[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.
B.
BUILDING INSPECTOR
The following terms shall have the meanings indicated:
Includes "Zoning Enforcement Officer," "Zoning Officer" and "Code
Enforcement Officer."
A.
The Town of Copake may, by resolution, enter into a contract
with other governments to carry out the terms of this chapter.
B.
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.
C.
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:
A.
Receive applications and such fees as may be established
by the Town Board.
B.
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.
C.
Inspect the premises for which such applications have
been received, plans approved or such permits issued.
D.
Approve or deny applications for certificates of occupancy
within 10 days.
E.
Conduct periodic inspections as required by the Uniform
Code.
F.
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.
G.
Issue, in writing, all appropriate notices or orders
to remove illegal or unsafe conditions.
H.
Require the necessary safeguards during the entire course
of construction or demolition.
I.
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.
J.
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.
A.
Requirements. A completed application for a building
permit must include:
(1)
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.
(2)
A description of the site on which the proposed work
is to be done.
(3)
A statement of the use of occupancy of all parts of the
proposed building or structure.
(4)
A brief description of the proposed activity.
(5)
The estimated cost of the proposed work, with appropriate
substantiation.
(6)
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.
(7)
The signature of the owner or authorized agent.
B.
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.
C.
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.
D.
Display. The building permit must be prominently displayed
on the property or premises to which it pertains.
E.
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
