[HISTORY: Adopted by the Clarkson Town Board 12-12-2006
by L.L. No. 5-2006. Amendments noted where applicable.]
This chapter shall provide for administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (Uniform Code) in
the Town of Clarkson. This chapter is adopted pursuant to § 10 of
Article 2 of the Municipal Home Rule Law. Except as otherwise provided within
this chapter, state law, or within the Uniform Code, all premises, regardless
of use, are subject to the provisions which follow.
The Town Board may, by resolution, authorize the Supervisor to enter
into a contract with other governments to carry out the terms of this chapter.
If any section of this chapter shall be held unconstitutional, invalid,
or ineffective, in whole or in part, such determination shall not be deemed
to affect, impair, or invalidate the remainder thereof.
A.
The office of Code Enforcement Officer is hereby created
and shall be filled by an appointment of the Town Board. The Code Enforcement
Officer shall possess background experience related to building construction
or fire prevention and shall, within the time constraints prescribed by law,
obtain such training as the State of New York shall require for code enforcement
personnel.
B.
In the absence of the Code Enforcement Officer, or in
the case of his inability to act for any reason, the Town Supervisor shall
have the power, with the consent of the Town Board, to designate a person
to act on behalf of the Code Enforcement Officer and to exercise all the powers
conferred upon him by this chapter.
C.
The Town Supervisor, with the approval of the Town Board,
may appoint one inspector or more, as the need may appear, to act under the
supervision and direction of the Code Enforcement Officer and to exercise
any portion of the powers and duties of the Code Enforcement Officer as directed
by him.
D.
The compensation for the Code Enforcement Officer, Acting
Code Enforcement Officer and inspectors shall be fixed and adjusted as needed
by the Town Board.
E.
The Code Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code and the provisions of this chapter,
including receiving building permit applications; reviewing plans and specifications;
conducting inspections; issuing permits for the erection, alteration, relocation,
addition, repair and/or demolition of buildings and structures; issuing certificates
of occupancy; collecting fees as set forth by the Town Board; and maintaining
and filing all records necessary for the administration of the office to the
satisfaction of the Town Board. The Code Enforcement Officer is authorized
to pursue administrative actions and, in consultation with the Town Attorney
or attorney for the Town, legal action, as necessary, to abate conditions
not in compliance with the New York State Uniform Fire Prevention and Building
Code, this chapter, or other laws, rules or regulations of the Town of Clarkson
or of the State of New York.
A.
Permits required.
(1)
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or structure,
or any portion thereof, or install a solid-fuel-burning heating appliance,
chimney or flue in any dwelling unit, without first having obtained a permit
from the Code Enforcement Officer.
(2)
No permit shall be required for:
(a)
Necessary repairs which do not materially affect structural
features;
(b)
Alterations to existing buildings, provided that the
alterations:
[1]
Cost less than $10,000.
[2]
Do not materially affect structural features;
[3]
Do not affect firesafety features such as smoke detectors,
sprinklers, required fire separations and exits;
[4]
Do not involve the installation or extension of electrical
systems; and
[5]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(c)
Residential storage sheds and other small, noncommercial
structures less than 140 square feet and located at least 10 feet from any
property line or other structure which are not intended for use by one or
more persons as quarters for living, sleeping, eating or cooking, for example,
a small storage building; and
(d)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(e)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses) where
such pools have no electrical connections and where such pools are designed
for a water depth of less than 24 inches and are installed entirely above
the ground;
(f)
Construction of retaining walls two feet or less in height,
unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(g)
Construction of temporary motion picture, television
and theater sets and scenery;
(h)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(i)
Installation of partitions or movable cases less than
five feet nine inches in height;
(j)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(k)
installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(l)
Replacement of any equipment, provided that the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications;
(m)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing wall, partition
or portion thereof or of any structural beam or load-bearing component;
[2]
The removal or change of any required means of egress,
or the rearrangement of parts of a structure in a manner which affects egress;
[3]
The enlargement, alteration, replacement or relocation
of any building system;
[4]
The removal from service of all or part of a fire-protection
system, including a wall or part of a wall designed as a fire protection barrier,
for any period of time.
B.
Application for a permit.
(1)
The application for a building permit, and its accompanying
documents, shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform Code.
(2)
The form of the permit and application therefor shall
be prescribed by the Code Enforcement Officer. The application shall be signed
by the owner (or his authorized agent) of the building and shall contain at
least the following:
(a)
The full name and address of the owner and, if by a corporation,
the names and addresses of the responsible officials;
(b)
Identification and/or a description of the land on which
the work is to be done;
(c)
A description of the use or occupancy of the land and
existing or proposed building;
(d)
A description of the proposed work;
(e)
Three sets of plans and specifications for the proposed
work,
(f)
The required fee;
(3)
The Code Enforcement Officer may waive the requirement
of plans and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
(4)
The applicant shall notify the Code Enforcement Officer
of any changes in the information contained in the application during the
period for which the permit is in effect. A permit will be issued when the
application has been determined to be complete and when the proposed work
has been determined to conform to the requirements of the Uniform Code. The
authority conferred by such permit may be limited by conditions, if any, contained
therein. Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the Code Enforcement Officer, and
approval shall be received from the Code Enforcement Officer prior to the
commencement of such change of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter shall
be prominently displayed on the property or premises to which it pertains.
(2)
A building permit issued pursuant to this chapter may
be suspended or revoked if it is determined that the work to which it pertains
is not proceeding in conformance with the Uniform Code or with any condition
attached to such permit or if there has been misrepresentation or falsification
of a material fact in connection with the application for the permit.
(3)
A building permit issued pursuant to this chapter shall
expire one year from the date of issuance or upon the issuance of a certificate
of occupancy (other than a temporary certificate of occupancy), whichever
occurs first. The permit may, upon written request, be renewed for successive
one-year periods, provided that:
A fee schedule shall be established, and changed as needed, by resolution
of the Town Board. Such fees may be charged for the issuance of permits, certificates
of occupancy and temporary certificates of occupancy, and for firesafety inspections.
A.
No building erected subject to the New York State Uniform
Fire Prevention and Building Code shall be used or occupied, except to the
extent authorized hereunder, until a certificate of occupancy has been issued.
No building similarly enlarged, extended, or altered, or upon which work has
been performed which requires the issuance of a building permit, shall be
occupied or used more than 30 days after the completion of the alteration
or work unless a certificate of occupancy has been issued. No change shall
be made in the nature of the occupancy of an existing building unless a certificate
of occupancy authorizing the change has been issued. The owner or his agent
shall make application for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued if
the building or structure or a designated portion of a building or structure
is sufficiently complete that it may be put to the use for which it is intended.
A temporary certificate of occupancy shall expire six months from the date
of issuance or at an earlier date if so specified. A temporary certificate
of occupancy may, at the discretion of the Code Enforcement Officer and upon
payment of an additional fee as specified for a temporary certificate of occupancy,
be renewed. The Code Enforcement Officer may place special conditions on temporary
certificates of occupancy as necessary to ensure safety and to protect the
interest of the Town.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any portion
thereof and upon completion of each stage of construction, including, but
not limited to, building location, site preparation, excavation, foundation,
framing, superstructure, electrical, plumbing, and heating and air conditioning.
It shall be the responsibility of the owner, applicant, or his agent to inform
the inspector that the work is ready for inspection and to schedule such inspection.
(2)
Work which requires special inspections during construction
shall be the responsibility of the owner, applicant, or his agent to provide
a list, at his expense. A statement of the special inspections, including
a complete list of materials and work requiring such inspections, and a list
of the individuals and approved agencies shall be provided to the Code Enforcement
Officer for the permit application file. The reports of such special inspections
shall be provided to the Code Enforcement Officer for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the Town Board, after being notified by the inspector of the
situation, may apply to any court of competent jurisdiction for an order to
make an inspection.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance requirements
of the Uniform Code at least once in every 36 months. Inspections of such
buildings shall include the common areas such as halls, foyers, staircases,
etc. and vacant dwelling units. Where the tenants of occupied dwelling units
allow, the inspection may include such units.
(2)
Firesafety inspections of buildings or structures having
areas of public assembly, defined as "all buildings or portions of buildings
used for gathering together 50 or more persons for amusement, athletic, civic,
dining, educational, entertainment, patriotic, political, recreational, religious,
social, or similar purposes, the entire fire area of which they are a part,
and the means of egress therefrom," shall be performed at least once in every
12 months.
(3)
All other buildings, uses and occupancies (except one-
or two-family dwellings) shall be inspected at least once in every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
A.
Upon determination that a violation of the Uniform Code
or this chapter exists in, on, or about any building or premises, the Code
Enforcement Officer shall order in writing the remedying of the condition.
Such order shall state the specific provision of the Uniform Code which the
particular condition violates and shall grant such time as may be reasonably
necessary for achieving compliance before proceedings to compel compliance
shall be instituted. Such order shall be served personally or by notification
by certified mail.
B.
In addition to those penalties prescribed by state law,
any person, firm or corporation who violates any provision of the Uniform
Code or any rule or regulation of this chapter, or the terms or conditions
of any certificate of occupancy issued by the Code Enforcement Officer, 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 the
Town Board on its own initiative or at the request of the Code Enforcement
Officer.
C.
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
Whenever the Code Enforcement Officer has reason to believe that the
work on any building or structure is being performed in violation of the provisions
of the applicable building laws, ordinances, rules or regulations or not in
conformity with the provisions of an application or in an unsafe and dangerous
manner, he shall notify the owner of the property, or the owner's agent,
to suspend all work and suspend all building activities until the stop-work
order has been rescinded. Such order and notice shall appear in writing, shall
state the conditions under which the work may be resumed and may be served
upon a person to whom it is directed either by delivering it personally to
him or by posting the same upon a conspicuous portion of the building where
the work is being performed and sending a copy of the same to him by certified
mail at the address set forth in the application for the permission of the
construction of such building.
A.
The Code Enforcement Officer shall keep permanent official
records of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued, fees
charged and collected, inspection reports, all rules and regulations promulgated
by him with the consent of the Town Board, and notices and orders issued.
All such records shall be public records open for public inspection during
normal 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.
B.
The Code Enforcement Officer shall annually submit to
the Town Board a written report and summary of all business conducted by his
office, including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made, and appeals or
litigation pending or concluded.
