A.
The Department of Code Enforcement is hereby created. The Department
of Code Enforcement shall be responsible for the administration and
enforcement of all the provisions of this chapter, the Oneida City
Code, and New York State Uniform Prevention and Building Code, including
the Building Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing
Code, Residential Code, the Energy Conservation Code, the Property
Maintenance Code, Fire Code, Existing Building Code and the New York
State Multiple Residence Law. Under the supervision and direction
of the Director of Code Enforcement, the Department of Code Enforcement
shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; firesafety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Common Council of this City;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the City Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code, Building Code, Fuel Gas Code, Mechanical Code, Plumbing
Code, Residential Code, Existing Building Code, Fire Code, Energy
Conservation Code, Property Maintenance Code, the New York State Multiple
Residence Law, this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code, Building Code,
Fuel Gas Code, Mechanical Code, Plumbing Code, Residential Code, Energy
Conservation Code, Property Maintenance Code, the New York State Multiple
Residence Law, or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Department of Code Enforcement by this chapter.
B.
The Director of Code Enforcement shall be appointed by the City Manager
and shall be the head of the Department of Code Enforcement, which
shall consist of the Director of Code Enforcement, Code Enforcement
Officer(s) and inspector(s). The Director shall be responsible for
the operation, supervision and management of the Department of Code
Enforcement.
[Amended 7-18-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
C.
Code Enforcement Officer(s) shall be appointed by the City Manager
and shall possess background experience related to building construction
or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training,
and other training as the State of New York shall require for code
enforcement personnel, and the Code Enforcement Officer shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
[Amended 7-18-2023 by L.L. No. 6-2023[2]]
[2]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
D.
In the event that the Director of Code Enforcement is unable to serve
as such for any reason, the Code Enforcement Officer shall assume
all the duties and exercise all the powers conferred upon the Director
of Code Enforcement by this chapter.
E.
One or more inspectors may be appointed by the City Manager to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
[Amended 7-18-2023 by L.L. No. 6-2023[3]]
[3]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
F.
The compensation for Department of Code Enforcement employees, which
includes but is not limited to the Director of Code Enforcement, Code
Enforcement Officer(s) and inspector(s), shall be fixed from time
to time by the Common Council of this City.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Residential Code, Fire Code, and Existing Building Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. The Fire Marshal's Office shall be notified to schedule a solid fuel device permit inspection prior to issuance of a certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Department of Code Enforcement.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
Replacement of any equipment provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Fire Code, Existing Building Code, or the Residential Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Department of Code Enforcement. The application shall be signed
by the owner of the property where the work is to be performed or
an authorized agent of the owner. The application shall include such
information as the Department of Code Enforcement deems sufficient
to permit a determination by the Department of Code Enforcement that
the intended work complies with all applicable requirements of the
Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing
Code and/or the Residential Code. The application shall include or
be accompanied by the following information and documentation:
(1)
A description of the location, nature, extent, and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code, Energy Code, Fuel
Gas Code, Mechanical Code, Plumbing Code and/or the Residential Code;
and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or the Residential
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's registration
expiration date, the design professional's firm name (if not a sole
practitioner), and, if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer,
the firm's certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Department of Code Enforcement in writing or by stamp, or, in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Department of Code Enforcement, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code, Energy Code,
Fuel Gas Code, Mechanical Code, Plumbing Code, Fire Code, Existing
Building Code and/or Residential Code. The Code Enforcement Officer
shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code, Energy Code,
Fuel Gas Code, Mechanical Code, Plumbing Code, Fire Code, Existing
Building Code and/or Residential Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Department of Code Enforcement
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Department of Code Enforcement
determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building
permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Department of Code Enforcement.
J.
Revocation or suspension of building permits. If the Department of
Code Enforcement determines that a building permit was issued in error
because of incorrect, inaccurate, or incomplete information, or that
the work for which a building permit was issued violates the Uniform
Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code,
Residential Code, Fire Code, and/or Existing Building Code, the Department
of Code Enforcement shall revoke the building permit or suspend the
building permit until such time as the permit holder demonstrates
that:
(1)
All work then completed is in compliance with all applicable provisions
of the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code,
Plumbing Code and/or Residential Code; and
(2)
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code, Energy Code, Fuel Gas
Code, Mechanical Code, Plumbing Code and/or Residential Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by code enforcement personnel or by an inspector authorized by the Director of Code Enforcement. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory-manufactured buildings
and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
Remote inspections. At the discretion of code enforcement personnel
or an inspector authorized to perform construction inspections, a
remote inspection may be performed in lieu of an in-person inspection
when, in the opinion of the code enforcement personnel or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of code enforcement personnel or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford code enforcement personnel or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code,
Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or
the Residential Code shall remain exposed until such work shall have
been brought into compliance with all applicable provisions of the
Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing
Code and/or the Residential Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. Code enforcement personnel are authorized to
issue stop-work orders pursuant to this section. The code enforcement
personnel shall issue a stop-work order to halt:
(1)
Any work that is determined by code enforcement personnel to be contrary
to any applicable provision of the Uniform Code, Energy Code, Fuel
Gas Code, Mechanical Code, Plumbing Code and/or the Residential Code,
without regard to whether such work is or is not work for which a
building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of code enforcement personnel, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. Code enforcement personnel shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. Code enforcement
personnel shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by code enforcement personnel
to correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 33-17 (Enforcement; penalties for offenses) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Department of Code Enforcement shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code, Energy Code, Fuel Gas Code, Mechanical
Code, Plumbing Code and/or the Residential Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code, Energy
Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or the Residential
Code. Code enforcement personnel or an inspector authorized by the
Director of Code Enforcement shall inspect the building, structure,
or work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code, Energy
Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or the Residential
Code by such person or persons as may be designated by or otherwise
acceptable to the Department of Code Enforcement, at the expense of
the applicant for the certificate of occupancy or certificate of compliance,
shall be provided to the Department of Code Enforcement prior to the
issuance of the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
If the automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the code enforcement personnel issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Department of Code Enforcement
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Department of Code Enforcement
issue a temporary certificate of occupancy unless the Department of
Code Enforcement determines 1) that the building or structure, or
the portion thereof covered by the temporary certificate of occupancy,
may be occupied safely, 2) that any required fire and life safety
components, such as fire protection equipment and fire, smoke, carbon
monoxide, and heat detectors and alarms, are installed and operational,
and 3) that all required means of egress from the structure have been
provided. The Department of Code Enforcement may include in a temporary
certificate of occupancy such terms and conditions as it deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code, Energy
Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or the Residential
Code.
E.
Revocation or suspension of certificates. If the Department of Code
Enforcement determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Department
of Code Enforcement within such period of time as shall be specified
by the Department of Code Enforcement, the Department of Code Enforcement
shall revoke or suspend such certificate.
