Village of Fayetteville, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 2-13-1995 by L.L. No. 3-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 70.
Flood damage prevention — See Ch. 81.
Gasoline service facilities — See Ch. 89.
Housing standards — See Ch. 99.
Smoke detectors — See Ch. 142.
Subdivision of land — See Ch. 151.
Zoning — See Ch. 187.
[Amended 3-10-2008 by L.L. No. 2-2008]
A. 
There is hereby designated in the Village of Fayetteville a public official to be known as the "Codes Enforcement Officer," who shall be appointed by the Mayor, with the approval of the Board of Trustees at a compensation to be fixed by it. The Codes Enforcement Officer of the Village of Fayetteville is hereby designated to administer and enforce this chapter, the New York State Uniform Fire Prevention and Building Code and all building-related codes as apply in the Village of Fayetteville. The "Code Enforcement Officer" shall mean a certified Code Enforcement Officer who is appointed by the Village of Fayetteville as provided under 19 NYCRR Part 434, § 434.6, Procedures for Basic Code Enforcement Training, and § 434.7, Procedures for In-Service Training of Code Enforcement Personnel, the Uniform Fire Prevention and Building Code of New York State, and other related laws, regulations and codes of the State of New York.
B. 
The Village Board of Trustees may appoint one or more Deputy Codes Enforcement Officers, as the need may appear, to act under the supervision of the Codes Enforcement Officer and to exercise any portion of his powers and duties. The compensation of such Deputy Codes Enforcement Officer shall be fixed by the Village Board of Trustees.
A. 
The New York State Uniform Fire Prevention and Building Code, New York State Executive Law Article 18 and any regulations promulgated pursuant thereto shall collectively be referred to herein as the "Uniform Code."
B. 
"Building-related codes," as the phrase is used in this chapter, shall include all other state or local laws, ordinances or regulations applicable to the location, design, materials, construction, enlargement, alteration, repair, equipment, use, occupancy, removal or demolition of buildings, structures and their appurtenances located in the Village of Fayetteville, including but not limited to those chapters of the Code of the Village of Fayetteville pertaining to zoning, subdivision, signs and gas stations.[1]
[1]
Editor's Note: See Ch. 187, Zoning; Ch. 151, Subdivision of Land, and Ch. 89, Gasoline Service Facilities.
A. 
No owner, person, corporation, association or other organization or entity shall knowingly cause, take part or assist in the construction, enlargement, alteration, repair, removal or demolition of any building or other structure nor install heating equipment except in accordance with a valid building permit for such activity issued by the Codes Enforcement Officer. This subsection shall not apply when a building permit is not required pursuant to the terms of this chapter or the Uniform Code. Persons or entities violating this subsection shall be subject to those penalties that pertain to knowing violations set forth later in this chapter.
B. 
No property owner shall cause or permit the construction, enlargement, alteration, repair, removal or demolition of any building or other structure nor install heating equipment on their property except in accordance with a valid building permit for such activity issued by the Codes Enforcement Officer. This subsection shall not apply when a building permit is not required pursuant to the terms of this chapter or the Uniform Code.
C. 
No building 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.
D. 
No building permit shall be required for the performance of construction, enlargement, alteration, repair, removal, or demolition of any nonresidential farm buildings as referred to in Uniform Code Section 651.3.
E. 
Applications for a building permit may be obtained from the Office of Code Enforcement. A completed application shall be delivered to the Codes Enforcement Officer and must include:
(1) 
The signature of the applicant or authorized agent.
(2) 
A description of the site on which the proposed work is to be done.
(3) 
A statement of the existing and proposed use or occupancy of all parts of the land and of all existing and/or proposed buildings or structures.
(4) 
A brief description of the proposed work.
(5) 
The estimated value of the proposed work with appropriate substantiation.
(6) 
The full name and address of the owner and the applicant and, if either be other than a natural person, the names, titles and addresses of responsible officers.
(7) 
Two sets of plans and specifications for the proposed work.
(8) 
The fee specified pursuant to this chapter.
(9) 
Written permission from the property owner and the applicant for the Codes Enforcement Officer to enter the property and structure thereon as frequently as he deems necessary to inspect the same for the compliance with the Uniform Code, the Village Code and all building-related codes.
(10) 
Duly approved authorizations or permits where required for the proposed building or other structure or use pursuant to any applicable building-related codes.
(11) 
Duly approved plumbing permit issued by the Onondaga County Department of Health for the project, if required.
(12) 
Duly approved electrical permit issued by an agency or entity recognized to issue such permits pursuant to a resolution of the Village of Fayetteville Board of Trustees.
F. 
Subject to the following section, the requirement of plans and specifications may be waived where the work is found by the Codes Enforcement Officer to consist only of alterations of no structural significance.
A. 
In addition to the requirements set forth in §§ 7209 and 7307 of the New York State Education Law, all plans or specifications for the construction, enlargement, alteration or repair involving the structural integrity of any building or other structure, regardless of its size, shall require:
(1) 
The official and authorized signature of an architect or professional engineer licensed in this state to be affixed to the face thereof; or,
(2) 
The official seal and authorized signature of an architect or professional engineer not a resident of this state and having no established business in this state, but who is legally qualified to practice as such in his own state, provided that such person may lawfully practice as such in this state, and provided further that the plans or specifications are accompanied by and have attached thereto written authorization issued by the New York State Department of Education certifying to such right to practice at such time.
B. 
To all plans, specifications, plats and/or reports to which such seal has been applied, there shall also be applied a stamp with appropriate wording warning that it is a violation of the law for any person, unless he is acting under the direction of a licensed professional engineer or architect, to alter such document in any way.
C. 
No owner, person, corporation, association or other organization or entity shall knowingly cause, take part or assist in the construction, enlargement, alteration, repair, removal, demolition or use of any building or other structure nor install heating equipment in violation of any statement of specifications or plans pertaining to said structure submitted and approved pursuant to this chapter, the Uniform Code or any building-related codes. Persons or entities violating this subsection shall be subject to those penalties that pertain to knowing violations set forth later in this chapter.[1]
[1]
Editor's Note: See § 78-12A.
D. 
No property owner shall cause or permit the construction, enlargement, alteration, repair, removal or demolition or use of any building or other structure nor install heating equipment on their property in violation of any statement of specifications or plans pertaining to said structure submitted and approved pursuant to this chapter, the Uniform Code or any building-related codes.
A. 
The applicant shall notify the Codes Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect within 24 hours of any such changes.
B. 
A building permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code, this chapter and applicable building-related codes. The authority conferred by such building permit may be limited by conditions, if any, contained therein.
C. 
A building permit issued pursuant to this chapter shall be prominently displayed by the property owner on the property or premises to which it pertains in such a position as to be readily visible from the street or, if such is not feasible, from the driveway leading to the applicable building or other structure.
A. 
A building permit issued pursuant to this chapter may be suspended or revoked in any of the following instances:
(1) 
If it is determined that the work to which it pertains is not proceeding in conformance with this chapter, the Uniform Code or with any condition attached to such permit;
(2) 
If there has been a misrepresentation or falsification of a material fact in connection with the application for the permit;
(3) 
If the building permit was issued in error and, in accordance with applicable law, should not have been issued; or
(4) 
If the person to whom a building permit has been issued fails or refuses to comply with a valid order duly issued by the Codes Enforcement Officer.
B. 
A building permit issued pursuant to this chapter shall expire six months from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for two successive six-month periods, provided that:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(2) 
The relevant information in the application is up to date; and
(3) 
The renewal fee established pursuant to this chapter is paid.
A. 
No property owner shall permit the occupancy of any building or other structure without a valid certificate of occupancy issued by the Codes Enforcement Officer where one is required pursuant to this chapter, the Uniform Code, or any building-related codes.
B. 
No person shall knowingly reside in or occupy any building or other structure for which a valid certificate of occupancy has not been issued by the Codes Enforcement Officer where one is required pursuant to this chapter, the Uniform Code, or any building-related codes. Persons or entities violating this subsection shall be subject to those penalties that pertain to knowing violations set forth later in this chapter.[1]
[1]
Editor's Note: See § 78-12A.
C. 
No building or other structure erected subject to the Uniform Code or this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued.
D. 
No building or other structure, newly constructed or upon which work has been performed, which required the issuance of a building permit shall be occupied or used after the completion of the alteration or work unless a temporary or other certificate of occupancy has been issued.
E. 
A temporary certificate of occupancy may be issued if a building or other structure or a designated portion of a building or other structure is sufficiently complete so that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance but may be renewed two times upon a finding by the Codes Enforcement Officer that substantial progress is being made toward completion of the permitted work and there is a reasonable cause for the work not being sooner completed.
F. 
No temporary or permanent certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of that fee established pursuant to this chapter.
G. 
No change shall be made in the use or type of occupancy as classified under the Uniform Code of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Codes Enforcement Officer.
H. 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Codes Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work, or the superintendent of construction who supervised the work and who, by reason of his/her experience, is qualified to superintend the work for which the certificate is sought. This affidavit shall state that the deponent has examined the approved plans and specifications of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and specifications and, as erected, complies with the provisions of this chapter, the Uniform Code and all other building-related codes except insofar as variations therefrom have been legally, authorized. Such variations shall be specified in the affidavit.
I. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of this chapter, the Uniform Code and all other building-related codes and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Codes Enforcement Officer shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Codes Enforcement Officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with this chapter, the Uniform Code and all building-related codes.
[Amended 3-10-2008 by L.L. No. 2-2008]
A. 
Work for which a building permit has been issued 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.
B. 
It shall be the responsibility of the owner, applicant or his agent to inform the Codes Enforcement Officer that the work is ready for inspection; to schedule such inspection with the Codes Enforcement Officer during regular inspection hours established pursuant to this chapter, as from time to time amended; and to allow a reasonable amount of time for such inspection to be completed.
C. 
Time periods.
(1) 
The Code Enforcement Officer will conduct inspections at the following intervals:
(a) 
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(b) 
Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(c) 
Fire safety and property maintenance inspections of all public areas of multiple dwellings and other rental dwellings, not included in Subsection C(1) or (2) of this subdivision shall be performed at least once every 12 months. The owner of the dwelling shall be given 10 days' notice of such inspections and required to post a notice informing the tenants of the dwelling that they have the right to request the Code Enforcement Officer to inspect their respective dwelling unit.
(d) 
Fire safety and property maintenance inspections of all nonresidential buildings, structures, uses and occupancies, not included in Subsection C(1) or (2) shall be performed at least once every 12 months.
(2) 
In addition to the fire safety inspections required by Subsection B of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer at any time upon:
(a) 
The request of the owner of the property to be inspected by any tenant or an authorized agent of such owner.
(b) 
Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the New York State Uniform Fire Prevention and Building Code, the Energy Code of New York State, or the Code of the Village of Fayetteville.
(c) 
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 failing to comply with the New York State Uniform Fire Prevention and Building Code, the Energy Code of New York State, and/or the Code of the Village of Fayetteville exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
D. 
The inspections required pursuant to this chapter may be performed by the Codes Enforcement Officer.
E. 
An owner of property subject to inspection under this chapter may be required by the Codes Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Codes Enforcement Officer. Such inspection may be a registered architect, licensed professional engineer, certified Code Enforcement Officer or other person whose experience and training has been demonstrated to the satisfaction of the Codes Enforcement Officer. Such inspector shall give the results of his inspection to the Codes Enforcement Officer.
F. 
If the Codes Enforcement Officer is the owner of or is involved in work on the premises to be inspected or if there shall otherwise be any conflict of interest, the Village Board shall appoint a qualified individual to perform such duties otherwise performed by the Codes Enforcement Officer.
G. 
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of this Code, the Uniform Code or any rules or regulations promulgated thereunder, the Codes Enforcement Officer may require the owner to provide for testing specified by the Codes Enforcement Officer in order to furnish proof of such compliance.
H. 
Fire safety inspections of buildings and structures as well as property maintenance inspections that relate to fire safety can also be performed by a fire inspector.
[Amended 11-24-2008 by L.L. No. 7-2008]
(1) 
The "fire inspector" shall be a certified Code Enforcement Officer who is a member of the Fayetteville Fire Department. That certified Code Enforcement Officer shall have completed training as provided under 19 NYCRR 434, § 434.6, Procedures for basic code enforcement training, and § 434.7, Procedures for in-service training of code enforcement personnel, the Uniform Fire Prevention and Building Code of New York State, and other related laws, regulations and Code of the State of New York.
(a) 
Where a fire inspector is a certified Code Compliance Technician, that fire inspector shall be a member of the Fayetteville Fire Department. That certified Code Compliance Technician shall have completed training as required by 19 NYCRR 426, § 426.8(k).
(2) 
The Fire Inspector will conduct inspections at the intervals noted in Subsection B, as well as reinspections as deemed necessary by the Fire Inspector.
(3) 
The Fire Inspector will provide copies of all fire inspections to the Office of the Code Enforcement.
(a) 
When necessary, the Office of the Code Enforcement will be responsible for the issuance of any violation notices and/or appearance ticket to enforce violations of the Fire Code of New York State.
A. 
The Codes Enforcement Officer is authorized to order, in writing, the correction of any condition found in, on or about any building or other structure which the Codes Enforcement Officer has reasonable grounds to believe is in violation of this chapter, the Uniform Code or any building-related codes. Each such order shall reference this section. Where such order requires remedial action, a thirty-day period to complete such action shall be allowed unless such shorter period is found by the Codes Enforcement Officer to be necessary to avoid an imminent threat to public health or safety.
B. 
Such order shall also be delivered in person to the property owner or, if the owner be other than a natural person, to an officer of the owner or to that person so authorized by the property owner to make application for a building permit for the affected property. Such order may also be delivered in person to any person or entity to whom the order is lawfully directed. Alternately, such order may be mailed to the foregoing persons or entities via certified mail sent to an address for said person or entity set forth in any relevant application for a building permit or certificate of occupancy or, in the case of the property owner, to the address designated for the receipt of real property tax notices for the subject property.
C. 
No owner, person, corporation, association or other organization or entity taking part in the construction, enlargement, alteration, removal, demolition, use or occupancy of any building or other structure or part thereof shall knowingly fail to comply with a lawful written order of the Codes Enforcement Officer directed to said person or entity within the time fixed for compliance set forth in said order. Persons or entities violating this subsection shall be subject to those penalties that pertain to knowing violations set forth later in this chapter.
A. 
Whenever the Codes Enforcement Officer has reasonable grounds to believe that work on any building or other structure is proceeding without a required valid building permit or is otherwise in violation of the provisions of this chapter, the Uniform Code or any building-related codes or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe and dangerous manner, he, shall issue a stop-work order directing all persons or entities performing the work to immediately suspend all work at the work site to which the order pertains.
B. 
The stop-work order shall be prominently posted at the work site.
C. 
Such stop-work order shall also be delivered in person to the property owner or, if the owner be other than a natural person, to an officer of the owner, or to that person so authorized by the property owner to make application for a building permit for the affected property. Such order may also be delivered in person to any person or entity to whom the order is lawfully directed. Alternately, such order may be mailed to the foregoing persons or entities via certified mail sent to an address for said person or entity set forth in any relevant application for a building permit or certificate of occupancy or, in the case of the property owner, to the address designated for the receipt of real property tax notices for the subject property.
D. 
Such stop-work order shall be in writing on a form prescribed by the Codes Enforcement Officer and shall state the reasons for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Codes Enforcement Officer or Deputy Codes Enforcement Officer.
E. 
No owner, person, corporation, association or other organization or entity taking part in the construction, enlargement, alteration, repair, removal or demolition of any building or other structure or part thereof shall knowingly fail to comply with a lawful written stop-work order prominently posted at the work site to which the order pertains until the stop-work order has been duly rescinded. Persons or entities violating this subsection shall be subject to those penalties as pertain to knowing violations set forth later in this chapter.[1]
[1]
Editor's Note: See § 78-12A.
A. 
Fees will be charged for the following in accordance with a schedule established and amended, from time to time, by resolution of the Board of Trustees:
(1) 
Issuance of building permit;
(2) 
Renewal of building permit;
(3) 
Temporary certificate of occupancy;
(4) 
Certificate of occupancy;
(5) 
Requested inspections outside scheduled hours;
(6) 
Requested inspections during scheduled hours;
(7) 
Additional plan review required by changes, additions or revisions to approved plans; or
(8) 
Such other activities related to this chapter, the Uniform Code or any building-related codes as determined by the Board of Trustees.
B. 
Regular inspection hours shall established by resolution of the Board of Trustees from time to time.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.
[Amended 3-10-2008 by L.L. No. 2-2008]
Upon resolution of the Village Board, the Codes Enforcement Officer of the Village of Fayetteville shall have authority, pursuant to Article 150 of the New York Criminal Procedure Law, to issue appearance tickets as defined therein for the purpose of enforcing this chapter. When necessary, the Office of the Code Enforcement will be responsible for the issuance of any violation notices and/or appearance ticket to enforce violations of the New York State Uniform Fire Prevention and Building Code, the Energy Code of New York State, and/or the Code of the Village of Fayetteville.
A. 
This chapter shall not relieve or reduce any other requirements of the Code of the Village of Fayetteville.
B. 
If any provision, sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such finding shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared to be the intent of the Village of Fayetteville Board of Trustees that this chapter would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.
C. 
This chapter shall take effect 10 days after filing with the Secretary of State of the State of New York.