Talkin’ Code with Andrew Getty

Summer inquiries run the gamut from temporary structures to bears

Summer Time Q & A

Q: My neighbor is letting his guests park on my lawn, can the Zoning Office do anything?

A: Probably not, it is a civil matter.

Q: There is a big yellow truck with the business’s logo and sign on the side of the truck, parked in front of his store, can they do that?

A: No, that truck is considered a sign, just like any other sign.

Q: How come the Town lets all the deer out on busy holidays and weekends?

A: You can’t be serious are you?

Q: I want to build a camp, do I need plans?

A: Yes, you are building a single family residence.

Q: No, I want a camp, why do I need plans for just a camp?

A: Call it what you wish, it is a single family residence and must meet the minimum requirements of the NYS Residential Code.

Q: Why do I need a permit for a temporary structure?

A: Please define temporary: couple of hours, a day or two—two months, four years… there is no such thing.

Q: Why do I need to keep an electric wire around my dumpster at the store?

A: To keep the animals out of the dumpster, especially the bears.

Q: Are there really bears in Old Forge?A: Yes, and we do not fence them in either.

Q: I got Planning Board site plan approval for my business, parking and signage. Now I can do what I want, when I want to, right?

A: Sure, as long as it is the same as what was approved by the Planning Board.

Q: Who feeds all the deer and bear walking around town?

A: Unfortunately, people do.

Q: What’s wrong with that?

A: It’s not natural. The animals get lazy and look for stuff around people. Especially the bears.

They can smell one cookie in a baggie, inside a car with all the windows up.

Then they tear the car apart to get to it. Once they find food, they will come back to the same area again.

Feeding the animals can create dangerous animals.

Too many bears have to be put down because people think it is cool to feed them. They are actually killing them.

Q: The Fire Marshal set the maximum number of people for our restaurant at 90. Can I stuff 145 people in the restaurant for a couple of evenings?

A: What part of maximum of 90 people don’t you understand?

Q: Who sets the number of people?

A: The NYS Fire Code, it is called “Occupant Load.” Using tables and chairs for any public assembly area, restaurant or not, the maximum number shall not exceed 15 square feet per person for the assembly area.

Please note the key word “shall”, which does not imply maybe, could be, should be, or pretty close.

Q: Your inspector said our railing around the deck had to be 36 inches high. We want 30 inches high so we can see over the railing better, that’s high enough isn’t it?

A: Again, 36 inches shall be minimum height for a residential railing, or guard.

There are many laws, rules and regulations regarding the use of land and general fire and life safety issues for all buildings.

These rules and regulations have been written partially based on common sense and partially on catastrophic events, usually involving death.

To ignore certain kinds of zoning regulations may only be a violation.

To ignore the State Fire Code can easily become a criminal offense.

Mixing a catastrophic event with ignorance may result in criminal implications.

Whether death or personal injury is involved, the owners and operators of buildings are responsible for the use and operation of the same.

As far as the deer and bear in town, no, the Adirondacks is not a big zoo.

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