Fort Edward, N.Y., Code of Ordinances ch. 79A (eCode360 ed. 2026) § 79A-5

A. No permit shall be granted without an inspection by the Code Enforcement Officer to determine if the premises and all rental units are in compliance with all of the provisions of the applicable State Uniform Fire Prevention and Building Code, the Code of the Town of Fort Edward and any other applicable Town, county, state and federal laws, rules and regulations. Once it is determined that the building is in compliance with the pertinent code(s), the permit will be granted. (1) No rental permit shall be issued until the Code Enforcement Officer shall inspect the premises and rental units to determine that they are equipped with functioning smoke detector devices, approved as to design by the applicable Fire Prevention Code, if any, or conforming to standards of the New York State Board of Fire Underwriters, if any, or, if none, approved by the Code Enforcement Officer. (2) No permit shall be issued if inspection results in a finding of noncompliance with building, fire, or other local codes and the Code Enforcement Officer shall notify the property owner, or his or her authorized agent, of the specific Code violations and permit denial, and shall proceed to enforce the provisions of the Uniform Fire Prevention and Building Code as provided therein. (3) In the case of noncompliance with the permit requirement for rental property, rental premises will remain subject to annual inspection and the owner of such property will be subjected to the penalties outlined for violation of such permit requirement. In the case of a determination of noncompliance with pertinent building or fire codes following inspection (whether for permit purposes or due to a complaint investigation of a current permit holder), the landlord/owner will be given 30 days to correct the problem, unless an emergency exists which subjects the occupants or community to immediate risk of harm and warrants immediate correction of the problem. (4) In the event of noncompliance with demand for corrective action within the applicable time frame, the landlord/owner will be subject to violations and penalties set forth in § 79A-12 . B. Authorization for inspections. (1) The Code Enforcement Officer of the Town of Fort Edward is authorized to make or cause to be made inspections to determine the condition of premises and rental units in order to safeguard the health, safety, and welfare of the public. The Code Enforcement Officer or his designated representative is authorized to enter, upon adequate notice (three-day minimum) and consent of the owner, authorized managing agent, or occupant (as to their own rental unit and common areas of the premises), any rental unit or premises at any reasonable time during daylight business hours, or at such other time without consent of the owner as may be necessary in an emergency, for the purposes of performing his duties under this chapter. (2) The Code Enforcement Officer must send a written request, giving at least a thee-day notice to the owner (or authorized agent) and current occupant of the premises to make an inspection. (3) The proposed inspection time must be during regular business hours. The Code Enforcement Officer will be responsible for arranging such inspections and for initiating any other appropriate action under these regulations. He or she will give special consideration to any requests for specific inspection times by the owner, including requests that the inspection be conducted during nonbusiness hours for the convenience of tenant(s) or owner(s). In the absence of such a specific request by the owner, his or her authorized agent, or tenant, the inspections will be conducted at a time designated by the Code Enforcement Officer, during normal daylight business hours. C. Application for search warrant authorized. (1) If the owner or tenant refuses to allow an inspection of the rental unit and premises and where there is a probable cause to believe that an inspection is needed or that a violation has occurred, the Code Enforcement Officer of the Town of Fort Edward or his designated representative is authorized to make an application to a court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any property covered by this chapter. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York, which include a less stringent standard of "probable cause" to inspect and do not require probable cause to believe a violation has taken place. (2) Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Officer of the Town of Fort Edward or his authorized representative to conduct an inspection, if denied access by the owner or occupying tenant, without a warrant duly issued by an appropriate court.