[HISTORY: Adopted by the Town Board of the Town of Goshen 3-22-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
Numbering of buildings — See Ch. 43.
Appearance tickets — See Ch. 44.
Condominium and cooperative conversions — See Ch. 49A.
Electrical inspections — See Ch. 50.
Dangerous buildings — See Ch. 51.
Flood damage prevention — See Ch. 61A.
Mobile homes — See Ch. 69.
Property maintenance — See Ch. 75.
Driveways — See Ch. 82.
Subdivision of land — See Ch. 83.
Fees — See Ch. 85.
Zoning — See Ch. 97.
Editor's Note: This local law supersedes former Ch. 49, Building Construction, adopted 8-17-1955, which adopted the State Building Construction Code, repealed by L. 1981, c. 707, § 12, effective 1-1-1984. See now Executive Law Art. 18, New York State Uniform Fire Prevention and Building Code Act.
The Town Board of the Town of Goshen hereby enacts the following administrative local law pursuant to the provisions of § 381 of the Executive Law of the State of New York and of all other applicable laws.
There is hereby established in the Town of Goshen the office of Building Inspector. A Building Inspector shall be appointed by the Town Board of the Town (the Board) at a compensation to be fixed by it from time to time.
[Added 1-15-2004 by L.L. No. 1-2004]
The Building Inspector of the Town of Goshen shall reside within Orange County, New York, or an adjoining County within the State of New York.
In the absence of the Building Inspector, or in the case of his/her inability to act for any reason, the Supervisor shall have the power, with the consent of the Board, to designate a person to act on behalf of the Building Inspector and to exercise all the powers conferred upon him/her by this chapter.
Pursuant to the provisions of Part 440 of the rules and regulations for administration and enforcement of the Uniform Fire Prevention and Building Code (Uniform Code), the regional board of review created under § 440.1 shall have the power to vary or modify, in whole or in part, any provision of the Uniform Code in cases where permitted under § 440.4 and pursuant to the procedure established under § 440.5 upon the payment of the fees required by § 440.7.
Editor's Note: See now 19 NYCRR Part 450, which governs Building Code variances.
No Building Inspector or Acting Building Inspector shall engage in any activity inconsistent with his/her duties or with the interests of the Town; nor shall be/she, during the term of his/her 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, excepting that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him/her or any member of his/her immediate family, and not constructed for sale.
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce 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 therein, and the location, use, occupancy and maintenance thereof.
He/She shall have the power to recommend to the Board the adoption of rules to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances and regulations governing building construction.
He/She shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which applications have been received or permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
He/She shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the laws, ordinances and regulations. He/She shall make all inspections necessary or proper for the carrying out of his/her duties, except that he/she may accept written reports of inspection from building inspectors or other employees of the Town Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that they are certified by a responsible official thereof.
He/She may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus by agencies whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction.
The compensation for the Building Inspector shall be fixed and adjusted as needed by the Town Board.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him/her, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. These shall be public records open to public inspection during business hours.
Each year, the Building Inspector shall submit to the Board a written report and summary of all business conducted by him/her, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals of litigation pending.
The Building Inspector may request and shall receive, so far as is necessary in the discharge of his/her duties, the assistance and cooperation of all municipal officials exercising jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein, including but not limited to fire officials and health officials.
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances consistent with the spirit of the code may be made to the regional Board of Review in accordance with Part 450 of the New York Codes, Rules and Regulations entitled "Uniform Code: Board of Review" as promulgated by the New York State Department of State. The Building Inspector shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the Board of Review pertaining to matters affecting the Town.
No person, firm or corporation shall commence the excavation, erection, construction, enlargement, alteration or improvement of any building or structure, install solid-fuel heating equipment or cause the same to be done or commence the demolition of any building or structure, or any portion thereof, without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for:
Performance of necessary repairs which do not involve material alteration of structural features and/or plumbing, electrical or heating/ventilation systems, including, for example, the replacement of siding and roofing materials, the erection of fences; or
Alterations to existing buildings, provided that they:
Cost less than $10,000;
Do not materially affect structural features;
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits;
Do not involve the installation or extension of electrical systems; and
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys or flues; or
Residential storage sheds and other small noncommercial structures less than 140 square feet 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
Nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.
The Building Inspector shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations. A building permit will be issued when the application has been determined to be complete, when the proposed work is determined to conform to the provisions of the Uniform Code, and when the Building Inspector has determined that the proposed work is in compliance with Chapter 97, Zoning, of the Code of the Town. The permit shall be prominently displayed on the property or premises to which it pertains during construction so as to be readily seen from adjacent thoroughfares, if possible.
The form of the permit and application therefor shall be prescribed by resolution of the Town Board. The application shall be signed by the owner, or his/her authorized agent, of the building or work and shall contain at least the following:
Name and address of the owner.
Identification and/or description of the land on which the work is to be done.
Description of use or occupancy of the land and existing or proposed building.
Description of the proposed work.
Estimated cost of the proposed work.
Statement that the work shall be performed in compliance with the Uniform Code and applicable state and local laws, ordinances and regulations.
Such application shall be accompanied by such documents, drawings, plans (including plot plan) and specifications as the applicant shall deem adequate and appropriate for compliance with the chapter, or as the Building Inspector may require as being necessary or appropriate in his/her judgment. The applicant may confer with the Building Inspector in advance of submitting the application to discuss the Building Inspector's requirements for same.
Any plans (including plot plan) or specifications that constitute a portion of the application, whether submitted subsequently or upon requirement by the Building Inspector, shall be stamped with the seal of an architect or professional engineer or land surveyor licensed in the State of New York and shall in all respects comply with §§ 7209 and 7307 of the Education Law of the State of New York as same may be amended from time to time.
The applicant shall notify the Building Inspector 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 is 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.
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
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.
A building permit issued pursuant to this chapter shall expire 18 months 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 six-month periods, provided that:
No building erected subject to the Uniform Code and this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used for 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/her agent shall make application for a certificate of occupancy.
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 Building Inspector and upon payment of an additional fee as specified for a temporary certificate of occupancy, be renewed. The Building Inspector may place special conditions on temporary certificates of occupancy as necessary to ensure safety and to protect the interest of the Town.
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.
Work for which a building permit has been issued under this chapter 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 agent to inform the Building Inspector that the work is ready for inspection and to schedule such inspection. 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 for an order to make an inspection to any court of competent jurisdiction.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code as follows in accordance with the following schedule:
Multiple dwellings shall be inspected for the purpose of determining compliance with fire prevention and housing 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.
Firesafety inspections of buildings or structures having areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations shall be performed at least once in every 12 months.
Editor's Note: Said Part no longer exists; see now 19 NYCRR Part 1221.
All other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 24 months.
An inspection of a building or dwelling unit may also be performed at any other time upon:
Such inspections shall be performed by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is proceeding without a permit, or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation, or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued, or is being conducted in an unsafe and dangerous manner, he/she shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reasons of the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site. A stop-work order shall be served upon a person to whom it is directed either by delivering it personally 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 the person, firm or corporations by certified mail.
Upon determination by the Building Inspector that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Building Inspector shall order in writing the remedy 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 registered mail.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of the Uniform Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Town Board, or to fail to comply with a notice, order or directive of the Building Inspector, or to construct, alter, repair, move or equip any building or structure or part thereof in a manner not permitted by an approved building permit.
Any person, firm or corporation who or which 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 Building and Firesafety Inspector, shall be liable to a fine of not more than $1,000 for each day that the violation continues and to a civil penalty of not more than $1,000 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 Building Inspector.
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 Building Inspector, or to vacate the occupancy or building in case of imminent peril of life or property, notwithstanding that a penalty or other punishment for such violation has otherwise been provided.
The Building Inspector may request and shall receive, so far as necessary in the discharge of his/her duties, the assistance and cooperation of all municipal officials exercising jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein, including but not limited to fire officials and health officials.
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, temporary certificates of occupancy and for firesafety inspections.
The Building Inspector shall keep a record of all fees collected and received under this chapter with the name of the persons upon whose account the fee was paid out and the date and amount thereof, together with the location of the building or premises to which they relate. The amounts so collected shall be remitted monthly to the Supervisor of the Town.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained in the same manner as provided in the rules for building referred to in § 49-10B. If the Building Inspector, after inspection, determines that the installation is in compliance with the Uniform Code, he/she shall issue a certificate of compliance. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure within the Town for loss of life or damage to person or property caused by any defect therein, nor shall the Town be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.