Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 1-15-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 71.
Electrical inspections — See Ch. 91.
Explosives — See Ch. 100.
Fire prevention — See Ch. 110.
Plumbing — See Ch. 154.
Telecommunications — See Ch. 185.
[1]
Editor's Note: This local law also repealed former Ch. 68, Building Construction, which consisted of the following: Art. I, Standards, adopted 10-26-1994 (Part II, Ch. 5, Art. I, of the 1964 Code); and Art. II, Administration and Enforcement, adopted 5-13-1954 (Part II, Ch. 5, Art. II, of the 1964 Code), as amended.

§ 68-1 Purpose and intent.

This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 68-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Building Inspector appointed pursuant to § 68-3 of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 68-15 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 68-22 of this chapter.
CODE ENFORCEMENT PERSONNEL
The Building Inspector, all Deputy Building Inspectors, and all Fire Inspectors.
COMPLIANCE ORDER
An order issued by the Building Inspector pursuant to § 68-31B of this chapter.
DEPUTY BUILDING INSPECTOR
A deputy building inspector appointed pursuant to § 68-4 of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
FIRE INSPECTOR
A fire inspector appointed pursuant to § 68-4 of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 68-28 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 68-19 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 68-23 of this chapter.
TOWN
The Town of Poughkeepsie.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
ZONING ADMINISTRATOR
The duly designated Zoning Administrator of the Town of Poughkeepsie.
[Added 10-5-2011 by L.L. No. 26-2011]

§ 68-3 Appointment of Building Inspector.

There is hereby designated in the Town of Poughkeepsie a public official to be known as the "Building Inspector," who shall be appointed by the Town Board at a compensation to be fixed by it, who shall administer and enforce the provisions of the Uniform Code, the Energy Code, this chapter and all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings and structures and their appurtenances located in the Town of Poughkeepsie. The Building Inspector 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 Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law of the State of New York and the regulations promulgated thereunder.

§ 68-4 Appointment of other employees.

One or more Deputy Building Inspectors or Fire Inspectors may be appointed by resolution of the Town Board to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this chapter. Each Deputy Building Inspector or Fire 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 Deputy Building Inspector and Fire Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law of New York State and the regulations promulgated thereunder. The compensation for the Deputy Building Inspectors and Fire Inspectors shall be fixed from time to time by the Town Board.

§ 68-5 Acting Building Inspector.

In the absence of the Building Inspector or in case of his or her inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on his or her behalf to exercise all of the powers conferred upon him or her by this chapter, who will be certified by the New York State Department of State.

§ 68-6 Employee conduct and activities.

The Building Inspector, Deputy Building Inspectors and Fire Inspectors shall not engage in any activity inconsistent with their duties; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Poughkeepsie, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her and not constructed for sale.

§ 68-7 Powers and duties of Building Inspector.

A. 
Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter and all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment herein and the location, use, occupancy and maintenance thereof.
B. 
The Building Inspector shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates 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, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates 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 accept written reports of inspection from his/her deputies, assistants or other employees of the Town Building Department;
(5) 
To issue stop-work orders;
(6) 
To review and investigate complaints;
(7) 
To issue orders pursuant to § 68-31 of this chapter;
(8) 
To maintain records;
(9) 
To collect fees as set by the Town Board;
(10) 
To pursue administrative enforcement actions and proceedings;
(11) 
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter;
(12) 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, to require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies;
(13) 
Whenever the Building Inspector determines that a violation of this chapter requires immediate action to abate or prevent a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, to, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to abate, remove or prevent the hazard or danger. Such order may include an order to vacate a building where such hazard or danger exists. Notwithstanding any other provision of the Code of the Town of Poughkeepsie or Chapter 210, Zoning, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided in the order. In the event legal service cannot be effectuated, the Building Inspector has the right and the obligation to take emergency measures deemed necessary to correct or abate the violation;
(14) 
To administer and enforce Chapter 60 of the Code of the Town of Poughkeepsie;
(15) 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter, by the Code of the Town of Poughkeepsie and all other laws, ordinances, rules or regulations.

§ 68-8 Records; annual report.

A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All licenses issued pursuant to Chapter 60, Assemblies, Mass Public, for buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;
(5) 
All inspections and tests performed;
(6) 
All statements and reports issued;
(7) 
All complaints received;
(8) 
All investigations conducted;
(9) 
All other features and activities specified in or contemplated by §§ 68-10, 68-11, 68-12, 68-13, 68-14, 68-15, 68-16, 68-17, 68-18, 68-19, 68-21, 68-22, 68-23, 68-26, 68-27, 68-28, 68-29, and 68-30 of this chapter; and
(10) 
All fees charged and collected.
B. 
All such records shall be public records open to public inspection during business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
C. 
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, Deputy Building Inspectors and Fire Inspectors, including a report and summary of all transactions and activities described in § 68-8A of this chapter and a report and summary of all appeals or litigation pending or concluded.
D. 
The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
E. 
The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.

§ 68-9 Interdepartmental cooperation.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 68-10 Permit required; exemptions.

A. 
No person shall commence the erection, construction, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature of the occupancy, classification or subclassification of any building or structure, any work regulated by the Uniform Code or Energy Code, or the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit, and the repair or installation of any firesafety system or cause it to be done, without first obtaining a separate building permit therefor from the Building Inspector for each such building or structure, except for the work described in § 68-10B.
B. 
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, having a gross floor area of 100 square feet or less and a height of eight feet or less, which complies with the minimum requirements of Chapter 210, Zoning, as it relates to placement and setbacks;
(2) 
Installation of swings, tree houses, playhouses and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) 
Installation of partitions or movable cases less than five feet nine inches in height;
(9) 
Residential painting, wallpapering, tiling, carpeting, cabinetry or other similar finish work;
(10) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11) 
Repair of any equipment, provided the repair does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(12) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
The exemption from the requirement to obtain a building permit for work in any category set forth in § 68-10B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

§ 68-11 Application for permit.

A. 
Application for a building permit required by this article shall be made in writing to the Building Inspector on forms provided by him or her. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. Until such time as a complete application, including all of the information and documentation required by this chapter, has been received by the Building Inspector, the application shall not be considered officially submitted. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the land on which the proposed work is to be done, including the Tax Map number and the street address of the premises where the work is to be performed;
(2) 
A statement of the use or occupancy and occupancy classification of all parts of the land and of the proposed or affected building(s) or structure(s);
(3) 
The valuation of the proposed work;
(4) 
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations;
(5) 
A description of the proposed work;
(6) 
A duplicate set of plans and specifications as required by § 68-12 of this chapter;
(7) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(8) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of this chapter, the Code of the Town of Poughkeepsie, and other applicable building laws, ordinances and regulations.
B. 
Application for a building permit required by this article shall be signed by the owner or lessee of the property where the work is to be performed, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where the application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C. 
Until such time as a complete application, including all of the information and documentation as required by this chapter, has been received by the Building Inspector, the application shall not be considered as officially submitted.

§ 68-12 Submission of plans and specifications.

A. 
Each application for a building permit required by this article shall be accompanied by duplicate copies of plans and specifications which:
(1) 
Define the scope of the proposed work;
(2) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law of New York State;
(3) 
Include a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the location of any existing or proposed well or septic, the location of the intended work, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data; and
(4) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code.
B. 
Plans and specifications will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in this section.

§ 68-13 Fees.

A. 
Upon the filing of an application for a building permit required by this article, permit fees shall be payable at the time of submission of the application as specified in Chapter 105, Fees. These fees shall include a nonrefundable administrative fee that shall be specified in Chapter 105, Fees.
B. 
Any revisions from the original plans and specifications submitted will be subject to additional fees. (See Chapter 105, Fees.)
C. 
Fees submitted upon application for a building permit will be refunded according to the following schedule:
(1) 
If a building permit application is received but not reviewed or issued, the fees minus an administrative fee of $100 will be refunded.
(2) 
If a building permit application is received and reviewed, but not issued, then 95% of the fees paid, minus an administrative fee of $100, will be refunded.
(3) 
If a building permit application is received, reviewed and issued, but construction not undertaken, 90% of the fees paid, minus an administrative fee of $100, will be refunded.
(4) 
If a building permit application is received, reviewed and issued and any construction is begun, none of the application fees will be refunded.
(5) 
In the event construction is begun and a building permit is not issued, all construction shall be removed and the site returned to its original condition.
D. 
Reinspection fees pursuant to the User Fee Schedule will be required when:
(1) 
Scheduled appointments are not kept, are canceled or are rescheduled.
(2) 
Buildings are found locked or inaccessible.
(3) 
Work is not performed, ready for inspection or fails at any stage. Fees shall be collected prior to any subsequent inspections.

§ 68-14 Amendment of application or plans.

Amendments to the application for a building permit required by this article or to the plans and specifications accompanying the application may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

§ 68-15 Issuance or denial of permit.

A. 
The Building Inspector shall examine or cause to be examined all applications for building permits required by this article and the plans, specifications and documents filed therewith; he or she shall approve or disapprove the application within a reasonable time.
(1) 
Hiring an outside consultant. When a property owner or applicant for a building permit requests that the Building Inspector obtain the services of an outside consultant to review the building permit application and accompanying plans so as to assist the Building Inspector in a prompt and efficient review of such application and plans and agrees to reimburse the Town for the actual expense of retaining such outside consultant, the Building Inspector may, in his/her discretion, obtain the services of an outside consultant, such as a professional engineer or architect, to assist and facilitate the Building Inspector in his/her review of the building permit application and plans so that the Building Inspector can make a prompt determination as to whether a building permit shall be issued.
(2) 
Violations. No building permit shall be issued for any intended work where there is on the subject property an existing violation of any chapter of the Town Code of the Town of Poughkeepsie or the New York State Building Code. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Zoning Administrator or his or her designee, or the issuance of same by the Building Inspector, the Building Inspector shall not review or take action regarding an application for a building permit until such violation has been cured or ceased and/or the Building Inspector is notified by the Zoning Administrator or his or her designee of same. However, the Building Inspector may, upon his or her own determination or upon written recommendation of the Zoning Administrator, review and act on an application for a building permit involving property upon which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance.
[Added 10-5-2011 by L.L. No. 26-2011]
B. 
If the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code, and the Code of the Town of Poughkeepsie and the required fees have been paid, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by the Building Inspector and shall affix his or her signature or cause his or her signature to be affixed thereto.
C. 
Upon approval of the application for a building permit required by this article, both sets of plans and specifications shall be endorsed in writing or by stamp with the word "approved." One set of the approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his or her authorized representative at all reasonable times. However, the return of a set of accepted plans and specifications 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.
D. 
If the application for a building permit required by this article, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the Uniform Code, the Energy Code, this chapter, the Code of the Town of Poughkeepsie, and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
E. 
Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

§ 68-16 Commencement of work; extensions.

A building permit issued pursuant to this article shall be effective to authorize the commencing of work, in accordance with the application, plans and specifications on which it is based, for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each for building permits which become invalid pursuant to this section.

§ 68-17 Scope of permit.

A. 
The issuance of a building permit pursuant to this article shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable provisions of this chapter and other building laws, ordinances or regulations. All work shall conform to the approved application, and the plans and specifications 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 Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector 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.
B. 
Building permits will expire two years from the date of issuance. A building permit which has expired pursuant to this subsection may not be renewed. A new application must be filed.

§ 68-18 Revocation of permit.

The Building Inspector may revoke or suspend a building permit theretofore issued and approved until such time as the permit holder demonstrates that:
A. 
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and
B. 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code in the following instances:
(1) 
Where he or she finds that there has been any false statement, misrepresentation, incorrect, inaccurate or incomplete information as to a material fact in the application, plan or specifications on which the building permit was based.
(2) 
Where he or she finds that the building permit was issued in error and should not have been issued in accordance with the Uniform Code, the Energy Code or other applicable law.
(3) 
Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order or any other order issued by the Building Inspector.

§ 68-19 Stop-work orders.

A. 
The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or Energy 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 the Building Inspector, 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.
B. 
Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Building Inspector;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
The Building Inspector 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, also on the permit holder, personally or by certified mail, return receipt requested. The Building Inspector 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, return receipt requested; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Upon the service 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.
E. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in § 68-19A, 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 § 68-31, § 68-32, or under any other applicable provision of the Code of the Town of Poughkeepsie, 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.

§ 68-20 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this Code, the Uniform Code or the Energy Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code, the Uniform Code or the Energy Code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, the Uniform Code and the Energy Code, provided that if such structure or premises be occupied that entry be requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided at law and in equity to secure entry.

§ 68-21 Certificates of occupancy.

A. 
A certificate of occupancy 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.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
A certificate of occupancy shall be issued specific to type of construction, permitted uses and type of occupancy.
D. 
Before issuing a certificate of occupancy required by this article, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit required by this article, and he or she may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
(1) 
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Deputy Building Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in § 68-21D(2) is ready for inspection.
(2) 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(a) 
Work site prior to the issuance of a building permit;
(b) 
Footing and foundation;
(c) 
Preparation for concrete slab;
(d) 
Framing;
(e) 
Building systems, including underground and rough-in;
(f) 
Fire-resistant construction;
(g) 
Fire-resistant penetrations;
(h) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(i) 
Energy Code compliance;
(j) 
Any other inspections requested by the Building Inspector, Deputy Building Inspectors, or Fire Inspectors necessary to determine compliance with the Uniform Code or Energy Code; and
(k) 
A final inspection after all work authorized by the building permit has been completed.
(3) 
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 where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
(4) 
The fees specified in the Chapter 105, Fees, for the certificate of occupancy shall be due at the time of the submission of the application for a certificate of occupancy.
(5) 
The fee for inspections specified in or determined in accordance with the provisions set forth in Chapter 105, Fees, must be paid prior to each inspection performed pursuant to this section.
E. 
There shall be maintained in the office of the Building Inspector a record of all examinations made pursuant to § 68-21D, together with a record of findings of violations of law.
F. 
Before issuing a certificate of occupancy, as required by this article, for a change in use or type of occupancy for an F (industrial) building, a determination shall be made by the Town Engineer as to whether a wastewater discharge permit is required by Chapter 168 of this Code.

§ 68-22 Issuance of certificates of occupancy.

A. 
The Building Inspector shall issue a certificate of occupancy 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, and any Planning Board approvals, and, if applicable, 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 and any Planning Board approvals. The Building Inspector or a Deputy Building Inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
B. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations. The certificate of occupancy 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, address and Tax Map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an 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 Building Inspector issuing the certificate of occupancy and the date of issuance.
C. 
When it is found that a certificate of occupancy has been issued in error, due to false statements, misrepresentations, inconsistencies or material differences between the information submitted on the application form, and actual conditions and/or facts or information revealed subsequent to the issuance of a certificate of occupancy exposes violations of the Code of the Town of Poughkeepsie, the Uniform Code, the Energy Code, zoning ordinances and/or any other law, the Building Inspector shall revoke the certificate of occupancy. The property owner/owners and the lessee or their agents shall be notified in writing, by certified mail, return receipt requested, of the reasons for such revocation. A date for a hearing before the Town Board, if requested, shall be set. The remedy provided for herein is mutually exclusive of any penalties which are set forth in §§ 68-31 and 68-32 of the Code of the Town of Poughkeepsie or any other remedy which would otherwise be available in any court possessing jurisdiction.
D. 
Violations. No certificate of occupancy shall be issued for any work where there is on the subject property an existing violation of any chapter of the Town Code of the Town of Poughkeepsie or the New York State Building Code. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Zoning Administrator or his or her designee, or the issuance of same by the Building Inspector, the Building Inspector shall not review or take action regarding an application for a certificate of occupancy until such violation has been cured or ceased and/or the Building Inspector is notified by the Zoning Administrator or his or her designee of same.
[Added 10-5-2011 by L.L. No. 26-2011]

§ 68-23 Temporary certificates of occupancy.

A. 
Issuance; site work compliance; extensions.
(1) 
Upon the request of an applicant, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed.
(2) 
The Building Inspector may do so only after reaching the conclusion that the premises may be occupied safely without endangering life or the public welfare. In no event shall the Building Inspector issue a temporary certificate unless the Building Inspector determines:
(a) 
That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely without endangering life or the public welfare;
(b) 
That any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and
(c) 
That all required means of egress from the building or structure have been provided.
(3) 
In order to ensure compliance with outstanding items, a temporary certificate of occupancy shall include an agreement, executed by the permit holder or its duly authorized representative and the Building Inspector, which shall contain a list of items to be corrected or completed. The permit holder and the Building Inspector will confer in order to determine the appropriate time within which the outstanding items shall be addressed. The decision with regard to the same shall be made in any event by the Building Inspector. The temporary certificate of occupancy shall also contain the manner and conditions under which occupancy shall be permitted. The original temporary certificate of occupancy shall be maintained on file in the Town Building Department and a copy shall be issued to the permit holder. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the Energy Code, and any Planning Board approvals.
(4) 
The Building Inspector may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.
(5) 
In no event shall the temporary certificate of occupancy be effective for a period of more than 180 days after the issuance of the same. Within the discretion of the Building Inspector, it may be renewed for an additional period not to exceed 180 days. The decision to provide for an extension shall rest within the discretion of the Building Inspector. The determination of whether compliance has been obtained with regard to outstanding items as set forth in the agreement shall rest within the sole province of the Building Inspector.
(6) 
Notwithstanding the time limitations in § 68-23A(5), above, if it appears that site work compliance has not been obtained within the time limits provided for therein, the Building Inspector may provide for an additional extension for compliance with Planning Board's approvals for up to an additional 180 days, upon the payment of fees set forth in Chapter 105, Fees. Such extension or extensions require the mutual consent of the Director of Municipal Development. Before granting such extension, the Director of Municipal Development shall confirm that there is sufficient surety remaining, pursuant to § 210-151K of the Code of the Town of Poughkeepsie, to guarantee the satisfactory completion of the site work. If additional security is required, such security shall be provided by the applicant, pursuant to § 210-151K before the extension is issued.
B. 
The fee specified in or determined in accordance with the provisions set forth in Chapter 105, Fees, must be paid at the time of submission of an application for a temporary certificate.
C. 
Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Town respective to the use or occupancy of the land or building or any other matter covered by this article, and such temporary certificate shall not be issued except under such restrictions and provisions as outlined by the Building Inspector as will adequately assure the safety, health and welfare of the occupants of the building and of adjacent buildings and land.
D. 
If the Building Inspector determines that a temporary certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.

§ 68-24 Testing of material and equipment.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the Uniform Code or Energy Code, the Building Inspector, Deputy Building Inspectors or Fire Inspectors may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 68-25 Signs.

A. 
Signs required by the Uniform Code or the Energy Code and the Town of Poughkeepsie Building Department shall not be removed, altered, defaced or destroyed except for replacement purposes or when conditions for which the signs were intended are no longer applicable.
B. 
Required signs removed, altered, defaced or destroyed without written permission from the appropriate authority shall constitute a violation and may be punishable as provided in this chapter.

§ 68-26 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within this Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 68-27 Unsafe buildings and structures.

Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 71, Building, Unsafe, of the Town Code, as now in effect or as hereafter amended from time to time.

§ 68-28 Operating permits.

A. 
Required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR § 1225.1;
(b) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this § 68-28A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant.
C. 
The Building Inspector or a Deputy Building Inspector or Fire Inspector authorized by the Building Inspector shall inspect the subject premises prior to the issuance of an operating permit.
D. 
In any circumstance in which more than one activity listed in § 68-28A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Building Inspector to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Building Inspector, payment of the applicable fee, and approval of such application by the Building Inspector.
F. 
Revocation or suspension of operating permits. If the Building Inspector determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
The fee specified in or determined in accordance with the provisions set forth in Chapter 105, Fees, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 68-29 Firesafety and property maintenance inspections.

A. 
Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or a Deputy Building Inspector or Fire Inspector designated by the Building Inspector at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in § 68-29A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in § 68-29(A)(1) or (2), shall be performed at least once every 36 months.
B. 
In addition to the inspections required by § 68-29A, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or a Deputy Building Inspector or Fire Inspector designated by the Building Inspector at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
Nothing in this chapter or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under § 156-e of the Executive Law of New York State or § 807-b of the Education Law of New York State. Notwithstanding any other provision of this chapter to the contrary:
(1) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in § 68-29A(1) or (2) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in § 68-29A(3); and
(4) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in § 68-29A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in § 68-29A(3).
D. 
The fee specified in or determined in accordance with the provisions set forth in Chapter 105, Fees, must be paid prior to each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 68-30 Complaints.

The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 68-31 of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 68-31 Unlawful acts; penalties for offenses.

A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter, of the Uniform Code or of the Energy Code, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy, or to use any property in violation of this article, of the Uniform Code or of the Energy Code.
B. 
The Building Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Building Inspector shall issue a compliance order.
(1) 
The compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Building Inspector;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter violated by the specified condition or activity;
(e) 
Specify the period of time which the Building Inspector deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
The Building Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail, return receipt requested. The Building Inspector shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by certified mail, return receipt requested; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C. 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter, the Uniform Code, the Energy Code, or other applicable building laws, ordinances and regulations or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for each day of violation.
D. 
However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or regulations shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation.
E. 
Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person convicted thereof.
F. 
The Building Inspector, each Deputy Building Inspector and each Fire Inspector is authorized to issue appearance tickets for any violation of this chapter, the Uniform Code, and the Energy Code.
G. 
In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit or other notice or order issued by the Building Inspector pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
H. 
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 68-19, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 68-19, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (1) of § 382 of the Executive Law of New York State, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (1) of § 382 of the Executive Law.

§ 68-32 Abatement of unlawful acts.

A. 
An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order issued under or permit or certificate obtained pursuant to the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
B. 
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.
[Added 6-3-2009 by L.L. No. 22-2009]

§ 68-33 Intermunicipal agreements.

The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.