Minutes
City of
REGULAR MEETING
The regular meeting of the City of
Council
Members present: Lee
Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold, and Eleanor
Thompson.
Also
in attendance were: City
Attorney, Gerard Pisanelli
Excused: City
Administrator, Joseph Braun
Media
represented by: Goldee
Greene, Beacon Free Press
Residents
at beginning of meeting: 50
Public
Hearing
1.
Deleting the Current Chapter 119 and Replacing it With a New Chapter Providing For the
Administration and Enforcement of the New York State Uniform Fire Prevention
and Building Code. Read by Mayor Clara
Lou Gould.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold
a public hearing on Tuesday, February 20, 2007 at the City of Beacon Municipal
Center, One Municipal Plaza, Beacon, New York at 7:30 p.m. or as soon
thereafter as the matter is reached on the agenda, to consider a proposed local
law to Delete Chapter 119 And Replace It With a New Chapter Providing For the
Administration & Enforcement of the NYS Uniform Fire Prevention and
Building Code.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.
Public Hearing Comments:
Tim Dexter gave a brief explanation of this local law to the residents in
attendance.
Stevens
Evans: I wish to express my support for
the changes of this new legislation. I
think it is a great idea.
No
further comments.
Motion to
close Public Hearing: Council Member
Kelly. Seconded: Council Member Thompson. All voted in favor. Motion carried.
2.
Amending Chapter 11, Building Inspector, and Remaining the
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold
a public hearing on Tuesday, February 20, 2007 at the City of Beacon Municipal
Center, One Municipal Plaza, Beacon, New York at 7:30 p.m. or as soon
thereafter as the matter is reached on the agenda, to consider a proposed local
law to Amend/Rename Chapter 11, Building Inspector, of the Beacon City Code.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.
Public
Hearing Comments: None
Motion to
close Public Hearing: Council Member
Foster. Seconded: Council Member Gold. All voted in favor. Motion carried.
Community Segment: None
Mayor Clara Lou Gould asked for a
motion to approve the Council Meeting Minutes for the following dates:
Motion to
accept minutes as written: Council
Member Gold. Seconded: Council Member Foster. All voted in favor. Motion carried.
Reports: Text from the following reports for
Mayors
Communications read by Mayor Clara Lou Gould.
City Administrator,
Joseph Braun's Report of Activities read by Mayor Clara Lou Gould
City Attorney
Report of Activities – 1st Meeting of the Month
Mayor Clara Lou
Gould read her Report of Activities
Council members read their Reports of
Activities
Alison E. MacAvery,
Ron Ray,
First
This Memo from Roy
Ciancanelli was addressed to Mayor Clara Gould and Human Relations Commission
some years back regarding Spirit of Beacon Day:
A copy of this document was available to the residents who attended the
February 20, 2007 Council Meeting:
Last year's attendance was estimated at about 5,000 people.
Just for information, a few years back during an election year several
candidates appeared and wanted to march with the elected officials. Gladys Bettina, who was Chairman at the time, let them know that was not allowed, but did allow them to march
at the rear. Political signs were not allowed. This
ruling included the
I didn't realize this was a long-standing policy of the Committee.
The Human Relations Commission left the picture sometime in the 1980's,
and the Spirit of Beacon Day Committee has been in charge ever since.
SPIRIT OF BEACON DAY - HERE IS HOW IT BEGAN:
For a number of years, the students from the Beacon School System and the
community were having some problems that had racial
overtones. It was during the winter and early spring of 1977, that for several
days and nights, racial problems became severe. The
Sheriffs department was called into the community to help bring the situation under control. A community meeting was held at the
Howland Library with the following present: Edward Schuler, local legislators,
Dutchess County Youth Bureau, Mayor Robert Cahill, the
Beacon City Council, representatives of the clergy
and also agencies involved with youth. The evening was spent discussing the
cause of the problems and perhaps ways to prevent them. Before the meeting closed, it was decided to meet again, but in smaller groups, and
to open the meetings to everyone. Victor Russo, a representative
from the F.B.L's Community Relations, also attended the meetings and spent a
great deal of time talking to people and youth on the streets of the community
trying to discover ways that the problems might be resolved.
At the smaller meetings, with representatives
from the Mayor, City Council, Beacon School System, The Beacon Community Center (NSO),
Howland Library, Chamber of Commerce, Dutchess County Youth Bureau, Concerned
Citizen's Group - (Francis McNair), clergy
and community people, lengthy discussions were held concerning the problem.
One of the positive things to come out of these meetings, were the
creation of a "Community Day". This was to be a day to bring the city
together, especially the children and youth. All were in agreement that the
community should get to know one another better, learn to know what
each other liked in conversation, feelings, entertainment,
education and food. It was now the month of May, almost June,
would there be enough time to get ready for a
"Community Day" and what would it be called? The group
thought it could be held the last Sunday in September on
In the fall of
1977, after a summer of planning, Seabury Lyons became Chairperson. The other committee members were: Patricia
Hanna, Millie Melendez, Nan Whittingham
and Barbara Verdesi. The group was committed to working together to make the first "Spirit of Beacon Day"
a tremendous success!
Booths featuring
food, crafts and exhibits from local organizations and agencies lined
Pat Hanna, of the Rowland Library, served as
Chairperson from 1978-1979. The next years saw more booths, more entertainment
and more people marching in the parade. The day continued to grow
and everyone was having a great time!
In 1978, the Mayor and City Council felt that the Spirit of Beacon Day
should be sponsored by the Commission of Human
Relations. Community representatives were still to serve
on the committee.
Nan Whittingham, Director of the Beacon Community Center (NSO), chaired the committee from 1980-1984. Each year, all aspects of the parade have
continued to grow. The community has caught the
"Spirit"! It is a day when people from all backgrounds are able to talk and have fun together.
In 1981, the highlight of the day was the presentation of a plaque to
Pete Seeger from the Commission of Human Relations. The plaque
was in recognition of all the work Pete had done for the city
of
In 1985, Rey Lantiqua became chairperson. As the years have gone by,
Spirit of Beacon Day has become a time that everyone looks forward to - a day
to come together!
Tom Baldino's Comments read by Council
Member Kelly regarding items on tonight's agenda"
Hi All:
I
received a call last night from Charlie Kelly to ask me if I had plans of
attending tonight's City Council Meeting. I told Charlie that since the
meeting was changed from Monday to Tuesday, I could not attend due to a
training session up at New Paltz in promoting CleanMoney/CleanElections. He proceeded to tell me about two items on
the agenda for tonight that were of concern to him and wanted to ask for my
support. I asked him if he would read my position on the two items at the
meeting and he said he would be glad to.
The
first item has to do with the request of citizens for the installation of a bus
shelter outside of their residences at the Forrestal Buildings complex. I
have heard Bill Shaw speak at two City Council meetings in response to this
request by residents. I have also heard residents speak about the way
they were treated when they stepped into an entryway of one of the buildings to
get out of the rain and cold when they were waiting for a bus. I have
also heard how the buildings are half empty due to lack of money to fix them
up. I have heard how Maureen Gallagher, board member on our public
library, had such a hard time getting into one of the apartments that Governor
Pataki had to intervene and use his influence to get the management to relent
and allow this handicapped woman in.
Bill
Shaw made some points that would appear to make the physical situation in front
of the building unsuitable to house a bus shelter. I don't know if his assessment is in fact
accurate. In listening to Mr. Shaw speak and in hearing stories from
tenants I formed an impression of him as not having people skills nor the feeling of caring in his heart. It is a shame that
whereas we are trying to provide more affordable housing in Beacon, that apartments that could be fixed up sit empty. I don't know the in's and out's of federally
subsidized housing, but I believe we may be able to get some information from a
man that has worked in high positions at HUD
As
to the bus shelter, my position is that no stone should go unturned in an
attempt to get the residents of Forrestal Housing their protective bus
shelter. I would support a resolution that Charlie Kelly briefly outlined
to me to have Joe Braun allotted three months to work with an independent
lawyer to get to the bottom of how decisions are made regarding this federal
project and what possible appeals can be made to ultimately allow the placement
of a bus shelter.
All
of my support is dependent on proper engineering and safety studies. If
physical situational impediments can be overcome, I would urge the City to go
ahead with a legal process that would result in getting the residents their
wish.
The
second item is the concern registered by an ad hoc committee that coordinates
the Spirit of Beacon Day Parade. I
understand that the event was prompted by a feeling of everybody contributing
and being honored on this day in a City that is represented by 50 different
ethnic groups.
The
committee chaired by Roy Ciccenelli from the beginning did not want the spirit
of Beacon Day marred by contentious political activities. I was disturbed to read that in
After
hearing Charlie Kelly's support of the presence of political parties in the
parade, which consisted solely of a political group carrying a banner identifying
the group, I could see no harm in any political group marching with the name of
the group on a banner. I would like to see the greens in the parade as
well.
We
live in a democracy; we have differing political philosophies. Different ethnic
groups have different values, different foods, and different religions.
Differences can have a positive side and influence. If it turns out that
political parties marching in the parade cannot refrain from political
antagonism and be courteous to each other on that day, then I would agree with
Roy Ciccenelli and his committee and ban them, and any other kind of group that
promotes dissention on that day, from the parade. Sincerely,
The following email from
Gregory H. Strong,
Dear
Honorable Mayor Gould: I am a citizen of
the City of
Spirit of Beacon Committee
Chairperson: Rose Story read the
following comments
The Spirit of Beacon Day has been an event that has pulled the City together for 29 years -since 1977! It's given our residents
a chance to come together, to show
off their pride in being
City residents and encouraged others to see the best in our "fair" city. It's a day for the children of Beacon and it includes all our
residents, from all ethnic, racial and religious backgrounds - coming together for one purpose - Unity.
It is in that context that we ask the Council not to pass the resolution before you this evening. This resolution interjects politics into an event that has
steered clear of partisanship. It’s
focus is on Unity.
We further believe that it is our right to choose which groups can or
cannot participate in our parade and that it is not within
the purview of the City Council to make that determination. The Spirit of
Beacon Day is an event of a non-profit organization and not a City-run
event. We appreciate the support that
we have received from City officials, including the
current Mayor and City Council, and their predecessors, but this is still support and not control - and not financial support.
We realize political parties are part of the community and we have
always given them the opportunity to set up booths.
It is for all these reasons that we ask the Council not to pass this
resolution - to allow us to continue to present the
"Spirit of Beacon" the way it should be - the residents of the City of Beacon coming together - all groups and all beliefs.
Sincerely,
Committee Members: Roy Ciancanelli Jr.,
Romy Domoulin, Rev. Michael Dandridge and Rev. Ricardo Cortijo
Arlene Popkin, Lower Hudson Valley Civil
Liberties Union: I was asked to come here to speak on the first amendment right
of free expression. The Council is free
to express their feelings. This is a
private organization. They also have a
first amendment right to present their message as they see fit. If anyone disagrees with this platform, they
are free to do that on their own platform.
The Spirit of Beacon Day organizers can express their message on that
day. Not everyone needs to agree. If they run that parade, it is their choice
to run it the way that they see fit.
Beacon Resident: I am here to comment on Spirit of Beacon
Day. Over the years this has become the
best event that we have had in the
John Mac Enroe, Director of State
Relations - Rensselaer Polytechnic Institute:
You say it is not a political event and yet this organization is a
lobbying organization. You are here
putting in your prospective. We have in our
primaries, 23% of our people show up to vote.
17% vote in school board elections.
60% show up for presidential elections.
We need to get people involved in politics. What you did was awesome. Whether you know it or not, you are a
lobbying organization. To exclude anyone
is wrong. To exclude a political party
is wrong.
Dennis Pavelock,
Randy Casale: I have been here for fifty years. I was here when Spirit of Beacon Day
started. Maybe the council should check
it more carefully before they vote on this resolution.
Don Gallo: We asked for volunteers to do good things for
Beacon. Unless it is a matter of health,
let them do what they volunteer to do. They
have done a fantastic job every year.
They do not have a discriminatory bone in their bodies. Some things should be devoid of
politics. Spirit of Beacon Day is about
the people. I want to thank the
committee for the job they have done up to now.
Witfredo Morel: I do not live in Beacon
but I am an artist and a volunteer for Spirit of Beacon Day. I have been coming back for seven years. All other communities look at this
community. This is a showcase
community. Many communities are
struggling. Beacon is a community
promoting community. The
John Foreman: I'm here to support the Spirit of Beacon Day
Committee. It's disgraceful and a slap
in the face for the people running this parade.
There are 364 other days that the political people can come and knock on
doors.
Flora Jones: I am grateful for those who work so
diligently to make the Spirit of Beacon Parade the success that it is. I think that the City of
The following letter was read by Kevin Konco of The American Legion Post
203 dated
Dear Mayor & Council Members:
It is our
understanding that an issue which involves the right of non-governmental organizations to
make decisions
about participation in a citywide event. This issue is to come before the legislative body of the City of
The issue at hand is whether the city council has the right to mandate a
process for allowing or disallowing
specific individuals or groups from participating in
a citywide event. The Spirit
of Beacon Day has been an annual event
for some time. It is our understanding that volunteers organize,
supervise, and coordinate activities for this community gathering on our
It is surprising and difficult to understand how a political
organization and a community minded committee cannot quietly meet and compromise to an agreed upon process that would
benefit all those involved in this
annual event It is further troubling that legislative action is required to mediate a difference of
opinion and to control something that should be amicable in joining varied
cultures together.
With the utmost of respect for the Human Relations Commission, we
believe that the council is putting the HRC in a tenuous
position for which it was not founded if the City determines that it knows best then it chances losing volunteers who
save our city money, time, and togetherness that we all espouse.
We strongly urge the council and the HRC to
consider each other's point of view and come up with a compromised solution that will benefit our
entire city.
Hoping that the Beacon of Light that joins us together will shine in
the common respect for all Beaconites. We urge that an altruistic resolution be
found to this issue today, tomorrow, and for many years. God Bless
Roni Domoulen: We have 365 days a year. We only have one Spirit of Beacon Day. People from all over come
to Spirit of Beacon Day. On that
day, I forget about everything. You have
364 Days to let people know who is running for office.
Anthony Beck: If it ain't broke, don’t fix it. Spirit of Beacon Day is not broke, so don't
fix it.
Mike Justice: I think that Partisan politics have no place
in this parade. The purpose of this
parade is for people to come together. I
am surprised that this even came up in this council meeting. There are so many real problems; the Spirit
of Beacon Day is not a problem.
No further comments.
UNFINISHED BUSINESS
Resolutions: None
Local Laws and Ordinances:
1. Resolution No. 24 of 2007 - Local Law No.1 of
2007 Deleting the Current Chapter 119 and
Replacing It With a New Chapter Providing For the Administration and
Enforcement of the New York State Uniform Fire Prevention and Building Code
BE IT ENACTED by the City Council of the
City of
TITLE – Fire Prevention and
Building Code, Uniform
SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and
enforcement of the New York State Uniform Fire Prevention and Building Code
(the Uniform Code) and the State Energy Conservation Construction Code (the
Energy Code) in this City. This local law is adopted pursuant to Section 10 of
the Municipal Home Rule Law. Except as otherwise provided in
the Uniform Code, other state law, or other section of this local law, all
buildings, structures, and premises, regardless of use or occupancy, are
subject to the provisions this local law.
SECTION 2. DEFINITIONS
In this local law:
“Building Permit” shall mean a permit issued
pursuant to section 4 of this local law. The term “Building Permit” shall also
include a Building Permit, which is renewed, amended or extended pursuant to
any provision of this local law.
“Certificate of
Occupancy” / “Certificate of Compliance” shall mean a certificate issued pursuant to
subdivision (b) of section 7 of this local law.
“City” shall mean the
City of
“Code Enforcement Officer” shall mean the Code
Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this
local law.
“Code Enforcement Personnel” shall include the Code
Enforcement Officer and all Inspectors.
“Compliance Order” shall mean an order issued by the
Code Enforcement Officer pursuant to subdivision (a) of section 15 of this
local law.
“Energy Code” shall mean the State Energy
Conservation Construction Code, as currently in effect and as hereafter amended
from time to time.
“Inspector” shall mean an inspector appointed
pursuant to subdivision (d) of section 4 of this local law.
“Operating Permit” shall mean a permit issued
pursuant to section 10 of this local law. The term “Operating Permit” shall
also include an Operating Permit, which is renewed, amended or extended
pursuant to any provision of this local law.
“Permit Holder” shall mean the Person to whom a
Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership,
business trust, estate, trust, association, or any other legal or commercial
entity of any kind or description.
“Stop Work Order” shall mean an order issued pursuant
to section 6 of this local law.
“Temporary Certificate” shall mean a certificate
issued pursuant to subdivision (d) of section 7 of this local law.
“Uniform Code” shall mean the New York State Uniform
Fire Prevention and Building Code, as currently in effect and as hereafter
amended from time to time.
SECTION 3. CODE ENFORCEMENT OFFICER AND
INSPECTORS
(a) The office of Building Inspector/ Code
Enforcement Officer is hereby created (see also Chapter 11). The Code
Enforcement Officer shall administer and enforce all the provisions of the
Uniform Code, the Energy Code and this local law. The Code Enforcement Officer
shall have the following powers and duties:
(1) to receive, review, and approve or disapprove
applications for Building Permits, Heating Permits, Plumbing Permits, Certificates of Occupancy / Certificates of
Compliance, Temporary Certificates and Operating Permits, and the plans,
specifications and construction documents submitted with such applications;
(2) upon approval of such applications, to issue
Building Permits, Certificates of
Occupancy / Certificates of Compliance, Temporary Certificates and
Operating Permits, and to include in Building Permits, Heating Permits,
Plumbing Permits, Certificates of
Occupancy / Certificates of Compliance, Temporary Certificates and
Operating Permits such terms and conditions as the Code Enforcement Officer may
determine to be appropriate;
(3) to conduct construction inspections, inspections
to be made prior to the issuance of Certificates
of Occupancy / Certificates of Compliance, Temporary Certificates and
Operating Permits, 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 local law;
(4) to
issue Stop Work Orders;
(5) to
review and investigate complaints;
(6) to issue orders
pursuant to subdivision (a) of section 15 (Violations) of this local law;
(7) to maintain records;
(8) to
collect fees as set by the City Council of this City;
(9) to
pursue administrative enforcement actions and proceedings;
(10) in consultation with this City’s attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this local law, or to abate or correct conditions not in
compliance with the Uniform Code, the Energy Code or this local law; and
(11) to exercise all other
powers and fulfill all other duties conferred upon the Code Enforcement Officer
by this local law.
(12) He shall
issue all appropriate notices or orders to remove illegal or unsafe conditions,
to require the necessary safeguards during construction and to ensure
compliance during the entire course of construction with the requirements of
such laws, ordinances or regulations. He shall make all inspections which are
necessary or proper for the carrying out of his duties, except that he may
accept written reports of inspection from Deputy Building Inspectors or other
employees of the Building Department or from generally recognized and
authoritative service and inspection bureaus, provided that the same are
certified by a responsible official thereof.
(13) Whenever the same may be necessary or
appropriate to assure compliance with the provisions of applicable laws,
ordinances or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons or by
accredited and authoritative testing laboratories or service bureaus or
agencies.
(14) He shall have the authority to impose
administrative fees for violations of the Code of Ordinances that relate to
permits issued by the Building Department pursuant to the schedule of
administrative fees set forth in § 11-5 below.
(15) He shall examine into the qualifications and
fitness of applicants for licenses under Chapter 103 or of the representatives
of such applicants designated for such purpose. He shall grant and issue
licenses as master electricians to applicants possessing, or whose
representatives possess, the requisite qualifications. Licenses shall be signed
by the Building Inspector and countersigned by the Mayor.
(16) He shall suspend or revoke licenses for cause,
as prescribed in § 103-28. He shall impose and collect fines for
violations, as prescribed in § 103-28.
(17) He shall adopt such rules and regulations as
may be necessary, not inconsistent with the provisions of Chapter 103, with
respect to the form and content of applications for licenses, the reception
thereof, the investigation and examination of applicants and their
qualifications and other matters incidental or appropriate to the powers and
duties of this office in regard to its administration of Chapter 103.
(18) He shall examine into the plumbers'
qualifications and fitness of applicants for licenses or of the representatives
of such applicants designated for such purpose. He shall grant and issue
licenses as master plumbers to applicants possessing, or whose representatives
possess, the requisite qualifications. Licenses shall be signed by the Building
Inspector and countersigned by the Mayor.
(19) He shall suspend or revoke plumbers' licenses
for cause. He shall impose, and the City Administrator shall collect, fines for
violations of said licenses.
(20) He shall prepare a manual for the conduct of
examinations and shall furnish copies thereof to persons desiring the same upon
payment of a fee to be determined by the Building Inspector.
(21) He shall adopt such rules and regulations as
may be necessary with respect to the form and content of applications for
plumbers' licenses and the reception thereof, the investigation and examination
of applicants; their qualifications and other matters incidental or appropriate
to the powers and duties of this office in regard to the administration of plumbing
licenses.
(22) He shall file a copy of all rules, regulations
so promulgated and all changes therein with the City Administrator immediately
upon the adoption thereof, which copy shall be available for public inspection
during the regular business hours of the day.
(b) The Code Enforcement Officer shall be appointed
pursuant to Chapter 11. The Code Enforcement Officer 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 Code Enforcement
Officer shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated there under.
(c) In the event that the Code Enforcement Officer
is unable to serve as such for any reason, an individual shall be appointed by
the Mayor to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement Officer
by this local law.
(d) One or more Inspectors may be appointed pursuant
to Chapter 11 to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this local law. Each Inspector 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
(e) The compensation for the Code Enforcement
Officer and Inspectors shall be fixed from time to time in accordance to
Chapter 11.
SECTION 4. 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, 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, the installation or
modification to an automatic fire-extinguishing system, fire alarm or detection
system and related equipment, fire pump and related fuel tanks, jockey pumps,
controllers, and generators, and the installation or modification of a stand pipe system. Maintenance performed in accordance with the
applicable code is not considered a modification and does not require a
permit. No Person shall commence any
work for which a Building Permit is required without first having obtained a
Building Permit from the Code Enforcement Officer.
(b) Exemptions. No Building Permit shall be
required for work in any of the following categories:
(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);
(2) installation of swings
and other playground equipment associated with a one- or two-family dwelling or
multiple single-family dwellings (townhouses);
(3) installation of swimming pools associated with a
one- or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches 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 unless such walls support a surcharge or impound Class I, II or
IIIA liquids;
(6) construction of
temporary motion picture, television and theater stage sets and scenery;
7) installation of window
awnings supported by an exterior wall of a one- or two-family dwelling or
multiple single-family dwellings (townhouses);
(8) installation
of partitions or movable cases less than 5'-9" in height;
(9) painting, wallpapering,
tiling, carpeting, or other similar finish work;
(10) installation of listed
portable electrical, plumbing, heating, ventilation or cooling equipment or
appliances;
(11) replacement of any
equipment provided the replacement does not alter the equipment’s listing or
render it inconsistent with the equipment’s original specifications; or