Fire Protection
Contract and Authorize to Sign MOU – Resolution
By Alderperson Coles: Seconded by Alderperson Berry
WHEREAS, the current five year City of Ithaca and Town of Ithaca Fire Protection
Contract expires December 31, 2007, and
WHEREAS, both sides have met to negotiate a new contract but will not be able to
complete the process prior to December 31, 2007, and
WHEREAS, the provisions of said contract will continue in force at the 2007 payment
level while negotiations on the terms and conditions of a new contract continue; now,
therefore be it
RESOLVED, That the terms and conditions of the existing contract be extended through
March 31, 2008 per attached Memorandum of Understanding (MOU), and be it further
RESOLVED, That Common Council authorizes the Mayor to execute the attached MOU
for said contract extension.
Mayor Peterson reported that the City is in active negotiations with the Town of Ithaca
but the year is ending very quickly and urged Council to support this contract extension.
A Vote on the Resolution resulted as follows:
Carried Unanimously
12. ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE:
No items were submitted for the agenda
13. REPORT OF SPECIAL COMMITTEES:
Mayor Peterson reported that Charter Review and Comprehensive Plan committees are
starting initial reviews of projects and meetings are ongoing.
Mayor Peterson reported that in January/February, 2008 a report will be issued from the
City/Town Joint Study Group.
Motion to Extend Meeting:
By Alderperson Gelinas: Seconded by Alderperson Cogan
RESOLVED, That the meeting be extended to 11:30 p.m.
Carried Unanimously
15. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15.1 Alderperson Cogan - Four (4)-Month Exemption from City Code Section
164-9 “Leash Law” for a Portion of the Festival Lands
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, on October 4, 2006, Common Council approved a temporary rescission of
the “leash law” at the City-owned “Festival Lands” adjacent to Allan H. Treman State
Marine Park, starting on December 1, 2006, and extending until December 1, 2007; and
WHEREAS, the Board of Public Works subsequently promulgated and posted rules for
use of the temporary Off-Leash Dog Area (OLDA); and
WHEREAS, on January 3, 2007, Common Council approved a resolution whereby:
(1) Council declared its intention “to find a suitable site, within or in close
proximity to the City, where a permanent, safe and attractive off-leash area for
dogs could be located, without significant impact on the environment;”
(2) in response to concerns about possible bird-nesting in the so-called “tall
grass” (unmowed) parts of the Festival Lands, Council directed that the
boundaries of the OLDA be modified to exclude the tall grass areas (as well as a
trail leading toward the Lake);
(3) Council declared that the decision to create a temporary OLDA was a Type II
action exempt from environmental review;
(4) Council declared that a decision to create a permanent OLDA - at the Festival
Lands or at either of two other City-owned sites listed as possibilities (land south
of Cherry Street, along the Flood Control Channel, and a portion of the substitute
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park land south of the NYS fish ladder on the Cayuga Inlet) - would be an
Unlisted Action, subject to environmental review;
(5) Council declared its intention to be lead agency for the environmental review
of the proposal that the City create a permanent OLDA (which intention was not
contested by any other involved agency);
(6) Council directed the Planning Department to identify and evaluate at least
three potential locations (including those cited above) for a permanent OLDA,
which evaluation was to include collection and analysis of data regarding the
actual interaction of off-leash dogs at the Festival Lands site with nearby areas of
wildlife habitat;
(7) Council reiterated its intention “to collaborate with office of New York State
Parks, in an attempt to address and resolve the interests of the two governmental
entities, with regard to use of the Festival Lands, the need for a suitable off-leash
dog area and the need to protect the natural environment;” and
WHEREAS, to date, the above-referenced environmental review has not been
completed, and funding for the estimated cost thereof has not been allocated; and
WHEREAS, a field study of the behavior of off-leash dogs at the temporary OLDA (at
the Festival Lands) was conducted by a consultant retained by the City over the course
of 19 days (and at various times during the day, for a total of 35 observations) during
August 2007; and
WHEREAS, in the draft report on the study, it is reported that:
(1) not including 5 observations on the first 2days of the study (when the OLDA
boundary signs were missing), a total of 222 dogs were seen within the
OLDA, on 30 occasions;
(2) during the same observation periods, a total of 54 off-leash dogs were seen
outside of the designated boundaries of the OLDA;
(3) of these 54 dogs, 23 were seen on the mowed lawn of the adjacent State
Park, 18 were observed to be “in the natural area known as “Hogs Hole”
(recently explained by Peter Trowbridge to mean that these dogs were
observed to leave the path located east of the Hogs Hole wetland area and
adjacent woods, and to enter the wooded area), and 13 were observed to be
on State Park lands “near the Lake shore”;
(4) over the course of the study, no dogs at all (leashed or unleashed) were
observed in the tall-grass areas;
(5) over the course of the study, only 2 instances of what the observer deemed to
be “inappropriate” dog behavior (e.g., biting or threatening actions) were
observed (both within the OLDA), while 10 instances of “moderately
appropriate” dog behavior (dogs uncontrolled but no harmful behavior toward
other dogs or humans) were observed (all but one occurring inside the
OLDA);
and
WHEREAS, the draft report does not indicate whether the presence or behavior of
unleashed dogs outside the boundaries of the designated OLDA had an observable
impact on the natural environment, which question would need to be addressed in any
environmental review; and
WHEREAS, some citizens have expressed concern that they are unable to enjoy the
Treman State Marine Park, and particularly the areas near the lake shore, without
having unwelcome encounters with off-leash dogs outside of the designated OLDA
(especially within the unfenced corridor that must be traversed to reach the area of the
State Park overlooking or along the lake shore, which corridor was intended to be kept
free of unleashed dogs, per the posted rules); and
WHEREAS, the NYS Office of Parks, Recreation and Historical Preservation has
expressed its strong opposition to the temporary OLDA at the Festival Lands and has
simultaneously sought to secure title to a parcel of land on the Inlet Island, currently
owned by the NYS Department of Environmental Conservation, which is important to
the City with regard to any comprehensive redevelopment of the northerly portion of
Inlet Island; and
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WHEREAS, at a meeting in September 2007, called by the Mayor to explore a more
collaborative approach to matters involving the City and State Parks, representatives of
State Parks reiterated the agency’s concerns about the current OLDA, and proposed
that the City grant State Parks authority to manage (but not own) the Festival Lands on
a long-term basis, consistent with the Master Plan for Treman State Marine Park, in
exchange for which State Parks would drop its pursuit of the DEC parcel on Inlet Island,
clearing the way for City acquisition; and
WHEREAS, discussions between the City and State Parks are ongoing, and appear to
offer the possibility of cooperation with regard to several other important matters of past
or current concern, as well as the eventual possibility of a permanent OLDA, designed
and managed by State Parks, at a suitable location within the Festival Lands/State Park
complex; and
WHEREAS, representatives of State Parks have indicated that while the agency does
not support any extension of the current, temporary OLDA at the Festival Lands, a short
extension over the winter months should not jeopardize the ongoing discussions and
negotiations regarding management of the Festival Lands and the DEC parcel on Inlet
Island, and
WHEREAS, the current exemption of the Leash Law at the OLDA expired December 1,
2007; now therefore be it
RESOLVED, That Council hereby determines that a short (4-month) renewal of the Off-
Leash Dog Area (on a portion of the Festival Lands), over the coming winter months
(when use of the area can be expected to decline due to weather factors, and in light of
the fact that observed behavior of off-leash dogs indicates virtually no use of the tall-
grass areas said to be frequented by nesting birds, and relatively few instances of off-
leash dog use of the lake shore or Hogs Hole areas), would be a “minor temporary use
of land having negligible or no permanent impact on the environment,” thus qualifying
as a Type II action under the State Environmental Quality Review Act and the City
Environmental Quality Review Ordinance; and be it further
RESOLVED, That the previous, temporary exemption of a portion of the Festival Lands
from the “leash law” (§164-9 of the Ithaca City Code) will be renewed until April 3, 2008,
by means of an ordinance intended to accompany this resolution; and be it further
RESOLVED, That the Superintendent of Public Works be directed to ensure that a
suitable, temporary, fence with (2) gates is erected approximately along the perimeter of
the designated OLDA including demarcation of a corridor (approximately 20 feet wide,
measured from the top of the marina basin bank) between the adjacent parking area
and the portion of Treman State Marine Park north of the marina basin, which corridor is
intended to be free from off-leash dogs, and that an amount not to exceed $6,000.00
for materials be allocated from 2007 unrestricted contingency monies (Account No.
______) to fund such temporary fencing, and be it further
Extensive discussion followed on the floor regarding the additional costs associated with
the extension of this law and expectations of city staff to erect a fence.
Alderperson Coles stated that she has been struck by the divisiveness that has been
expressed in the community. She stated that although she continues to have serious
concerns regarding the fact that the City is the only municipality supporting the dog
park, she will support the resolution with the hope that the six months will be used to
arrive at a solution.
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Zumoff
RESOLVED, That an additional Resolved Clause be added to read as follows:
“RESOLVED, That Common Council acknowledge the donations already offered for this
project, and that all efforts be made to garner additional support from interested and
involved parties, including users, associated groups, and surrounding municipalities, via
material, in-kind or financial contribution, and be it further”
December 5, 2007
128
Discussion followed on the floor regarding who would be responsible for garnering
additional support (materials, labor, funding), and whether these efforts would be
conducted simultaneously with the erection of the fence or should proceed it.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Mayor Peterson stated that Common Council members need to take action towards
finding a permanent solution. This should have occurred in the last 12 months, but did
not. She further stated that a sub-committee should be created within the Environment
and Neighborhood Quality Committee to focus solely on the dog park issue.
She further voiced her concern that this issue re-appeared as an individual member
filed resolution after Common Council had voted on it on November 28, 2007. She
noted that she no longer desires to use the park as she sustained a serious injury to her
leg when she was knocked over by two large dogs. Despite this fact, she still supports
the creation of a dog park.
Alderperson Korherr explained that the position that the Parks Commission has taken
on this topic further complicates the issue.
Alderperson Tomlan stated that she shares the Mayor’s desire that this item move
forward. She further stated that there is no language in the Resolved clause that
indicates that the City is committing to take action in finding a permanent solution.
Mayor Peterson stated that she is personally committed to finding a permanent off leash
dog area in the City.
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
15.2 Alderperson Cogan - An Ordinance to Amend Chapter 164 of the City of
Ithaca Municipal Code entitled: “Dogs and Other Animals,” Regarding a Four
Month Renewal of the Temporary Exemption of the Leash Requirements for Dogs
in a Portion of the Festival Lands
By Alderperson Cogan: Seconded by Alderperson Zumoff
ORDINANCE 07-
BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as
follows:
SECTION 1. Chapter 164 (“Dogs and Other Animals”), Article III (“Dogs”), Section 164-
9 (“Prohibited Acts”), subsection B, of the City of Ithaca Municipal Code, is hereby
amended to read as follows:
§164-9. Prohibited Acts.
B. Temporary Exemption: Effective as of December 8, 2007, and for the duration of the
period described below, Subdivision A.1, above, shall not apply to owners whose dogs
are off-leash in a so-designated portion of the area owned by the City known as the
“Festival Lands,” consisting of approximately 15 acres, which area is Lands are
adjacent to Allan H. Treman State Marine Park and which area is are shown as “Parcel
B” on a survey map of Cass Park dated August 15, 2001, by T.G. Miller, PC, provided
that such owners are in compliance with all rules and regulations established by the
Board of Public Works for such off-leash area. An annotated copy of the
aforementioned map (or the portion showing the “Festival Lands”), with the designated
off-leash area demarcated thereon, shall be maintained in the office of the City Clerk
and posted at said off-leash area. This exemption shall continue until December 1,
2007 April 3, 2008, unless extended by Common Council.
December 5, 2007
129
SECTION 2. Severability. Severability is intended throughout and within the provisions
of the 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 3. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Alderperson Cogan explained that this Ordinance will go into effect on December 8,
2007 and the fence will be erected as soon as practical thereafter.
Motion to Extend Meeting:
By Alderperson Korherr: Seconded by Alderperson Gelinas
RESOLVED, That the meeting be extended to 11:40 p.m.
Carried Unanimously
Discussion followed on the floor regarding the timing of the erection of the fence and the
legislation effective date.
Amending Resolution
By Alderperson Tomlan: Seconded by Alderperson Dotson
RESOLVED, That Section 164-9(B) be amended to read as follows:
B. Temporary Exemption: Effective as of the date of completion of the fence and gates
as specified in the Common Council resolution of December 5, 2007, and for duration of
the period described below, Subdivision A.1, above, shall not apply to owners whose
dogs are off-leash in the fenced portion of the area owned by the City known as the
“Festival Lands,” which Lands are adjacent to Allan H. Treman State Marine Park and
which are shown as “Parcel B” on a survey map of Cass Park dated August 15, 2001,
by T.G. Miller, PC, provided that such owners are in compliance with all rules and
regulations established by the Board of Public Works for such off-leash area. This
exemption shall continue until April 3, 2008.”
Alderperson Tomlan explained that she was concerned about this issue dragging on
and is concerned about voting on this without a fence in place.
Alderperson Clairborne stated that he would support the amendment but is concerned
that no one will commit to a time frame for the erection of the fence.
Motion to Call the Question:
By Alderperson Clairborne: Seconded by Alderperson Gelinas
RESOLVED, That the Question be called on the Amending Resolution.
Amending Resolution
A Vote on the Amending Resolution Resulted as follows:
Ayes (7) Coles, Berry, Dotson, Clairborne, Tomlan, Townsend, Cogan
Nays (3) Zumoff, Korherr, Gelinas
Abstentions (0)
Carried
Motion to Extend the Meeting
By Alderperson Clairborne: Seconded by Alderperson Gelinas
RESOLVED, That the meeting be extended to midnight.
Ayes (9) Coles, Dotson, Berry, Clairborne, Zumoff, Tomlan, Gelinas,
Townsend, Cogan
Nays (1) Korherr
Carried
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
December 5, 2007
130
16. MAYOR’S APPOINTMENTS:
By Alderperson Cogan: Seconded by Alderperson Berry
Board of Public Works:
RESOLVED, That Wade Wykstra be reappointed to the Board of Public Works with a
term to expire December 31, 2010, and be it further
Bicycle Pedestrian Advisory Council:
RESOLVED, That David Geraghty be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2010, and be it further
RESOLVED, That Trevor French be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2008, and be it further
Board of Zoning Appeals:
RESOLVED, That Jan deRoos be appointed to the Board of Zoning Appeals to replace
Bill Olney with a term to expire December 31, 2007, and be it further
Cable Access Oversight Committee:
RESOLVED, That Wayles Browne be reappointed to the Cable Access Oversight
Committee with a term to expire December 31, 2010, and be it further
Commons Advisory Board:
RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a
term to expire December 31, 2010, and be it further
RESOLVED, That Joe Wetmore be reappointed to the Commons Advisory Board with a
term to expire December 31, 2010, and be it further
Design Review Board:
RESOLVED, That John Snyder be reappointed to the Design Review Board with a term
to expire December 31, 2010, and be it further
Disability Advisory Council:
RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with
a term to expire June 30, 2010, and be it further
RESOLVED, That Wendy Skinner be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2010, and be it further
Examining Board of Plumbers:
RESOLVED, That Jack Bacon be reappointed to the Examining Board of Plumbers with
a term to expire December 31, 2010, and be it further
Housing Board of Review:
RESOLVED, That John Barradas be reappointed to the Housing Board of Review with
a term to expire December 31, 2010, and be it further
Ithaca Landmarks Preservation Commission:
RESOLVED, That Lynn Truame be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2010, and be it further
RESOLVED, That George Holets be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2010, and be it further
RESOLVED, That Kristen Brennan be reappointed to the Ithaca Landmarks
Preservation Commission with a term to expire December 31, 2010, and be it further
Natural Areas Commission:
RESOLVED, Anna Stalter be reappointed to the Natural Areas Commission with a term
to expire December 31, 2010, and be it further
RESOLVED, Ron Herring be reappointed to the Natural Areas Commission with a term
to expire December 31, 2010, and be it further
December 5, 2007
131
RESOLVED, That F. Robert Wesley be reappointed to the Natural Areas Commission
with a term to expire December 31, 2010, and be it further
Parks Commission:
RESOLVED, Susan Jones be reappointed to the Parks Commission with a term to
expire December 31, 2010, and be it further
RESOLVED, That Rick Manning be reappointed to the Parks Commission with a term
to expire December 31, 2010, and be it further
Planning & Development Board:
RESOLVED, That Jane Marcham be reappointed to the Planning & Development Board
with a term to expire December 31, 2010, and be it further
Public Art Commission:
RESOLVED, That Terry Plater be reappointed to the Public Art Commission with a term
to expire December 31, 2010, and be it further
Rental Housing Advisory Commission:
RESOLVED, That Joyce Muchan be reappointed to the Rental Housing Advisory
Commission with a term to expire December 31, 2010, and be it further
RESOLVED, That David Gersh be reappointed to the Rental Housing Advisory
Commission with a term to expire December 31, 2010, and be it further
Shade Tree Advisory Commission:
RESOLVED, That Monika Roth be reappointed to the Shade Tree Advisory
Commission with a term to expire December 31, 2010, and be it further
RESOLVED, That Keith Vanderhye be reappointed to the Shade Tree Advisory
Commission with a term to expire December 31, 2010, and be it further
Workforce Diversity Advisory Committee:
RESOLVED, That Audrey Cooper be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2010, and be it further
RESOLVED, That Satomi Hill be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2010, and be it further
Youth Bureau Board:
RESOLVED, That Joan Spielholz be reappointed to the Youth Bureau Board with a
term to expire December 31, 2010, and be it further
RESOLVED, That William Murphy be reappointed to the Youth Bureau Board with a
term to expire December 31, 2010, and be it further
RESOLVED, That Lizzy Noonan-Pomada be appointed to the Youth Bureau Board to fill
a vacancy with a term to expire December 31, 2008.
Carried Unanimously
TCAT Board of Directors:
By Alderperson Zumoff: Seconded by Alderperson Clairborne
RESOLVED, That Alderperson Dotson be appointed to the TCAT Board of Directors to
fill a vacancy with a term to expire December 31, 2010.
Ayes (9) Coles, Berry, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Korherr, Cogan
Nays (0)
Abstentions (1) Dotson
Carried
December 5, 2007
132
REPORT OF CITY CONTROLLER:
City Controller Thayer reported to Common Council on the following items:
Sales Tax Revenue: Overall up 6.4%. The October collections were down 5.2% from
2006. On this pace the City will be under budget by $54,000. The collections for the
year have been up and down like the economy. He is concerned that the economy is
not in good shape and will have a negative impact on the City’s revenues for 2007 and
into 2008. Concerns over credit, housing and fuel continue for the economy. The City
relies on the revenue from sales tax heavily and it's dangerous when the economy is
unstable.
Building Permit Revenue: 2007 collections will be at least $400,000 over budget due to
large projects on Cornell University. 2008 will see lower revenues in this line.
Fine Revenue: The City is on pace to meet this revenue amount of $850,000 for the
first time since 1999.
Parking Revenue: Overall the City should meet budget at $1,506,000 for 2007. Meters
are down by 1% and Dryden Road collections are up 2%.
Health Insurance Costs: The City is on pace to exceed our 2007 budget of $6,096,000.
With employee contributions the City should still be under the overall budget.
Overtime: The City will be over budget by about $300,000. The fire department is
doing well with overtime, but the police department is not. Although the City is doing
better than 2006, improvements can still be made.
Pension Costs: Our bill to the State for employee pension costs is due 2/1/08.
However, if it is paid on 12/15/07 the City can achieve a $25,000 discount. It appears
that there will be the cash flow to make this payment of $2,566.882 on 12/15/07.
State General Revenue Sharing Aid: The second payment is due in December. The
amount should be about $2,250,000. The AIM payment is increasing, but the City is
now required to submit more accounting reports as a result. All these reports are due in
January. He has started working on these reports. With our payment from the state in
2007 the City is now at its 1993 level if the City had received 3% increases annually
from the state.
Financial Reports: His office is finishing up 2006 and they expect to be done by year
end. Then audit work will start and hopefully will be finished up by April 08. The City
expects that 2007 will be pretty much on schedule. It is very difficult to keep up on
these reports when the daily workload is heavy.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported to Council that there is no new litigation.
21. MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of the October 3, 2007 Regular Common Council Meeting Minutes
– Resolution
By Alderperson Korherr: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the October 3, 2007 Regular Common Council
Meeting be approved with noted corrections, and be it further
RESOLVED, That the minutes of the November 7, 2007 Regular Common Council
Meeting be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:55 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor