This Article shall provide the method for administration and enforcement of the statutes, local laws, ordinances, rules and regulations within the jurisdiction of the Bureau of Code Enforcement and further establish powers, duties and responsibilities in connection therewith.
The words and phrases used in this Article shall have the meanings given in Part 606 of the New York State Uniform Fire Prevention and Building Code or as stated below:
A room or space classified as a Group C-5 occupancy regardless of the number of persons.
A permit to build a building, structure or an addition or to erect a fence, deck or swimming pool.
A certificate that something other than a structure meets the code (e.g. a fence, pool, deck, etc.).
A certificate issued at the request of banks, lending institutions or other lenders, where the issuance of a certificate of occupancy is not applicable.
A certificate authorizing the use and occupation of a structure of new construction or conversion or renovation.
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 or any portion thereof; or install heating, solid-fuel-burning apparatus, chimney or flue in any dwelling unit; or change the nature of the occupancy of any building or structure; or begin site preparation, excavation or filling; or cause the same to be done, without first obtaining a separate building permit from the Bureau for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature and do not include the installation or extension of electrical systems, plumbing and heating, ventilation and air conditioning (HVAC) or fire detection/fire suppression systems.
B.
Building permit application. Application for a building permit shall be made to the Bureau on forms it provides. The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work is in accordance with requirements of the Uniform Code and other applicable statutes, laws, rules and regulations and ordinances. If it is determined that the information is not sufficient or does not meet the necessary standards, then the application will be deferred until such time as the information is provided or said application will be denied in the discretion of the Bureau.
C.
Plans and specifications. Each application for a building permit shall be accompanied by a complete set of plans and specifications drawn to scale; also a plot plan showing the location and size of all proposed new construction, including the details of structural, mechanical, electrical, plumbing, heating, ventilation and air conditioning, including computation, stress diagrams and other technical data. Plans and specifications shall bear a stamp and signature, in compliance with §§ 7209 and 7307 of the State Education Law, of the person responsible for the design and drawing. The Bureau shall have the right to require multiple sets of the documents described above in a number to be determined on a case-by-case basis.
D.
Issuance of building permit. The Bureau Chief shall examine or cause to be examined all applications for permits and plans, specifications and documents filed therewith. The Bureau Chief shall approve or disapprove the application within a reasonable amount of time, subject to the requirements of the Zoning Ordinance[1] and subject to site plan review by the Planning Commission when appropriate. Upon approval of the application and upon the receipt of the proper fees thereof, the Bureau shall issue or cause to be issued a building permit to the applicant upon the appropriate forms and shall affix his/her signature thereto. The authority conferred by such permit may be limited by conditions, if any, contained therein.
E.
Permits for electrical and/or plumbing. Nothing in this Article shall be construed to permit the Electrical Board and/or the Plumbing Board to issue permits authorizing any work to be performed. The sole and exclusive authority to issue building permits, including permit(s) for electrical and/or plumbing work is vested in the Bureau Chief.
F.
Display of permit. A building permit issued pursuant to this section shall be prominently displayed on the property or premises to which it pertains during the entire course of construction activity and until a certificate of occupancy is issued.
G.
Duration of permit. A building permit shall expire no more than one year from the date of issue. The duration of the building permit shall be determined by the issuer of the permit and shall be prominently noted on the face of the building permit. In the absence of a specified duration on the face of the permit, the duration shall be deemed to be one year.
H.
Expenses. The Bureau Chief shall have the right to assess the applicant with any and all necessary and proper charges incurred in the issuance or denial of the applicant for a building permit or demolition permit.
I.
Delegation of duties. The Bureau Chief shall have the right to delegate his duties under this section; provided, however, that the Bureau Chief shall remain responsible for the acts or omissions of such designee(s).
J.
Permits shall be required for all construction of permit-related work on municipal buildings; however, no fee shall be charged for such permits.
[Added 2-6-1996 by L.L. No. 2-1996]
Any aggrieved person may, on a form prescribed by the Secretary of State and accompanied with all the necessary documents and fees as specified by the state, appeal to the Regional Board of Review for a variance from the New York State Uniform Fire Prevention and Building Code.
The permit may, upon written application, be renewed for a period not to exceed one year, provided that:
i.
The permit has not been revoked or suspended at the time the renewal is made.
ii.
The relevant information in the application is updated.
iii.
The renewal fee of 50% of the original permit fee is paid.
| Nothing in this section shall be deemed to mean that the Bureau must renew the building permit. The renewal permit shall be issued only by the Bureau Chief. The duty of the Bureau Chief is nondelegable. |
Construction work for which a building permit has been issued shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each phase of construction, including but not limited to foundation, framing, superstructural, electrical, plumbing, insulation, heating, air-conditioning, solid woodburning device and chimney and flue vents, all as determined by the Bureau. It shall be the responsibility of the owner, applicant or his/her agent to inform the appropriate inspector, either in writing or by calling, that the work is ready for inspection and to schedule such inspection.
[Amended 1-19-1999 by L.L. No. 2-1999]
Whenever the Bureau Chief has reasonable grounds to believe that work on any building or structure is proceeding without a building permit or is otherwise in violation of provisions of any applicable laws, codes, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building 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 or the occupant of the property to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such stop-work order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served by posting upon a conspicuous portion of the building under construction and by sending a copy of the same to the owner, owner's agent, contractor or occupant, by certified mail, return receipt requested. A stop-work order can only be rescinded by the Bureau Chief. This duty of the Bureau Chief is nondelegable. In addition to the penalties prescribed by § C152(N), any person(s) found to violate this section shall be assessed an additional charge of two times the permit fee from the specific job in order to have the permit issued/reinstated.
If said violation is found to exist on a building or structure for which no fee is prescribed in Appendix § A181-2 (i.e., one- and two-family residential dwellings (A1 and A2 as defined by the New York State Uniform Fire Prevention and Building Code, 9 NYCRR), then the "permit fee," for purposes of the penalty imposed by this section, shall be:
1.
For construction or other permit-related work costing five hundred dollars ($500.00) or more: for initial application/plan review: twenty dollars ($20.00), plus five dollars ($5.00) per one thousand dollars ($1,000.00) of cost of construction.
2.
For construction or other permit-related work costing less than five hundred dollars ($500.00): a flat fee of fifteen dollars ($15.00).
A.
Certificate of occupancy required.
i.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Bureau Chief.
ii.
No change shall be made in the use or type of an existing building unless a certificate of occupancy shall have been issued by the Bureau Chief.
B.
Inspection prior to issue. Before issuing a certificate of occupancy, the Bureau shall examine or cause to be examined all buildings, structures and the site for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use of occupancy, and it may conduct such inspections as deemed appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Bureau a record of all such examinations and inspections, together with a record of findings of violations of the law.
C.
Temporary certificates. A temporary certificate of occupancy may be issued for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed if the building may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain in effect for a period not to exceed six months from the date issued. For good cause, the Bureau Chief may allow a maximum of two extensions for periods not exceeding a cumulative total of six months for the extensions.
D.
Test. Whenever there is reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the New York State Uniform Fire Prevention and Building Code and other applicable laws, ordinances or regulations, the Bureau may require the same to be subjected to tests in order to furnish proof of such compliance. The cost of such testing shall be borne by the property owner and/or applicant.
E.
Certificate of compliance. A certificate of compliance shall be issued for all work not applicable for a certificate of occupancy (fences, decks, swimming pools, etc.), as determined by the Bureau Chief. A certificate of compliance under this section shall not be the same as a certificate of zoning compliance under § 177-33 of the Zoning Ordinance.[1]
All places of public assembly shall be posted for occupancy based on the floor area and number of exits. This shall be posted in a conspicuous place at all times. It shall be the responsibility of the owner, manager or person in charge to ensure that the occupancy does not exceed the posted number.
[Amended 11-1-1994 by L.L. No. 14-1994; 10-3-1995 by L.L. No. 11-1995; 3-4-1997 by L.L. No. 3-1997; 12-1-1998 by L.L. No. 14-1998; 9-6-2005 by L.L. No. 2-2005; 8-6-2013 by L.L. No. 3-2013; 4-15-2014 by L.L. No. 3-2014; 12-2-2014 by L.L. No. 8-2014; 8-16-2016 by L.L. No. 4-2016; 4-4-2018 by L.L. No. 8-2018; 7-6-2021 by L.L. No. 4-2021; 10-3-2023 by L.L. No. 7-2023]
A.
The Property Conservation Code of the City of Fulton shall be enforced by the Bureau of Code Enforcement under the jurisdiction of the Bureau Chief.
B.
BUREAU
DWELLING UNIT
HOUSING/BUILDING STANDARDS
LAND CONTRACT
OWNER
RENTAL DWELLING
RENTAL PERMIT/CERTIFICATE
TRANSIENT DWELLING or BOARDINGHOUSE
Definitions. For purposes of this section, the following terms shall have the meanings indicated:
The Bureau of Code Enforcement of the City of Fulton and each officer or employee of such department.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. [See 9 NYCRR Subchapter A, Part 606.3(52).]
All state, local codes, rules and regulations associated with the Property Conservation Code of the City of Fulton.
Any occupied residential dwelling and/or dwelling unit for the purpose of rent-to-own contract will be deemed a rental dwelling in the City of Fulton.
The fee simple record title owner or the deeded life tenant of the structure.
Any non-owner-occupied residential dwelling and/or any dwelling unit within such building which is rented/leased for pecuniary gain.
A certificate issued by the Bureau that certifies that the rental dwelling is in substantial compliance with the applicable statutes, codes and ordinances of the State of New York, the County of Oswego and the City of Fulton, including but not limited to the Property Conservation Code and the Zoning Ordinance of the city.
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
C.
Rental Permits.
1.
Owners and Lessors, or their respective agents, of premises shall file with the Department, on the registration forms available, the following information:
(a)
The names and addresses of the Owner and Lessor and of their respective agents upon whom the violation order may be served.
(1)
Owners and Lessors who reside 25 miles or more from City Hall must designate a local agent who shall be authorized to act as the Owner's or Lessor's agent for any matters related to the Owner's or Lessor's rental permit(s), including but not limited to authorization to receive and respond to notices from the City of Fulton and to receive service of process in any action or proceeding brought by the City of Fulton against the Owner or Lessor.
(2)
Any such agent who is designated by an Owner or Lessor of premises must reside within 25 miles from City Hall and must provide the City of Fulton with a local address and telephone number. A post office box is not acceptable as a mailing address. Such agent must also provide a valid New York State driver's license or New York State non-driver identification card to include but is not limited to the agent's name, address, physical description and date of birth, with photograph.
(b)
A description of the property, by street and number or otherwise, as will enable the Housing Inspector to locate the same.
(c)
Such other appropriate information as may be requested, including but not limited to number of units, number and type of rooms, together with a typical floor layout of the units and rooms with appropriate designations and identifications.
2.
Effective November 7, 1994, it shall be unlawful to own any rental dwelling unit for which the application for a rental permit has not been filed with the Bureau. This paragraph shall not apply to owner-occupied single-family residential dwellings or to owner-occupied dwelling units within a two-family residential dwelling or a multiple dwelling. However, this section shall apply to the building structure itself, common space and other rental units within such buildings. Furthermore, after January 1, 1995, it shall be required that a valid and effective rental permit be issued prior to ownership and the occupation of a rental unit(s).
3.
A rental permit fee of $150 per dwelling unit and a fee of $75 per sleeping room in a boardinghouse or non-transient dwelling shall be charged for each unit or room for which a permit is required. Failure to pay the fee shall result in the denial of the permit. The total rental permit application fees due for an entire structure shall be due and payable at one time, regardless of whether or not each dwelling unit or sleeping room is capable of being rented. The collector of the rental permit fee shall have no authority to accept a fee for less than the number of actual dwelling units or sleeping rooms in the structure, regardless of whether or not each dwelling unit or sleeping room is capable of being occupied.
(a)
The $150 fee per unit and the $75 fee per sleeping room includes the initial inspection and one follow up inspection to correct any violation(s) found. Any and all subsequent inspection(s) necessary to determine compliance with required action or repairs shall be subject to a charge of $60 per unit and $30 per sleeping room for the third inspection; $90 per unit and $45 per sleeping room for the fourth inspection; $120 per unit and $60 per sleeping room for the fifth inspection; $150 per unit and $75 per sleeping room for the sixth inspection; $180 per unit and $90 per sleeping room for the seventh inspection. In the case that a unit/sleeping room is occupied, the subsequent inspection process shall end after the fourth inspection if the unit/sleeping room remains noncompliant and an accusatory instrument shall be issued by the Code Enforcement Officer.
4.
Once the application for a rental permit has been filed and appropriate fee(s) paid, the owner shall be responsible to schedule an inspection of the premises with the Bureau of Code Enforcement to ensure compliance with all applicable codes, ordinances, rules and regulations of the city, including but not limited to the Property Conservation Code, Zoning Ordinance and Code of NYS.
(a)
Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of $25 per unit.
(b)
Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of $25 per unit.
(c)
Cancellation of a scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of $35 per unit.
(d)
Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Chief of the Department or his designee for good cause shown.
(e)
No rental certificate shall be issued until all rental permit fees are paid in full. Unpaid fees shall be subject to the placement and recording of a lien by the City of Fulton against the inspected property.
5.
If the Bureau inspector is denied access to the dwelling unit, the rental permit certificate shall be denied and the property considered in violation of this section.
6.
Should violations of the housing standards be found during the inspection, notice and orders will be sent to the owner containing a description of each violation, the specific section of how violated and the time within which each violation must be corrected.
7.
The owner is entitled to and may request an administrative hearing before the Bureau Chief if he has any questions or would like additional time to correct the violation(s). This hearing must be requested within the shortest time period given to correct any violation.
8.
When the property is found to be in substantial compliance with the Property Conservation Code, NYS Code and all applicable rules and regulations of the city, a rental permit certificate shall be issued by the Bureau.
9.
Rental permit certificates shall be valid for a period of three years from the date of application issue or until the actual sale or transfer of the fee or equitable title to the real property, whichever occurs first. The new property owner must contact the Code Department to schedule a rental permit reinspection within 30 days of transfer. The transfer shall be evidenced by the recording of an instrument in the Oswego County Clerk's office. A mortgage shall be deemed not to be a transfer of the fee or equitable title.
10.
Once the rental permit certificate has been issued, if the rental unit(s) is/are found to be in violation of any applicable rules and regulations of the city at any time during the following three years, the rental permit certificate for that unit shall be revoked and a new rental permit must be obtained. The fee to renew shall be $500 for a revoked permit.
11.
If the notice and orders have not been complied with within six months from the date the notice and order were issued or if the time to correct has not been extended through the use of an administrative agreement instrument, the application of rental permits shall become null and void and the owner shall be required to obtain a new rental permit and pay appropriate fees.
(a)
Permit applicants with outstanding violations or unpaid monies.
(1)
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Fulton code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Fulton (hereinafter "unpaid monies").
(a)
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Fulton of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e)
No application fees shall be refunded upon revocation of the permit.
(f)
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(b)
Administrative remedy for failure to obtain a rental permit:
(1)
In the event that an owner and lessor has not obtained a rental permit from the Department, the Bureau Chief shall serve written demand upon the owner to submit such application. If the owner is a nonresident of the City of Fulton, such demand mailed to such owner addressed to the owner's last known address shall be sufficient service thereof.
(a)
If the person upon whom the demand is served fails to obtain a rental permit within 20 days after service of such demand, then the owner shall be charged an administrative fee to cover the costs incurred in preparing and serving such demand, which said fee shall be presented to the City Clerk/Chamberlain; said costs shall thereupon become a lien upon the property for which a rental permit application was demanded, and shall be added to become a part of the taxes next to be assessed and levied upon such property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same City official and in the same manner as taxes. In no event shall the special assessment levied under this section be less than $200.
(b)
Each thirty-day period for which an owner and lessor fails to file an application for a rental permit shall be deemed to be a separate violation, for which the Bureau Chief may make an additional written demand, and an additional administrative fee can be charged and assessed against the property as set forth herein for each such violation.
(c)
Administrative remedy for failure to designate a local agent:
(1)
In the event that an owner and lessor who resides 25 miles or more from City Hall has not designated a local agent as required by this section, the Bureau Chief shall serve written demand upon the owner to submit such designation. Such demand mailed to such owner addressed to the owner's last known address shall be sufficient service thereof.
(a)
If the person upon whom the demand is served fails to designate a local agent within 20 days after service of such demand, then the owner shall be charged an administrative fee to cover the costs incurred in preparing and serving such demand, which said fee shall be presented to the City Clerk/Chamberlain; said costs shall thereupon become a lien upon the property for which a designation of local agent was demanded, and shall be added to become a part of the taxes next to be assessed and levied upon such property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same City official and in the same manner as taxes. In no event shall the special assessment levied under this section be less than $200.
(b)
Each thirty-day period for which an owner and lessor fails to designate a local agent shall be deemed to be a separate violation, for which the Bureau Chief may make an additional written demand, and an additional administrative fee can be charged and assessed against the property as set forth herein for each such violation.
A.
The demolition of any structure shall not commence before an application for a demolition permit has been completed and approved and a demolition permit issued by the Bureau Chief.
B.
A certificate of insurance in an amount set by the Bureau shall be furnished with the application.
C.
A site plan showing distances to property lines and adjoining buildings must accompany the application.
D.
Proof of ownership of the property must accompany the application.
E.
Adjoining property owners within 100 feet must be notified of the demolition.
F.
All services (electrical, gas, water and sewer) must be properly terminated at the expense of the property owner and/or the person to whom the demolition permit is issued. The gas service must be capped in accordance with Niagara Mohawk Power Corporation or other public utility requirements. The water and sewer laterals must be capped and inspected by the Plumbing Inspector.
G.
The Bureau shall be notified of the dumping site for the building materials.
H.
At the end of the workday, there shall be no debris laying about the site. Steps shall be taken to secure the site from unauthorized entry.
I.
Steps shall be taken to keep the work site dust-free.
J.
Upon completion of backfilling, the area shall be suitably landscaped and seeded or, if a commercial usage is planned for the site, shall be suitably prepared for such usage. In either case, the site shall be made safe, free of debris, and level.
[Amended 6-15-2010 by L.L. No. 5-2010]
K.
A fee for the demolition permit shall be paid in accordance with the general construction permit fee.
L.
A demolition permit shall expire no more than one year from the date of issue. The duration of the demolition permit shall be determined by the issuer of the permit and shall be prominently noted on the face of the demolition permit. In the absence of a specified duration on the face of the permit, the duration shall be deemed to be one year.
[Added 2-20-2001 by L.L. No. 1-2001]
M.
The Bureau Chief shall require applicants for a building permit for demolition, the estimated cost of which is $35,000 or greater, to provide performance bond to the City of Fulton which shall insure completion of the demolition work to the standards established by the city. After the approval of the application and before the issuance of any permit, the applicant shall file with the Bureau Chief one of the following performance guarantees in a total amount equal to the estimated cost of the demolition activities. The estimated cost of demolition activities shall include the cost of hazardous substances removal and disposal and the cost of meeting the minimum site restoration and design standards specified in a performance bond which shall be satisfactory to the City Clerk/Chamberlain as to form, sufficiency, manner of execution, surety and period of execution; a letter of credit from a financial institution, the terms of which are approve by the City Clerk/Chamberlain; or similar security acceptable by the City Clerk/Chamberlain.
[Amended 2-20-2001 by L.L. No. 1-2001; 4-7-2015 by L.L. No. 4-2015]
Special permits. Firesafety permits for the storage, handling, transport or disposal of any material that is combustible, flammable, explosive, hazardous, infectious or radioactive, together with all welding and cutting operations, shall be issued by the Bureau Chief and the Fire Marshal at fee(s) set by resolution of the Common Council.
In the event that a violation of the Code is found in an existing building or structure, a notice and order containing a description of each violation, the specific section of how violated and the time within which each violation must be corrected shall be sent to the assessed property owner. The owner shall have the right to request an administrative hearing before the Bureau Chief to address any question he or she may have concerning the violation notice or to request additional time to correct the violation(s). Such hearing must be requested within the shortest time period that the owner has been given to correct any violation.
A reinspection of the property will be conducted upon the expiration of the time given to comply. If the violation(s) have not been corrected, the matter shall be referred to the City Attorney's office for litigation and/or an appearance ticket will be issued by the Bureau Chief.
[Amended 9-18-2018 by L.L. No. 11-2018]
A.
Any person, association, partnership, firm or corporation violating any of the provisions of this Title shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not less than $50 and not to exceed $250 per day or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a continuing offense and shall be punishable as a continuing offense hereunder. A separate accusatory instrument and/or complaint shall not be necessary for each day that the violation exists.
B.
In case of a violation of this Title, the city and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
No officer, agent or employee of the City of Fulton shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under the local law.
