Town of Eden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Eden 4-22-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 8.
Unsafe buildings — See Ch. 90.
Flood damage prevention — See Ch. 114.
Historic preservation — See Ch. 129.
Public improvement — See Ch. 158.
Subdivision of land — See Ch. 184.
Zoning — See Ch. 225.
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 Eden. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, state law or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
The Town Board may, by resolution, authorize the Supervisor to enter into a contract with other governments to carry out the terms of this chapter.
A. 
The Office of Building and Zoning Inspector is hereby created and shall be administered by an appointee of the Town Board. The Building and Zoning Inspector 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 Building and Zoning Inspector.
B. 
In the absence of the Building and Zoning Inspector or in the case of his or her inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building and Zoning Inspector and to exercise all the powers conferred upon him or her by this chapter.
C. 
The Town Supervisor, with the approval of the Town Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Building and Zoning Inspector and to exercise any portion of the powers and duties of the Building and Zoning Inspector as directed by him.
D. 
The compensation for the Building and Zoning Inspector, Acting Building and Zoning Inspector and Inspectors shall be fixed and adjusted as needed by the Town Board.
E. 
The Building and Zoning Inspector shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Building and Zoning Inspector is authorized to pursue administrative actions and, in consultation with the Town Attorney, legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter or other laws, rules or regulations of the Town of Eden or of the State of New York.
F. 
The Building and Zoning Inspector may require the performance of field or laboratory tests by qualified persons, service bureaus, agencies or accredited and authoritative testing laboratories whenever he/she may deem it necessary or appropriate to assure compliance with the provisions of applicable laws, codes, ordinances, standards, specifications, rules and regulations.
A. 
Permits required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, or install a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit without first having obtained a permit from the Building and Zoning Inspector. No building permit shall be required for small noncommercial structures not exceeding 150 square feet and not intended as quarters for living, sleeping, eating or cooking.
[Amended 11-14-2001 by L.L. No. 8-2001]
(1) 
Exceptions:
[Added 4-23-2003 by L.L. No. 2-2003]
(a) 
Necessary repairs which do not materially affect structural features;
(b) 
Alterations to existing buildings, provided that the alterations:
[1] 
Cost less than $10,000;
[2] 
Do not materially affect structural features;
[3] 
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits;
[4] 
Do not involve the installation or extension of electrical systems;
[5] 
Do not include the installation of solid fuel burning heating appliances and associated chimneys and flues.
(c) 
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below;
(d) 
Swings and other playground equipment accessory to a one- or two-family dwelling; and
(e) 
Window and door awnings supported by an exterior wall.
B. 
Application for permit.
(1) 
The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
(2) 
The form of the permit and application therefor shall be prescribed by the Building and Zoning Inspector. The application shall be signed by the owner (or his or her authorized agent) of the building and shall contain at least the following:
(a) 
Full name and address of the owner, and if by a corporation, the name and addresses of the responsible officials.
(b) 
Identification and/or description of the land on which the work is to be done.
(c) 
Description of use or occupancy of the land and existing or proposed building.
(d) 
Description of the proposed work.
(e) 
One set of plans and specifications for the proposed work.
(f) 
The required fee.
(g) 
Wood trusses shall be designed in accordance with accepted engineering practice. Wood truss design drawings shall be prepared and stamped by a registered design professional.
[Added 4-23-2003 by L.L. No. 2-2003]
(3) 
The Building and Zoning Inspector may waive requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
(4) 
Applicant shall notify the Building and Zoning 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 has been determined to be in conformity with the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building and Zoning Inspector, and approval shall be received from the Building and Zoning Inspector prior to the commencement of such change of work.
C. 
General requirements.
(1) 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
(2) 
The Building and Zoning Inspector may revoke a building permit theretofore issued and approved in the following instances:
(a) 
Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(b) 
Where he or she finds that the building permit was issued in error and should not have been issued, in accordance with the applicable law.
(c) 
Where he or she finds that the work performed under the permit is not being executed in accordance with the provisions of the application, plans or specifications.
(d) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building and Zoning Inspector of the Town of Eden.
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 fire safety inspections.
A. 
Inspections during construction.
(1) 
Work for which a building permit has been issued hereunder shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant or his or her agent to inform the Inspector that the work is ready for inspection and to schedule such inspection.
(2) 
The Building and Zoning Inspector may, during normal business hours, enter any building or premises within the Town of Eden for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the Executive Law (Title 19 NYCRR). Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building and Zoning Inspector or Fire Marshal has either obtained the informed consent of the property owner or person with a privacy right to the property or obtained an appropriate search warrant, or acts in the belief that there exists exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property.
(3) 
If entrance to make an inspection is refused or cannot be obtained, the Building and Zoning Inspector may apply for an order to make an inspection to any court of competent jurisdiction.
B. 
Fire prevention and safety inspections.
(1) 
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.
(2) 
Fire safety 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.
(3) 
All other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 24 months.
(4) 
An inspection of a building or dwelling unit may also be performed at any other time upon:
(a) 
The request of the owner, authorized agent or tenant;
(b) 
Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist; or
(c) 
Other reasonable and reliable information that such a violation exists.
(5) 
Such inspections shall be performed by the Building and Zoning Inspector.
A. 
Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Building and Zoning Inspector shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by registered mail.
B. 
In addition to those penalties prescribed by state law, any person, firm or corporation who violates any provision of the Uniform Code or any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Building and Zoning Inspector, shall be liable to a civil penalty of not more than $250 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 and Zoning Inspector.
[Amended 3-24-1999 by L.L. No. 1-1999]
C. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Building and Zoning Inspector.
Whenever the Building and Zoning Inspector has reason to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application or in an unsafe and dangerous manner, he or she shall notify the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall appear in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or her or posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him or her by registered mail at the address set forth in the application for the permission of the construction of such building.
A. 
Whenever the Building and Zoning Inspector shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Uniform Code do not apply or that the intent and meaning of this chapter have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building and Zoning Inspector to the Board of Review established under the applicable provisions of New York State law.
B. 
The procedures set forth in the New York State law referred to above for appeals shall not prohibit the Building and Zoning Inspector from causing the removal of a hazard or ordering the immediate closing of a building or premises until a violation of this chapter has been corrected, when such hazard or existence of such violation constitutes, in the sole discretion of the Building and Zoning Inspector, a distinct hazard to life or public safety.
The Building and Zoning Inspector shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
[1]
Editor's Note: See also Ch. 8, Appearance Tickets.