Rochester, N.Y., Code of Ordinances ch. 90 § 90-35
Inspections (Rochester NY Property Code)
Operative Text
The Commissioner and the Fire Chief may cause an inspection of the premises to be made to determine whether the applicant is in compliance with the laws and ordinances which they are charged with enforcing. For purposes of a renewal application, no inspection shall be required by the Department unless during the previous licensing period a violation of a state or local law, ordinance or regulation which occurred at the premises has been proven in a court of law or in the Municipal Code Violations Bureau. Said Commissioner and Fire Chief and members of their staff shall have the right to enter upon any premises for which a business permit is sought when the business is open for the purpose of making such an inspection of areas open to the public, or other areas with consent, and shall also have the authority to seek warrants where the same are constitutionally required.
Rochester City Code § 90-35 authorizes the Commissioner and the Fire Chief to inspect rental or business premises to verify compliance with the laws and ordinances each official is responsible for enforcing. For renewal applications, an inspection is not automatically required unless a violation at the property was proven in court or before the Municipal Code Violations Bureau during the prior licensing period. Officials and their staff may enter areas open to the public while the business is operating, may enter other areas with consent, and may seek a warrant when constitutionally required.
Plain English — not legal advice.
Under § 90-35, compliant operators generally ensure that their premises are accessible to the Commissioner, the Fire Chief, and their staff during business hours for inspection of publicly accessible areas. Operators with a clean violation record during the prior licensing period are not automatically subject to a renewal inspection, though a proven court or Municipal Code Violations Bureau finding can trigger one. Maintaining documented compliance with applicable state and local laws throughout each licensing period is the practice most consistent with smooth renewal under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 90-35 establishes that city officials have authority to inspect premises for compliance, which can be relevant to tenants who believe conditions at their building violate state or local law. If a violation is proven in court or before the Municipal Code Violations Bureau, that finding can trigger an inspection at the next renewal cycle under this provision. Tenants who have concerns about conditions may consider contacting the Rochester Department of Neighborhood and Business Development, reaching out to a local tenant-rights organization, or exploring whether a formal complaint could initiate the enforcement process described in § 90-35.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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