Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma 5-10-1946 by Ord. No. 1; amended in its entirety 9-22-1954. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 56.
Electrical standards — See Ch. 71.
Excavations — See Ch. 75.
Fire prevention — See Ch. 79.
Flood damage prevention — See Ch. 82.
Mobile home parks — See Ch. 97.
Site plan review — See Ch. 117.
Subdivision of land — See Ch. 123.
Stormwater management — See Ch. 120.
Zoning — See Ch. 144.

§ 52-1 Scope.

It is the intent and purpose of this chapter to set certain minimum requirements for the construction of:
A. 
New buildings for residential, commercial or industrial purposes.
B. 
Additions to or conversions of existing buildings to be used for residential, commercial or industrial purposes in the Town of Elma.

§ 52-2 Application for construction of or conversion to residential buildings.

Any person, persons or corporation desiring to construct a new residential building or to add to an existing residential building or to convert to a residential building, in the Town of Elma, shall make written application, in duplicate, to the Town Clerk of said Town upon forms supplied by the Clerk. Such forms shall contain the name of the applicant, the name of the architect, if any, the name of the builder and the full name and address of the owner of the property or agent. Each application shall state the estimated cost of the undertaking and shall be accompanied by drawings showing the size of the lot or lots on which it is proposed to build, with floor plans and elevations of the building or buildings, indicating overall dimensions, location of various partitions, windows, doors and chimneys, the purpose of rooms, together with a written description of the type of construction, grade of materials and the finish to be used. The application shall also be accompanied by a further form and a drawing to be submitted to the Health Officer for his approval, showing construction or method of sewage disposal, except when located within an approved sanitary sewage disposal district.

§ 52-3 Building permit fees.

[Amended 3-7-1979]
Any person desiring a building permit shall, at the time of filing an application therefor, as provided in this chapter, pay to the Town Clerk a fee or fees as fixed by resolution of the Town Board from time to time.

§ 52-4 Recreation filing fee.

[Added 10-19-1988[1]]
A. 
A recreation filing fee shall be paid by the building permit applicant with each residential building permit application, or in the alternative, at the option of the Town Board, upon the recommendation of the Planning Board, the Town may accept a contribution of land by a subdivision applicant or developer for future development of recreational area in lieu of per lot or unit charge.
B. 
The amount to be charged as a recreation filing fee, pursuant to this section, shall be determined from time to time by resolution of the Town Board.
[1]
Editor's Note: This ordinance also provided that the remaining sections of this chapter be renumbered accordingly.

§ 52-5 Issuance of building permits.

A. 
Every application shall be verified by the owner or his agent. Upon receipt of the applications by the Town Clerk, accompanied by the required fees, the duplicate copy shall immediately be turned over to the Building Inspector. If, in the judgment of the Building Inspector, the application indicates that the contemplated construction will comply with the requirements of this chapter, or any amendments thereto which may hereafter be enacted by the Town of Elma, and the laws of the State of New York, the Building Inspector shall issue a permit to the applicant for the erection of the building and file the application and a copy of the permit with the Town Clerk.
B. 
In addition, every such application shall contain plans showing the location of all downspouts, sump pump discharge and any other discharge other than sewerage discharge and how such discharges would be located on, and disposed of on, the premises for which a permit is sought. Such plans must be approved by both the Town Engineer and the Building Inspector and the work satisfactorily completed before a certificate of occupancy shall be issued. Plans for such discharge disposal shall take into consideration the ultimate disposal of such discharges and the ability of the final discharge point to carry the discharges and shall, in addition, minimize surface runoff onto adjacent properties. Such plans shall conform to any stormwater pollution plan approved by the Town for the project in accordance with Chapter 120 of this Code.
[Added 7-15-1981; amended 4-15-2015 by L.L. No. 2-2015]

§ 52-6 Appeal upon denial of permit; fee.

[Amended 3-7-1979]
If the Building Inspector denies the application by reason of nonconforming lot, land usage or construction or for any other reason, then the applicant may file an appeal to the Zoning Board of Appeals. Appeal applications may be obtained from the Building Inspector or Town Clerk, and a fee, to be fixed by resolution of the Town Board from time to time, must be paid to the Town Clerk for each application. The Town Clerk shall forward an appeal application to the Chairman of the Board of Appeals, together with a notation of payment of fee.

§ 52-7 Appointment of Building Inspector. [1]

The Town Board, upon approval and passage of this chapter, shall forthwith appoint a Building Inspector, whose term of office shall expire on December 31, 1954, unless sooner removed by the Town Board. At the first annual meeting of the Town Board on each succeeding year thereafter, a Building Inspector shall be appointed for a term of one year unless sooner removed by the Town Board.
[1]
Editor's Note: This section has been superseded by Art. 75 of the Civil Service Law.

§ 52-8 Inspection of buildings; condemnation of noncomplying buildings; penalty for removal of condemnation notice.

A. 
The Building Inspector shall inspect all buildings covered by this chapter at the time of their construction and shall notify the Town Board of any noncompliance with the code in the construction of such buildings.
B. 
The Building Inspector shall thereupon condemn and prohibit the use of such buildings and shall notify the owner of such condemnation and shall cause notice of such condemnation to be posted conspicuously on such building. The Building Inspector is authorized to issue stop-work orders for violations of the Town Building Code at any stage of construction if, in the Building Inspector's opinion, noncompliance with the Building Code at that stage of construction could adversely affect public health or safety or soundness of the building, or such violation may be difficult or impossible to reinspect for compliance if construction continues.
[Amended 7-3-1996]
C. 
The removal of such posted condemnation notice without the consent of the Town Board shall be a violation punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[Amended 6-3-1981]
D. 
The condemnation notice shall be removed at the direction of the Town Board upon written receipt from the Building Inspector that the building has been reconstructed to comply with this code.

§ 52-9 Penalties for offenses.

[Added 6-3-1981]
A. 
A person erecting a building, as set forth in § 52-1 without a permit shall be guilty of a violation, punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
B. 
Any person, firm, association or corporation charged with violating any provision of this Building Code shall be notified, in writing, to be served personally or by registered or certified mail, return receipt requested, upon the same, and any person, firm, association or corporation refusing, failing or neglecting to obey said notice of violation within five days after such written notice shall have been served shall, for each and every violation and for each and every day such violation continues beyond such five-day period, be guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 30 days, or both. Each week's continued violation thereafter shall constitute a separate additional violation.
[Amended 3-7-1984]

§ 52-10 Adoption of State Building Code.

The Town of Elma hereby adopts the State of New York Building Construction Code and accepts the applicability of the State Building Construction Code for the Town of Elma of the County of Erie of the State of New York in accordance with the provisions of § 374-a of the Executive Law. The Elma Town Clerk be and hereby is instructed to file a certified copy of this section in the principal office of the State Building Code Commission at 1740 Broadway, New York, 19, New York, and in the office of the Secretary of State at Albany, New York.

§ 52-11 Use of spruce in construction.

[Added 1-2-1984 by L.L. No. 1-1984]
Notwithstanding the provisions of § 52-10 of this chapter, and in accordance with the provisions of § 379, Subsection 1, of the Executive Law, the use of spruce material or a combination of pine/spruce/fir, known in the construction trade as "SPF," shall not be permitted in all construction in the Town of Elma, and the Building Inspector shall not hereafter issue building permits for structures containing such materials.

§ 52-12 Exceptions.

[Added 11-4-1987 by L.L. No. 3-1987]
A. 
Notwithstanding the provisions of § 52-11 of this Code, spruce and SPF material may be used in the construction of buildings and structures not intended for residential use.
B. 
For the purposes of this section, "residential use" shall include not only a dwelling, but also any portion of a structure attached to a dwelling, except decking.

§ 52-13 Use of wood foundations.

[Added 3-5-1986 by L.L. No. 1-1986]
Notwithstanding any other provision of this Code or of the State Fire Prevention and Building Code or of any other statute, rule or regulation, wood foundations shall be permitted in the Town of Elma only upon compliance with the following conditions:
A. 
For structures of not more than two stories in height.
B. 
The applicant for a building permit must submit with his application, in addition to all other required data and documents, a report prepared by a qualified soils engineer or soil scientist showing the type of soil within the plot sight, its structural performance, drainage characteristics, frost heave potential and volume change potential expansion.
C. 
The data listed in Subsection B must indicate that the soil on the plot is adequate for the structure proposed with respect to design loads. Design loads from the American National Standards Institute Standard A58.1-1972 or other nationally recognized design reference shall be used as a guide.
D. 
The entire foundation shall be erected pursuant to any New York State recognized standard generally accepted in the construction industry, and the application for a building permit shall indicate the standard being followed.
E. 
In the event that the Building Inspector is required to make more inspections than normally required during the course of construction, an additional inspection fee, to be fixed from time to time by resolution of the Town Board, may be assessed by the Building Inspector, not to exceed the sum of $100. All fees must be paid before a certificate of occupancy is issued.
F. 
Before issuing a building permit for a structure having a wood foundation, the Building Inspector must be satisfied that the person who will install said foundation has sufficient experience and skill to properly do so.

§ 52-14 Roof and floor sheathing.

[Added 4-15-1987 by L.L. No. 1-1987]
In any construction in the Town of Elma, roof sheathing shall consist of not less than one-half-inch plywood, and floor sheathing shall consist of not less than five-eighths-inch plywood. Aspenite, flake board and like materials shall not be used.