[HISTORY: Adopted by the Town Board of the Town of Copake 6-13-1996 by L.L. No. 1-1996. 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 Copake. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
The Town of Copake may, by resolution, enter into a contract with other governments to carry out the terms of this chapter.
There is hereby created the appointive Office of Building Inspector. The Building Inspector shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by it. In the absence of the Building Inspector to act for any reason, the chief executive officer shall have the power, with the consent of the Town Board, to designate a person to act for this officer. Compensation shall be as may, from time to time, be fixed by the Town Board by resolution.
A schedule of fees shall be established by resolution by the Town of Copake Town Board.
The Building Inspector shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code. The Building Inspector may promulgate rules and regulations subject to the approval of the Town Board to secure the intent of this chapter and the Uniform Code. Such rules and regulations shall be published at least 10 days prior to their effective date. The specific duties of the Building Inspector shall be to:
Receive applications and such fees as may be established by the Town Board.
Approve or deny plans and specifications within 60 days, in writing, and issue permits for the erection and alteration of buildings or structures or parts thereof.
Inspect the premises for which such applications have been received, plans approved or such permits issued.
Approve or deny applications for certificates of occupancy within 10 days.
Conduct periodic inspections as required by the Uniform Code.
Maintain all records on file with the Town Clerk, consisting of applications, permits, denials, inspection reports, recommendations, complaints, violation orders, certificates of occupancy, correspondence and proof of payment of required fees.
Issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions.
Require the necessary safeguards during the entire course of construction or demolition.
Serve notices and orders upon a property owner or the owner's agent personally or by certified mail or by posting conspicuously on the premises to which the notice or order applies.
Report at least annually to the governing body all approvals, denials, permits and certificates issued, fees collected and turned in to the general fund, orders and notices issued and other matters as appropriate.
Requirements. A completed application for a building permit must include:
The full name and address of the owner and of the applicant and, if either shall be a corporation, the names and addresses of their responsible officer.
A description of the site on which the proposed work is to be done.
A statement of the use of occupancy of all parts of the proposed building or structure.
A brief description of the proposed activity.
The estimated cost of the proposed work, with appropriate substantiation.
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, rules and regulations.
The signature of the owner or authorized agent.
Each application for a building permit shall be accompanied by three sets of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site (the nature and character of the work to be performed and the materials to be incorporated), distance from lot lines and to structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by §§ 7209 and 7307, as amended, of Articles 145 and 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating.
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Inspector and approval shall be received from the Building Inspector prior to the commencement of such change of work.
Display. The building permit must be prominently displayed on the property or premises to which it pertains.
Expiration. A building permit issued pursuant to this chapter shall expire one year from the date of issuance. The permit may, on written request, be renewed for successive one-year periods.
No use or occupancy of a building or structure may be commenced unless a certificate of occupancy has been issued for that building or structure. 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 in six months, but it may be renewed an indefinite number of times.
Work for which a building permit is in effect shall be inspected for approval prior to enclosing or covering each stage of construction, including building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the applicant to inform the Building Inspector that the work is ready for inspection.
Existing buildings, not subject to inspection under Subsection A, shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this section to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. This shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety or welfare.
A permit for installation of a solid fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 129-5. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Town Board. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in § 129-9B.
[Amended 7-12-2007 by L.L. No. 3-2007]
It shall be unlawful to erect, construct, enlarge, alter, improve, remove, demolish or use any building or structure or portion thereof in violation of any provision of law, as well as any regulation or rule of the municipality, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to commence the erection, construction, enlargement, alteration, improvement, removal, demolition or use of any building or structure or the installation of heating equipment without having applied for and obtained a permit. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code.
Any person, firm or corporation, who shall fail to comply with a written order of the Building Inspector, within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day after notice that a violation continues shall be deemed a separate offense. In addition, a civil penalty of $100 per day may be assessed for any such violation, which civil penalty shall be recovered by the Town of Copake in a civil action.
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.