[HISTORY: Adopted by the Board of Trustees of the Village of Canton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 121.
Electrical standards — See Ch. 144.
Environmental quality review — See Ch. 149.
Fire prevention — See Ch. 164.
Flood damage prevention — See Ch. 172.
Housing standards — See Ch. 183.
Subdivision of land — See Ch. 280.
Zoning — See Ch. 325.
[Adopted 11-10-1975 by L.L. No. 5-1975 as Ch. 60 of the 1975 Code]
[1]
Editor's Note: The applicability of the New York State Building Construction Code was accepted by the Board of Trustees by resolution of 6-11-1958. Areas not covered therein are included in this article.
A. 
Every building erected within the village limits after this article has gone into effect shall rest on a solid footing. No building shall be erected on piers. Trench walls shall be carried below the frost line but in no case less than 31/2 feet.
B. 
All debris, such as stumps, roots, vegetation and wood scraps, occurring within the building area shall be removed. The ground level in unexcavated portions shall be at least two feet from the bottom of floor joists and girders.
C. 
In no case shall the foundation wall thickness be less than eight inches, set upon a concrete base at least 12 inches deep.
D. 
All ordinary construction buildings hereafter built or altered in which the lower stories or portions thereof are used for business and the stories above for residence purposes shall have all partitions and ceilings separating the business portions from the residence portions covered with metal lath and plaster or other equivalent fireproofing material.
E. 
All building materials shall be of good quality.
A. 
Concrete for reinforced concrete construction shall consist of one part portland cement and not more than six parts aggregate by volume measured dry, and not more than 71/2 gallons of water per ninety-four-pound sack of cement. The aggregate shall be mixed in an approximate ratio of two parts fine aggregate and four parts coarse aggregate. This requirement applies under ordinary conditions and does not preclude the use of other mixtures when duly authorized.
B. 
The Building Regulations for Reinforced Concrete as adopted by the American Concrete Institute shall constitute the accepted good practice in reinforced concrete construction.
All electrical wiring, apparatus or appliances for furnishing heat, light or power must be in strict conformity with regulations of the National Board of Fire Underwriters.
A. 
All newly constructed, converted, modified or altered commercial buildings (C1 - C7) and multiple dwellings (B1 - B4) shall be wired with metal raceway, or metal clad cable.
[Added 2-1-2000 by L.L. No. 1-2000]
B. 
All newly constructed, converted, modified or altered commercial buildings (C1 - C7) and multiple dwellings (B1 - B4) require installation of an interconnected smoke and fire detection system.
[Added 2-1-2000 by L.L. No. 1-2000]
A. 
All chimneys shall be built of brick, concrete, stone, hollow tile of clay or concrete, concrete block or reinforced concrete not less than four inches thick, provided that for stone masonry other than sawed or dressed stone in courses properly bounded and tied with metal anchors, the thickness shall be not less than eight inches, and provided that in dwellings with brick or solid concrete chimneys used exclusively for ordinary stoves, ranges, furnaces or open fireplaces the thickness of the masonry may be reduced to not less than three and 33/4 inches.
B. 
Every such chimney shall be lined with a flue lining. High-pressure steam boilers, incinerators having a grate area exceeding nine square feet or of the fuel-fired type and other moderate heat appliances shall have a lining of four inches of firebrick for a distance of at least 25 feet above the flue entrance.
C. 
Chimneys shall extend at least three feet above the highest point at which they come in contact with a roof of the building and at least two feet higher than any ridge within 10 feet of such chimney. They shall be properly capped.
D. 
Chimneys shall be built upon concrete or solid masonry foundations. The footing for an exterior chimney shall start below the frost line.
E. 
The back and sides of fireplaces hereafter erected shall be of approved masonry or reinforced concrete, not less than eight inches in thickness. A lining of firebrick or other approved material at least two inches thick shall be provided unless the thickness is 12 inches.
F. 
Fireplaces, except when designed and used for approved gas appliances only, shall have hearths of brick, stone, tile or other approved incombustible material supported on masonry arches. Such hearths shall extend at least 20 inches outside of the chimney breast and not less than 12 inches beyond each side of the fireplace opening along the chimney breast. The combined thickness of hearth and supporting arch shall be not less than six inches at any point.
G. 
Wooden centers used in the construction of that part of the supporting arch which is below the hearth of the fireplace inside of the chimney breast shall be removed when the construction of the arch is completed and before plastering on the underside. For further details for chimney construction the Standard Ordinance for Chimney Construction of the National Board of Fire Underwriters may be consulted.[1]
[1]
Editor's Note: This ordinance is on file in the office of the Village Clerk.
H. 
Metal smokestacks may be permitted for boilers, furnaces and similar apparatus where large hot fires are used, provided that every such stack, or part thereof, hereafter erected within a building, other than a one-story building, shall be enclosed above the story in which the appliance served thereby is located, in walls of approved masonry or a partition construction of incombustible materials having a fire-resistance rating of not less than two hours, with a space on all sides between the stack and the enclosing walls sufficient to render the entire stack accessible for examination and repair. The enclosing walls shall be without openings, except doorways equipped with approved self-closing fire doors at various floor levels for inspection purposes. Where such a stack passes through a roof constructed of combustible materials, it shall be guarded by a galvanized iron ventilating thimble extending not less than nine inches below and nine inches above such roof construction. Such thimbles shall be of a size to provide a clearance on all sides of the stack of not less than 18 inches, provided that for stacks of low-heat appliances the clearance may be reduced to not less than 12 inches.
I. 
All chimneys extending over eight feet over the roof of the building shall be braced.
A. 
Smoke pipes enter the side of chimneys through a fire clay or metal thimble or flue ring of masonry. No smoke pipe shall pass through a floor, nor through a roof unless such roof is of fireproof or semi-fireproof construction.
B. 
Smoke pipes shall not pass through combustible partitions, except that smoke pipes from ordinary ranges and stoves may do so, provided that they are guarded by double-metal ventilated thimbles six inches larger in diameter than the pipe, or by steel tubes built in brickwork or other approved fireproofing materials extending not less than eight inches beyond all sides of the tube.
C. 
The clear distance between a smoke pipe or metal breeching and combustible material or construction, including plaster on combustible base, shall be not less than 18 inches in the case of low-heat appliances, and not less than 36 inches for medium- or high-heat appliances, except that such clearances may be reduced by 1/2 when such smoke pipes or breechings are protected with not less than one inch of asbestos or in some other approved manner for such combustible material or construction and are protected by sheet metal or equivalent covering placed at least one inch from the surface to be protected and extending the full length of the smoke pipe and not less than 12 inches beyond it on both sides. In the case of smoke pipes used on ordinary heating or cooking stoves, such clearance may be nine inches but not less.
No gas appliance shall be connected by a hose connection, and proper flue pipes are required on all water heaters.
Each entrance shall be large enough to accommodate a door not less than two feet five inches wide and six feet six inches in height.
[Amended 7-18-1988 by L.L. No. 2-1988]
The following shall be and are hereby declared to be the fire limits:
Beginning at a point on the edge of the bank of the Grasse River, in the Village of Canton as it now exists (1988), where the same is intersected by the center of the alley to the south of Patterson Feed Store to the center of Miner Street; thence southerly to a point where the south boundary of the old Akins lot intersects the center line of Miner Street thence generally easterly along the Akins lot to and along the rear lines of all the properties on Pine Street to where the line comes to the rear line of the Cox lot; thence generally northerly along the rear lines of all the properties on the west side of Park Street to the south line of the Park Florists lot thence easterly along the south line until it intersects with the center of Park Street thence down the center of Park Street to the center of East Main Street; thence easterly to the east border of the Canton Federal Savings and Loan Association lot; thence in a general northerly direction encompassing the properties on the east side of Court Street and going around the Sear-Brown Associates lot; thence back westerly to the center of Court Street; thence from this point westerly down the lot line between the Newman Center and the corner lot on Court Street and Chapel Street and along the rear line of all the lots on Chapel Street until the line reaches the east side of the Bell lot containing the gas station and home; thence northerly to the center of Chapel Street at this point the line goes westerly to the edge of the bank of the Grasse River; thence generally south along the edge of the Grasse River to the place of beginning.
A. 
No wall, structure, building or part thereof shall hereafter be built, enlarged or altered within said fire limits until a plan of the proposed work together with a statement of the materials to be used shall have been submitted to the Board of Trustees, which shall, if in accordance with the provisions herein contained, issue a permit for the proposed construction. However, permits may be issued by said Board for the erection of structures not in accordance with the provisions of this article if the same are to be used exclusively for residential purposes or suitable outbuildings appurtenant thereto.
B. 
Structures hereafter erected without permit or not in conformity with this article shall be removed.
C. 
No building shall be moved until a permit has been obtained from the Board of Trustees or a designated officer thereof, and such permit shall not be issued if the proposed new location of the building would seriously increase the fire hazard of the surrounding buildings.
Every building hereafter erected or enlarged within the fire limits shall be enclosed on all sides with walls constructed wholly of stone, well-burned brick, monolithic concrete (except that approved concrete or terra cotta blocks may be used in buildings of not over one story or not to exceed 16 feet in height) and shall have roof, top and sides of all roof structures, including dormer windows, covered with incombustible materials. All cornices shall be of incombustible material.
Any existing building within the fire limits of which the construction is such as would not be permitted in a new building under this article, and which may hereafter be damaged by fire, decay or otherwise to an amount greater than 1/2 of its present value exclusive of the foundations, shall not be repaired or rebuilt, but shall be removed.
No building over one story in height within the fire limits shall be used for a public garage unless it be of fireproof construction, nor shall any dry-cleaning establishment be permitted within said fire limits, but this article shall not apply to such uses and occupancies if the same are at present lawfully existing so long as the present occupancy continues.
Where no penalty is otherwise provided, every violation of this article of the Code of the Village of Canton shall be considered disorderly conduct and upon conviction shall be punishable by a fine of not more than $50, and in default of payment of such fine each defendant convicted shall be imprisoned not more than one day for each dollar of fine imposed.
[Adopted 4-16-2007 by L.L. No. 8-2007[2]]
[1]
Editor's Note: Former Art. II, Administration and Enforcement, adopted 11-10-1975 by L.L. No. 5-1975, as amended, was repealed 4-16-2007 by L.L. No. 9-2007.
[2]
Editor's Note: This local law was originally adopted as Ch. 216 but was included herein to maintain the organization of the Code.
A. 
This article shall provide for the administration and enforcement in the Village of Canton, New York, of the New York State Uniform Fire Prevention and Building Code (referred to herein as the Uniform Code), and of the State Energy Conservation Construction Code (referred to herein as the Energy Code). This article is established by local law adopted pursuant to § 10 of the New York Municipal Home Rule Law. Except as otherwise provided within this article, other state law, or within the Uniform Code, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article.
B. 
The Village Board may, by resolution, authorize the Mayor to enter into one or more contracts with other governments to carry out the terms of this article.
C. 
If any section of this article 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.
D. 
Definitions.
(1) 
The following definitions shall be applicable for the purpose of this article:
BUILDING PERMIT
Includes a building permit which is originally issued, as well as renewed, amended or extended pursuant to any provision of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Canton, New York, including any Acting Code Enforcement Officer.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Officer, Acting Code Enforcement Officer, and all inspectors.
DWELLING
One or more rooms designed or used for living quarters by one household, including provisions for living, cooking, sanitary and sleeping facilities, and having a separate entrance from the outside of the building or through a common hall or area.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
GROUP DWELLING
A building or a portion thereof with sleeping and living accommodations for four or more persons who are not a family, used or occupied as a club, dormitory, fraternity or sorority house, boardinghouse or rooming house, or other transient use, but not as a tourist home, or for similar uses.
[Added 12-15-2008 by L.L. No. 5-2008]
INSPECTOR
An inspector appointed pursuant to § 118-16 of this article, and acting under the supervision and direction of the Code Enforcement Officer, and who shall assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article.
MULTIPLE SINGLE-FAMILY DWELLING and MULTIPLE DWELLING
A building having dwelling units to accommodate three or more households or families or functional family units living independently of each other.
OPERATING PERMIT
Includes an operating permit which is originally issued, as well as renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit or operating permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company, partnership, limited-liability partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Canton, New York.
(2) 
Any other term requiring definition in connection with this article shall be as defined by the New York State Residential Code and the New York State Building Code.
A. 
The Code Enforcement Officer shall be appointed by the Board of Trustees of the Village of Canton.
B. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and Energy Code and the provisions of this article in the Village of Canton. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, operating permits, certificates of occupancy, certificates of compliance, temporary certificates, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, operating permits, certificates of occupancy, certificates of compliance, and temporary certificates, including permits and certificates relative to the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, and to include therein such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections prior to the issuance of building permits, operating permits, certificates of occupancy, certificates of compliance, and temporary certificates;
(4) 
To conduct firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;
(5) 
To issue stop-work orders;
(6) 
To review and investigate complaints;
(7) 
To issue orders in connection with any violations of this article;
(8) 
To maintain and file all records necessary for the administration of the office to the satisfaction of the Board of Trustees of the Village of Canton;
(9) 
To collect fees as set by the Board of Trustees of the Village of Canton;
(10) 
To pursue administrative enforcement actions and proceedings;
(11) 
In consultation with the Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and the provisions of this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or the provisions of this article; and
(12) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by the provisions of this article.
C. 
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. The Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
D. 
In the absence of the Code Enforcement Officer, or in the case of his inability to serve for any reason, the Village Mayor shall have the power, with the consent of the Village Board of Trustees, to designate a person to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article and set forth in this article.
E. 
The Village Mayor, with approval of the Village Board of Trustees, 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 assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article and set forth in this article. Each inspector shall, within the time prescribed by law, obtain such training as the State of New York shall require for code enforcement personnel. Each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
F. 
The compensation for the Code Enforcement Officer, Acting Code Enforcement Officer, and inspectors shall be fixed and adjusted as determined by the Village Board of Trustees.
G. 
The Code Enforcement Officer, Acting Code Enforcement Officer, and inspectors shall not engage in any activity inconsistent with their duties, nor shall they, during the terms of their employment, be engaged, directly or indirectly, in any building business, in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Village, except that this provision shall not prohibit them from engaging in such activities in connection with the construction of a building or structure owned by them for their own personal use and occupancy or for the use and occupancy of members of their immediate family and not constructed for sale.
A fee schedule shall be established by resolution of the Village of Canton Board of Trustees. Such fee schedule may thereafter be amended from time to time by like resolution. Such fees may be charged for the submission of applications, the issuance of building permits, operating permits, permit renewals, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, temporary certificates of compliance, and firesafety and property maintenance inspections, and for other actions of the Code Enforcement Officer described in or contemplated by this article.
A. 
Parties who propose to undertake the types of activities or operate the types of buildings listed in this subsection shall be required to obtain an operating permit prior to commencing such operation:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operation involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
Cellulose nitrate plastics pyroxylin:
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials, in excess of 2,500 cubic feet gross volume on any premises.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas.
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
(13) 
Explosives, ammunition and blasting agents:
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside of any building. This provision shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] 
Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
For the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(d) 
For the processing, blending or refining of flammable or combustible liquids.
(15) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening or crop-ripening processes, including, without limitation, processes with the use of ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
(18) 
Hazardous chemicals:
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Junkyards: to operate a junkyard.
(20) 
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or any aggregate of interconnected containers of over 2,000 gallons' water capacity and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and shall have it available for inspection.
(21) 
Lumberyards: to operate a lumberyard.
(22) 
Magnesium: for the melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressure and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system.
(26) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more.
(27) 
Service stations and repair garages: to operate a service station or repair garage.
(28) 
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
(29) 
Manufacturing, storing or handling of 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), of the publication entitled "Fire Code of New York State" (see 19 NYCRR 1225);
(30) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, and waste handling;
(31) 
Use of pyrotechnic devices in assembly occupancies;
(32) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Village Board of Trustees by resolution.
B. 
An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer 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 Code Enforcement Officer, at the expense of the applicant.
C. 
An inspection of the premises shall be conducted by the Code Enforcement Officer, Acting Code Enforcement Officer, or an inspector authorized by the Code Enforcement Officer or Acting Code Enforcement Officer prior to the issuance of an operating permit.
(1) 
In any circumstance in which more than one activity listed at Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
D. 
The fee specified in or determined in accordance with the provisions set forth at § 118-17 of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for the reissue or renewal of an operating permit.
E. 
Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
F. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
G. 
Operating permits shall remain in effect until reissued, renewed, suspended, or revoked.
H. 
Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit, or where activities do not comply with applicable provisions of the Uniform Code.
I. 
Approval or eligibility for a permit shall not relieve the applicant from the requirements set forth at Chapter 325 of the Village Code (Zoning).
A. 
Permits required.
(1) 
Except as hereinafter provided, no person 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 the following:
(a) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters);
(b) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling, multiple single-family dwelling, or townhouse;
(c) 
Installation of swimming pools associated with a one- or two-family dwelling, multiple single-family dwelling, or townhouse, where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(d) 
Construction of retaining walls, unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(e) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(f) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling, multiple single-family dwelling, or townhouse;
(g) 
Installation of partitions or movable cases less than five feet nine inches in height;
(h) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(i) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(j) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(k) 
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 for any period of time.
B. 
The exemption from the requirement to obtain a building permit for work in any category set forth at Subsection A of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
C. 
Application for a permit.
(1) 
Applications for a building permit (including an amended or renewal building permit) shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(a) 
A description of the proposed work;
(b) 
The Tax Map number and the street address of the premises where the work is to be performed;
(c) 
The occupancy classification of any affected building or structure;
(d) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code and the Energy Code; and
(e) 
At least two sets of construction documents (drawings and/or specifications) which define the scope of the proposed work.
(2) 
Construction documents shall not be accepted as part of an application for a building permit unless such documents:
(a) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(b) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(c) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code;
(d) 
Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the structures and the lot lines.
(3) 
Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
(4) 
The fee specified in or determined in accordance with § 118-17 of this article shall be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
D. 
Issuance of building permit.
(1) 
An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and the Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and the Energy Code.
E. 
Building permits shall be visibly displayed at the work site and shall remain visible until the project has been completed.
F. 
Work to be in accordance with construction documents.
(1) 
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive.
(2) 
The permit holder shall immediately notify the Code Enforcement officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer 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.
G. 
Time limits.
(1) 
Building permits become invalid unless the authorized work is commenced within six months following the date of issuance.
(2) 
Building permits shall expire 12 months following the date of issuance.
(3) 
A building permit which has become invalid or which has expired may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
H. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
I. 
Approval or eligibility for a permit shall not relieve the applicant from the requirements set forth at Chapter 325 of the Village Code (Zoning).
A. 
Permitted work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. It shall be the responsibility of the permit holder to notify the Code Enforcement Officer when construction work is ready for inspection.
(1) 
If entrance to make an inspection is refused or cannot be obtained, the Village Board, after being notified of the situation by the Code Enforcement Officer or an inspector, may apply to any court of competent jurisdiction for an order permitting the inspection to be made.
B. 
The following elements of the construction process shall be inspected, as determined by the Code Enforcement Officer to be applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection shall be performed after all work authorized by the building permit has been completed.
C. 
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 and the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and Energy Code, reinspected, and found satisfactory as completed.
D. 
The fee specified in or determined in accordance § 118-17 of this article shall be paid prior to or at the time of each inspection performed pursuant to this section.
A. 
The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or the 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 Code Enforcement Officer, 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:
(1) 
Shall be in writing;
(2) 
Shall be dated and signed by the Code Enforcement Officer;
(3) 
Shall state the reason or reasons for issuance; and
(4) 
If applicable, shall state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of the stop-work order.
(1) 
The Code Enforcement Officer shall cause the stop-work order or a copy thereof to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) either personally or by registered mail or certified mail.
(2) 
The Code Enforcement Officer shall be permitted, but shall not be 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, either personally or by registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Upon the issuance of a stop-work order, the owner of the affected property, the permit holder, and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described at Subsection A of this section. 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 provided by this article or under any other applicable local law or regulation, or state law or regulation. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of or after the issuance of a stop-work order.
A. 
No building erected subject to the Uniform Code or the Energy Code shall be occupied or used, except to the extent authorized hereunder, until a certificate of occupancy or certificate of compliance has been issued.
B. 
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 after the completion of the alteration or work unless a certificate of occupancy or a certificate of compliance has been issued.
C. 
No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy or certificate of compliance authorizing the change has been issued.
D. 
A certificate of occupancy or certificate of compliance shall be preceded by an inspection of the building, structure or work. Where applicable, the Code Enforcement Officer may require a written statement of structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code and the Energy Code, to be received prior to the issuance of the certificate. Also, where applicable, flood hazard certifications shall be received prior to the issuance of the certificate.
E. 
A certificate of occupancy or certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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;
(10) 
The zoning designation for the district where the building is located, and a statement that the building's use is lawful in the zoning district;
(11) 
Any necessary approvals of the Village Planning Board and the County Planning Board that have been issued;
(12) 
The signature of the official issuing the certificate and the date of issuance.
F. 
A temporary certificate of occupancy or temporary certificate of compliance 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.
(1) 
A temporary certificate shall not be issued unless:
(a) 
The structure or portions thereof may be occupied safely;
(b) 
Any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and
(c) 
All required means of egress from the structure have been provided.
(2) 
A temporary certificate shall list the items which remain uncompleted. The Code Enforcement Officer may place special conditions on temporary certificates as necessary to ensure safety, to further the purposes and intent of the Uniform Code and the Energy Code, and to protect the interest of the Village.
(3) 
The effectiveness of a temporary certificate shall be limited to a specified period of time as determined by the Code Enforcement Officer, but in no event longer than six months, during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code and the Energy Code.
(4) 
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.
G. 
If the Code Enforcement Officer determines that a certificate of occupancy or certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
H. 
The fee specified in or determined in accordance with § 118-17 of this article shall be paid at the time of submission of an application for a certificate of occupancy or certificate of compliance or temporary certificate.
A. 
Fire prevention and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures having areas of public assembly shall be performed at least once in every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once in every 12 months.
(3) 
Firesafety and property maintenance inspections of all group dwellings and multiple dwellings not included in Subsection A(1) or (2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once in every 36 months.
[Amended 12-15-2008 by L.L. No. 5-2008]
B. 
An inspection of a building or dwelling unit may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any other time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities exist which fail to comply with the Uniform Code, the Energy Code, or the provisions of this article; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities exist which fail to comply with the Uniform Code, the Energy Code, or the provisions of this article. However, nothing in this subsection shall be construed as permitting an inspection under circumstances where a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
Nothing in this section or in any other provision of this article 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 Executive Law § 156-e and Education Law § 807-b.
(1) 
The Code Enforcement Officer shall not be required to 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 Code Enforcement Officer shall not be required to 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 Code Enforcement Officer shall not be required to perform firesafety and property maintenance inspections of a group dwelling or a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such group dwellings and multiple dwellings at intervals not exceeding the interval specified at Subsection A(3) of this section.
[Amended 12-15-2008 by L.L. No. 5-2008]
(4) 
The Code Enforcement Officer shall not be required to perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(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 Subsection A(1) or (2) of this section.
D. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, the Code Enforcement Officer may, in his or her discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.
E. 
The fee specified in or determined in accordance with the provisions set forth at § 118-17 of this article must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The chief of any fire department providing fire-fighting services for a property within the Village of Canton shall notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent, or any fire the origin of which has been traced to the electrical system of any building or structure.
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code or the Energy Code, this article, or any other local law, ordinance, or regulation adopted by the Village Board of Trustees for administration and enforcement of the Uniform Code and the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer 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 § 118-27 of this article;
C. 
If appropriate, issuing a stop-work order; and
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.
A. 
The Code Enforcement Officer 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 article.
B. 
Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order.
(1) 
The compliance order:
(a) 
Shall be in writing;
(b) 
Shall be dated and signed by the Code Enforcement Officer;
(c) 
Shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this article or any other applicable local law, ordinance, or regulation adopted by the Village Board of Trustees for administration and enforcement of the Uniform Code and the Energy Code;
(d) 
Shall specify the provision or provisions of the Uniform Code, the Energy Code, or this article or any other applicable local law, ordinance, or regulation adopted by the Village Board of Trustees for administration and enforcement of the Uniform Code and the Energy Code which is/are violated by the specified condition or activity;
(e) 
Shall specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;
(f) 
Shall direct that compliance be achieved within the specified period of time; and
(g) 
Shall 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 Code Enforcement Officer shall cause the compliance order or a copy thereof to be served on the owner of the affected property personally or by registered mail or certified mail.
(3) 
The Code Enforcement Officer 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 registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C. 
The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
D. 
In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code, or this article, or any term or condition of any operating permit, building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, 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 Village.
E. 
Upon authorization by the Village of Canton Board of Trustees, an action or proceeding may be instituted in the name of this Village, 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, or of this article, or any term or condition of any operating permit, building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article.
F. 
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 or in any other section of this article, 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.
A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all 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 operating permits, buildings permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, compliance orders, and all other notices and orders issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All fees charged and collected; and
(9) 
All rules and regulations promulgated by the Code Enforcement Officer with the consent of the Village Board of Trustees.
B. 
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 required by state law and regulation.
C. 
The Code Enforcement Officer shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer, including a summary of all transactions and activities described in Subsection A of this section, and a report and summary of all appeals or litigation pending or concluded.
D. 
The Code Enforcement Officer shall annually submit to the Secretary of State on behalf of the Village Board, on a form prescribed by the Secretary, a report of its activities relative to administration and enforcement of the Uniform Code and the Energy Code.