[HISTORY: Adopted by the Town Board of the
Town of Wales as indicated in article histories. Amendments noted
where applicable.]
[Pursuant to Article 18 of the Executive
Law, the New York State Uniform Fire Prevention and Building Code
will be the controlling provisions in regard to building construction
in the Town of Wales. A copy of the Uniform Fire Prevention and Building
Code is on file in the office of the Town Clerk.]
[Adopted 5-11-1993 by L.L. No. 1-1993]
For the purpose of promoting the general welfare
of the Town of Wales, the Town Board does hereby enact this article
to regulate the use and occupation of property within the Town of
Wales in accordance with the powers and authority granted it under
the New York Town Law. This article contains provisions for building
zoning permits, certificates of occupancy and inspections.
In order for a better understanding of these
matters, the following is a summary of relevant information:
A.Â
Building zoning permits.
(1)Â
A building zoning permit is used by the Town of Wales
to determine whether proposed construction complies with relevant
zoning laws[1] and building codes. A permit is required prior to the
commencement of construction in order to establish the mechanism whereby
the Town receives notice that construction is contemplated for a certain
piece of property. Such notice is of benefit not only to the Town
but also to other interested members of the community.
(2)Â
The application for a building zoning permit requires information sufficient to enable the local officials issuing the permit to make the determination that the proposed work will be in conformance with the requirements of Chapter 200, Zoning. Adoption of the permit system provides officials with an opportunity to review all proposed work for code compliance prior to the commencement of construction activity.
(3)Â
Exceptions to the requirements for a building zoning
permit are the following:
(a)Â
Necessary repairs which do not materially affect
structural features.
(b)Â
Replacement of windows and doors.
(c)Â
Alterations to existing buildings, provided
that they:
[1]Â
Do not materially affect structural features.
[2]Â
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits.
[3]Â
Do not involve the installation or extension
of electrical systems.
[4]Â
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys or flues.
(4)Â
Although exceptions to the requirements for a building
zoning permit are permitted for the three types of construction listed
above, such work still must comply with any applicable provisions
of the New York State Uniform Fire Prevention and Building Code. Furthermore,
it is within the power of local officials to inspect such construction
to determine whether such construction conforms to the New York State
Uniform Fire Prevention and Building Code despite the fact that the
minimum standards allow exceptions.
(5)Â
Fees are charged by the Town as part of the application
process for a building zoning permit. These fees provide income to
offset, at least in part, the costs incurred in enforcing the code.
The amount of fees charged is established from time to time by resolution
of the Town Board.
(6)Â
The Town requires a permit fee to be paid at the time
that the application is filed. The fee charged is designed to cover
the whole construction process.
B.Â
Certificate of occupancy. The certificate of occupancy
is a device used to restrict the use of a building or structure to
a specific type of use or occupancy. This article prohibits the use
of new buildings or new additions to existing buildings until a certificate
of occupancy has been issued. By issuing a certificate of occupancy,
the Town acknowledges that construction has been completed and that
no material violations of applicable code provisions have been observed
during the course of construction.
C.Â
Inspections.
(1)Â
The Town of Wales has an ongoing comprehensive program
of inspections essential to successful enforcement. Such inspections
include the following:
(a)Â
When a building zoning permit has been issued,
inspections conducted during the course of construction for the purpose
of observing the compliance of construction with the code.
(b)Â
Prior to the issuance of a certificate of occupancy.
(c)Â
Periodic general inspection by code enforcement
officers.
(d)Â
In response to bona fide complaints regarding
conditions or activities allegedly failing to comply with the code.
(2)Â
Through such inspections and procedures, compliance
with the code is enforced, benefiting all property owners within the
Town.
The Building Zoning Officer and the Ordinance
Enforcement Officer are separate positions, but they can be combined
as one at the Town Board's discretion.
The Building Zoning Officer may revoke a building
zoning permit theretofore issued and approved in the following instances:
A.Â
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building zoning permit was based.
B.Â
Where he finds that the building zoning permit was
issued in error and should not have been issued in accordance with
the applicable law.
C.Â
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.Â
Where the person to whom a building zoning permit
has been issued fails or refuses to comply with a stop order issued
by the Building Zoning Officer.
Whenever the Building Zoning Officer has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building zoning permit was issued or in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent or
the person performing the work to suspend all work, and any such person
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
The Building Zoning Officer and the Zoning Enforcement
Officer, upon the showing of proper credentials and in the discharge
of their duties, may enter upon any building, structure or premises
at any reasonable hour, and no person shall interfere with or prevent
such entry.
A.Â
No use or occupancy of land shall be hereafter established
and no building hereafter erected, altered or extended shall be used
or changed in use until a certificate of occupancy shall have been
issued by the Building Zoning Officer in accordance with the provisions
of the State Uniform Fire Prevention and Building Code. The certificate
of occupancy specified in this section shall not be issued until approval
has been granted in writing, by the Erie County Department of Health.
B.Â
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building zoning permit shall continue to be occupied or used
for more than 30 days after completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Zoning Officer.
C.Â
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building zoning permit, the Building Zoning Officer
shall issue a certificate of occupancy upon the form provided by him.
Building permit fees shall be as set forth by
resolution of the Town Board from time to time, with such schedules
of fees being on file with the Town Clerk.
