[HISTORY: Adopted by the Board of Trustees of the Village of Holley 1-13-1987 by L.L. No. 1-1987. Amendments noted where applicable.]
The Secretary of State of the State of New York has promulgated Part 444 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York delegating the responsibility to local government units to administer and enforce the provisions of the Uniform Fire Prevention and Building Code of the State of New York and such administration and enforcement shall be by local law. Therefore, the Board of Trustees of the Village of Holley, New York does hereby set forth the rules and regulations for enforcement of the Uniform Fire Prevention and Building Code of the State of New York.
A. 
There is hereby designated in the Village of Holley, Orleans County, New York a public official to be known as the “Code Enforcement Officer” who shall be appointed by the Mayor with the approval of the Board of Trustees of the Village of Holley at a compensation to be fixed by it.
B. 
In the absence of such enforcement officer, or in the case of his/her inability to act for any reason, the Mayor, with the approval of the Village Board, shall appoint a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him/her by this chapter.
C. 
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code, any regulations promulgated thereunder, and any rules and regulations adopted by the Village of Holley pursuant to this chapter.
A. 
No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, nor install heating equipment without having applied for and obtained a permit from the Code Enforcement Officer. However, no permit shall be required for:
(1) 
The performance of necessary repairs which are not of a structural nature;
(2) 
Alterations to existing buildings; provided that the alterations:
(a) 
Cost less than $10,000.00;
(b) 
Do not materially affect structural features;
(c) 
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits;
(d) 
Do not involve the installation or extension of electrical systems; and
(e) 
Do not include the installation of solid fuel burning heating appliances and associated chimneys and flues; and
(3) 
Small noncommercial structures not intended for use by one or more persons as quarters for living, sleeping; for example, a small storage building.
B. 
Applications for a building permit may be obtained from the Code Enforcement Officer. The completed application with accompanying documents shall be delivered to the Code Enforcement Officer. Such application and accompanying documents shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
C. 
The application for building permit shall contain at least the following:
(1) 
The signature of the applicant or authorized agent;
(2) 
A description of the site on which the proposed work is to be done;
(3) 
A statement of the use or occupancy of all parts of the land and of the proposed building or structure;
(4) 
A brief description of the proposed work;
(5) 
The estimated cost of the proposed work with appropriate substantiation;
(6) 
The full name and address of the owner and the applicant, and if either be a corporation, the names and addresses of responsible officers;
(7) 
Two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory building to be erected;
[Amended 10-12-2004 by L.L. No. 3-2004]
(8) 
The fee specified in this chapter; and
(9) 
A statement acknowledging that the Code Enforcement Officer may enter the property and structure thereon at reasonable hours, as necessary, to inspect the same for compliance with the Uniform Code.
D. 
The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or is otherwise unnecessary. The decision to waive such requirements shall be made by the Code Enforcement Officer.
E. 
The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.
F. 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
G. 
A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.
H. 
A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods, provided that:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made.
(2) 
The relevant information in the application is up to date; and
(3) 
The renewal fee is paid.
A. 
No building erected, enlarged, extended, or altered subject to the Uniform Code and this chapter, or upon which work has been performed which required the issuance of a building permit shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued.
B. 
No building shall be converted from one general occupancy classification to another, as defined in the Uniform Code, unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for all certificates of occupancy.
C. 
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance, but may be renewed an indefinite number of times.
D. 
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.
A. 
Inspections.
(1) 
Work for which a building permit has been issued under this chapter shall be inspected for approval prior to enclosing or covering any portion thereof so as to permit the observation of, but not limited to, the following:
(a) 
The foundation;
(b) 
Superstructure and structural elements;
(c) 
Electrical systems, plumbing systems, heating, ventilation and air conditioning systems; and
(d) 
Fire protection and detection systems and exit features.
(2) 
In addition, the Code Enforcement Officer may require such other inspection as may be deemed reasonably necessary. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection, and to schedule such inspection with the Code Enforcement Officer.
B. 
Firesafety inspections.
(1) 
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic firesafety inspections for compliance with the Uniform Code in accordance with the following schedule:
(a) 
All areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings: every six months;
(b) 
All buildings or structures open to the general public: every 12 months; and
(c) 
All other buildings: every 18 months.
(2) 
Notwithstanding any requirement of this subsection to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. However, this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
C. 
The inspections may be performed by the Code Enforcement Officer or by an inspector duly appointed by the Mayor of the Village of Holley with approval by the Village Board, such inspector acting under the supervision and direction of the Code Enforcement Officer. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on, or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
D. 
A person subject to inspection shall pay the cost and expense of such inspection.
E. 
If the Code Enforcement Officer is the owner of or is involved in work on the premises to be inspected, or if there shall otherwise be any conflict of interest, the Village Board shall appoint a qualified individual to perform such duties.
A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality, and notices and orders issued. All such reports shall be public information open to public inspection during normal business hours.
B. 
The Code Enforcement Officer shall annually submit to the Board of Trustees of the Village of Holley a written report of all business conducted during the year.
[Amended 8-30-2005 by L.L. No. 3-2005]
Any persons, firms, corporations, associations or other organizations making application for a building permit or certificate of occupancy, or requesting an inspection pursuant to this chapter shall pay a fee for such services, and such fee shall be set by the Board of Trustees for the Village of Holley, subject to change from time to time, and posted in the Village Office.
A. 
If no other penalty for violation of any part of this chapter or orders issued in compliance with this chapter is provided otherwise by law, a person violating such part of this chapter or such orders shall be punishable by a fine of $50, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Village of Holley may be commenced in any court of competent jurisdiction to compel compliance with or restrain violation of this chapter or orders issued in compliance with this chapter.