Town of Dover, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Dover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 47.
Explosives — See Ch. 69.
Fire-suppression expenditures — See Ch. 95, Art. I.
Junk and auto parts dealers — See Ch. 97.
Abandoned and vacant property — See Ch. 116, Art. I.
[Adopted 12-8-1980 by L.L. No. 6-1980]

§ 77-1 Standards accepted; when effective.

[Amended 2-11-1991 by L.L. No. 2-1991]
The Town Board of the Town of Dover hereby accepts the applicability of the Uniform Fire Prevention and Building Code to the Town of Dover, Dutchess County, New York, to become effective in said Town of Dover on the first day of January 1981, in accordance with the provisions of § 392 of the Executive Law.

§ 77-2 Filing of provisions.

The Town Clerk is hereby instructed to file a certified copy of this article in the principal office of the State Building Code Council, Division of Housing and Community Renewal, at Two World Trade Center, New York, New York 10047.
[Adopted 12-8-1980 by L.L. No. 7-1980; amended in its entirety 3-11-1992 by L.L. No. 2-1992]

§ 77-3 Administration of code.

A. 
The Code Enforcement Officer of the Town of Dover is hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code (NYS UFP & BC) within the Town of Dover, as amended from time to time by New York State.
[Amended 10-24-2012 by L.L. No. 4-2012]
B. 
The Code Enforcement Officer of the Town of Dover is hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code.

§ 77-4 Promulgation of rules and regulations.

A. 
The Code Enforcement Officer of the Town of Dover, with the approval of the Town Board, may adopt rules and regulations for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this article or any other provision of law.
B. 
The Town Clerk of the Town of Dover, at the request of the Code Enforcement Officer, shall publish all rules and regulations at least 30 days prior to the effective date thereof in the newspaper of general circulation within the Town of Dover.
[Amended 10-24-2012 by L.L. No. 4-2012]

§ 77-5 Permit requirements.

A. 
Upon payment of fee as prescribed in the schedule of fees adopted by the Building Inspector, with the approval of the Town Board of the Town of Dover, permits shall be issued by and bear the name and signature of the Code Enforcement Officer of the Town of Dover and shall specify:
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
Cellulose nitrate plastics (pyroxylin):
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
Combustible materials: to store combustible material, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume on any premises.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas.
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic fluid except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
Dust-producing plants: to operate any grain elevator; flour, starch or feed mill; woodworking plant; or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
(13) 
Explosive ammunition and blasting agents:
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings; or in excess of 10 gallons inside any other buildings or occupancy; or in excess of 60 gallons outside of any building. This provision shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] 
Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building.
(c) 
For the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(d) 
For processing, blending or refining of flammable or combustible liquids.
(e) 
This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(15) 
Flammable finishing: for spraying, coating or dripping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
(18) 
Hazardous chemicals:
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic materials or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Junkyards: to operate a junkyard.
(20) 
Liquefied petroleum gas: for each installation of petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity, and for each permanent installation irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection.
(21) 
Lumberyards: to operate a lumberyard.
(22) 
Magnesium: for melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400º F. which are heated with vapors from the material in the oven or catalytic combustion system.
(26) 
Places of assembly: to maintain, operate or use a place of assembly.
(27) 
Service stations and repair garages: to operate a service station or repair garages.
(28) 
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.

§ 77-6 Inspections.

A. 
The Code Enforcement Officer shall conduct periodic inspections for compliance with the provisions of the NYSUFP & BC. Such inspection may be made at any reasonable time, at least once per year, except that public places of assembly shall be inspected once every six months.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Building Inspector may apply to a court of competent jurisdiction for an order directing owners, landlords, tenants or occupants to allow said inspection by the Code Enforcement Officer.
C. 
The Code Enforcement Officer shall inspect all one- and two-family dwellings offered for sale or transfer of title for smoke detectors and issue a certificate of compliance for the same.

§ 77-7 Violations and violation orders; failure to comply.

A. 
Whenever the Code Enforcement Officer finds that there has been a violation of the NYSUFP & BC, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
B. 
In case the owner, lessor, occupant or the agent of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Building Inspector of the Town of Dover.

§ 77-8 Records to be kept.

The Code Enforcement Officer of the Town of Dover shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders and shall maintain copies of all reports of owners/landlords required by the NYSUFP & BC.

§ 77-9 Removal of dangerous buildings or structures; costs.

A. 
Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to the life and safety of the public as a result of a fire or explosion, the Code Enforcement Officer of the Town of Dover, upon authorization of the Town Board of the Town of Dover, may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
B. 
The Code Enforcement Officer of the Town of Dover may require the occupants of any such building or structure, or part thereof, to vacate their premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe and inspections have been completed.
C. 
All costs and expenses incurred by the Town of Dover in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitutes a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer of the Town of Dover may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Dover.

§ 77-10 Board of Review.

A Board of Review established by the New York State Commissioner of Housing for the purpose of granting variances where enforcement of any provision or requirements of the New York State Uniform Fire Prevention and Building Code results in practical difficulties or unnecessary hardships shall review, where necessary, decisions of the Code Enforcement Officer. Any such variance shall be consistent with the spirit of the New York State Uniform Fire Prevention and Building Code and shall in no way be construed in a manner inconsistent with Local Law Number 6 of 1978 (the Town of Dover Zoning Law[1]), and the Zoning Board of Appeals shall remain the review board for zoning interpretations.
[1]
Editor's Note: See Ch. 145, Zoning

§ 77-11 Building permits, certificates of occupancy and certificates of compliance.

A. 
Building permits shall be required by the Code Enforcement Officer for any construction work which must conform to the New York State Uniform Fire Prevention and Building Code, and any application for any such building permit shall request sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code. Exceptions to the requirements for building permits may be allowed for:
(1) 
Necessary repairs which do not materially affect structural features.
(2) 
Alterations to existing buildings, provided that the alterations:
(a) 
Cost less than $10,000.
(b) 
Do not materially affect structural features.
(c) 
Are not commercial structures.
B. 
Certificates of occupancy or certificates of compliance shall be required for all work for which a building permit is required to be issued under Subsection A of this section and for all buildings which are converted from one general occupancy classification to another, as such classifications are defined in Part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations.
C. 
Where a building permit has been issued by the Code Enforcement Officer, said Code Enforcement Officer shall make construction inspections 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.