[HISTORY: Adopted by the Town Board of the
Town of Dover as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-8-1980 by L.L. No. 6-1980]
[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.
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]
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.
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]
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:
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):
(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.
(10)
Cryogenics: to store, handle or use cryogenic fluid
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(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.
(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:
(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.
(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.
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.
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.
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.
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.
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.
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:
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.
