[HISTORY: Adopted by the Town Board of the Town of Fishkill 12-12-2007 by L.L. No.
14-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical inspections — See Ch. 61.
Fire prevention — See Ch. 74.
Flood damage prevention — See Ch. 78.
Extraction of topsoil and natural resources — See Ch. 128.
Stormwater management and erosion and sediment control — See Ch. 130.
Subdivision of land — See Ch. 132.
Zoning — See Ch. 150.
[1]
Editor's Note: This local law also repealed former Ch. 50,
Building Construction, consisting of Art. I, Acceptance of State Standards,
adopted 6-27-1955, as amended, and Art. II, adopted 9-11-1967, as
amended.
This chapter and Chapter 74 provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure having a roof supported by columns or similar
supports or by walls and intended for the shelter, housing or enclosure
of persons, animals or chattel.
The Building Inspector appointed pursuant to § 50-3 of this chapter.
A permit issued pursuant to § 50-11 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 50-18 of this chapter.
The Building Inspector and all inspectors.
An order issued by the Building Inspector pursuant to § 50-23B this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 50-5 of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate trust, association, or
any other legal or commercial entity of any kind or description.
An order issued pursuant to § 50-14 of this chapter.
The Town of Fishkill.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
Any property, building or structure or portion thereof which:
[Added 2-17-2016 by L.L.
No. 1-2016]
Because of its physical condition is or may become dangerous
or unsafe to the public because such property, building or structure
is unsafe, unsanitary lacks adequate egress, constitutes a fire hazard
or is otherwise dangerous to human life, or which constitutes a hazard
to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment.
Is open at the doorways or windows or walls or roof, making
it accessible to and an object of attraction to minors under 18 years
of age, as well as to wild animals, vagrants and other trespassers.
Is or may become a place of rodent or other animal infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and
general welfare of the public.
There is hereby designated in the Town of Fishkill a public
official to be known as the "Building Inspector," who shall be appointed
by the Town Board at a compensation to be fixed by it. The Building
Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and the Building Inspector
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
In the absence of the Building Inspector or in the case of his
inability to act for any reason, the Supervisor shall have the power,
with the consent of the Town Board, to designate a person to act in
behalf of the Building Inspector and to exercise all the powers conferred
upon him by this chapter. The Acting Building Inspector shall possess
background experience related to building construction or fire prevention
and shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
One or more Deputy Building Inspectors or Fire Inspectors may
be appointed by resolution of the Town Board to act under the supervision
and direction of the Building Inspector and to assist the Building
Inspector in the exercise of the powers and fulfillment of the duties
conferred upon the Building Inspector by this chapter. Each Deputy
Building Inspector or Fire Inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each Deputy Inspector
and Fire Inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law of New York State and
the regulations promulgated thereunder. The compensation for the Deputy
Building Inspectors and Fire Inspectors shall be fixed from time to
time by the Town Board.
No officer or employee of the Building Department shall engage
in any activity inconsistent with his duties or with the interests
of the Building Department, nor shall be, during the term of his employment,
be engaged directly or indirectly in any building business, in the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Town of Fishkill, except that
this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale.
A.
Except as otherwise specifically provided by law, ordinance or regulation,
or except as herein otherwise provided, the Building Inspector shall
administer and enforce all the provisions of the Uniform Code, the
Energy Code, and this chapter and all of the provisions of laws, ordinances
and regulations applicable to the construction, alteration, repair,
removal and demolition of buildings and structures, and the installation
and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B.
The Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, and operating permits, and the
plans, specifications and construction documents submitted with such
applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, and operating permits and to include in building permits,
certificates of occupancy, and operating permits such terms and conditions
as the Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter or Chapter 74 of the Code of the Town of Fishkill;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code or this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter;
(12)
To adopt rules, with the consent of the Town Board, to secure the
intent and purposes of this chapter and a proper enforcement of the
laws, ordinances and regulations governing building construction;
(13)
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances and regulations
covering building construction, to require the performance of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
The reasonable cost of such tests shall be paid by the owner of the
premises in question or the applicant for said permits; and
A.
The Building Inspector 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 building permits, certificates of occupancy, temporary certificates,
stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
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 so required by state law and
regulation.
C.
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 50-8A of this chapter and a report and summary of all appeals or litigation pending or concluded.
D.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
E.
The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
from the records and related materials this Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Town in connection with administration
and enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police Department, Fire Department and Health
Department and of all municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
Except as otherwise provided in § 50-10B of this chapter, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the erection, construction, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings, playhouses, treehouses and other playground
equipment associated with a one-or two-family dwelling or multiple
single-family dwellings (townhouses);
(2)
Installation of swimming pools associated with a one-or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above the ground;
(3)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(4)
Construction of retaining walls lower than four feet in height unless
such walls support a surcharge or impound Class I, II or IIIA liquids;
(5)
Installation of window awnings supported by an exterior wall of a
one-or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
Replacement of any equipment, provided that the replacement does
not alter the equipment's listing or render it inconsistent with the
equipment's original specifications; or
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire-protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in § 50-10B of this chapter shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for a building permit shall be made in writing on a
form provided by or otherwise acceptable to the Building Inspector.
The application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
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:
(1)
A description of the land on which the proposed work is to be done,
include the Tax Map number and the street address of the premises
where the work is to be performed;
(2)
A statement of the use or occupancy of all parts of the land and
the occupancy classification of any proposed or affected building
or structure;
(3)
The valuation of the proposed work;
(4)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers if any of them
are corporations;
(5)
A brief description of the proposed work;
(7)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(8)
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, ordinances and regulations.
E.
Applications shall be made and signed by the owner or lessee, or
agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
F.
Each application for a building permit shall be accompanied, where
required by the Building Inspector, by duplicate copies of plans and
specifications, which i) define the scope of the proposed work; ii)
are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law; iii)
indicate with sufficient clarity and detail the nature and extent
of the work proposed; iv) substantiate that the proposed work will
comply with the Uniform Code and the Energy Code; and v) include a
site plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the location
of any existing or proposed well or septic system, the nature and
character of the work to be performed and the materials to be incorporated,
the distances between the proposed and existing buildings and structures
and lot lines, the relationship of structures on adjoining property,
widths and grades of adjoining streets, walks and alleys, and details
of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data Construction documents
will not be accepted as part of an application for a building permit
unless they satisfy the requirements set forth in this section. The
Building Inspector may waive the requirement for filling plans and
specifications for minor alterations.
G.
All applications for building permits to construct new single-family
houses shall in addition to other applicable requirements of this
section, be accompanied by duplicate copies of a map/plot plan drawn
to scale and prepared by a licensed land surveyor or professional
engineer. This plan shall include at least the following information:
H.
Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the Building Department
and approval received from the Building Inspector prior to the commencement
of such change of work.
I.
Prior to issuance of a building permit for any new building, property
corners and footing locations shall be conspicuously marked by a licensed
land surveyor or professional engineer for review by the Building
Inspector and Highway Superintendent.
A.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code
and the Code of the Town of Fishkill. He shall approve or disapprove
the application within a reasonable time.
B.
Except upon a written authorization of the Zoning Board of Appeals, no building permit or certificate of occupancy shall be issued for any building where said erection, construction, enlargement, addition, alteration or moving thereof would be in violation of any of the provisions of Chapter 150. No building permit shall be issued for a use listed in § 150-33A and B as subject to special permit and/or site plan approval except in conformity with the procedures set forth in the applicable sections of Chapter 150.
C.
If the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code and the Code of the Town of Fishkill,
the fees therefor have been paid, the Building Inspector shall issue
a building permit to the applicant upon the form prescribed by him
and shall affix his signature or cause his signature to be affixed
thereto.
D.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved" in writing or by stamp.
One set of such approved plans and specifications shall be retained
in the files of the Building Department, and the other set shall be
returned to the applicant, together with the building permit, and
shall be kept at the building site, open to inspection by the Building
Inspector or his authorized representative at all reasonable times.
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.
E.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Building Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
A.
Expiration of building permits.
(1)
Commencement of work. Building permits shall expire one year after
the date of issuance if the applicant fails to commence the work in
accordance with the application as filed with the Building Inspector.
For good cause, the Building Inspector may allow a maximum of two
extensions for periods not exceeding three months each for the commencement
of the work.
(2)
Completion of work. Building permits shall expire two years after
the date of issuance if the applicant fails to complete the work in
accordance with the application as filed with the Building Inspector.
For good cause shown, the Building Inspector may allow a maximum of
one extension for a period not exceeding one year for the completion
of work.
B.
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application, plans and specifications which were submitted with and
accepted as part of the application for the building permit. The building
permit shall contain such a directive. The permit holder shall immediately
notify the Building Inspector of any change occurring during the course
of the work. The building permit shall contain such a directive. If
the Building Inspector 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.
C.
Building permits shall be prominently displayed on the job site at
all times during the progress of construction so as to be readily
seen from adjacent thoroughfares and shall remain visible until the
authorized work has been completed.
The Building Inspector may revoke or suspend a building permit
theretofore issued in the following instances until such time as the
permit holder demonstrates that 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code:
A.
Where he finds that there has been any false statement, misrepresentation,
incorrect, inaccurate or incomplete information as to a material fact
in the application, plans or specifications on which the building
permit was based.
B.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the Uniform Code, the Energy
Code or other applicable law.
C.
Where he finds that the work performed under the permit is not being
prosecuted 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 Inspector.
A.
The Building Inspector is authorized to issue stop-work orders pursuant
to this section. The Building Inspector shall issue a stop-work order
to halt:
(1)
Any work that is determined by the Building Inspector 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 Building Inspector, 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.
C.
The Building Inspector 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) personally
or by certified mail, return receipt requested. The Building Inspector
shall be permitted, but not 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, personally or by certified mail, return receipt requested;
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 in § 50-14A, and 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 under § 50-23 of this chapter or under any other applicable chapter or state law. 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.
Where it is necessary to make an inspection to enforce the provisions
of this Code, the Uniform Code or the Energy Code, or where the Building
Official has reasonable cause to believe that there exists in a structure
or upon a premises a condition which is contrary to or in violation
of this Code, the Uniform Code or the Energy Code which makes the
structure or premises unsafe, dangerous or hazardous, the Building
Official is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this Code, the
Uniform Code and the Energy Code, provided that if such structure
or premises be occupied, that entry be requested. If such structure
or premises be unoccupied, the Building Official shall first make
a reasonable effort to locate the owner or other person having charge
or control of the structure or premises and request entry. If entry
is refused, the Building Official shall have recourse to the remedies
provided at law and in equity to secure entry.
A certificate of occupancy shall be required for any work which
is the subject of a building permit and for all structures, buildings,
or portions thereof which are converted from one use or occupancy
classification or subclassification to another. Permission to use
or occupy a building or structure, or portion thereof, for which a
building permit was previously issued shall be granted only by issuance
of a certificate of occupancy.
A.
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
The following elements of the construction process shall be inspected,
where 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;
(10)
Any other inspections deemed necessary by the Building Inspector;
and
(11)
A final inspection 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 or 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 the Energy Code, reinspected, and
found satisfactory as completed.
A.
The Building Inspector shall issue a certificate of occupancy if
the work which was the subject of the building permit was completed
in accordance with all applicable provisions of the Uniform Code and
the Energy Code and, if applicable, the structure, building or portion
thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the Uniform Code and the Energy Code. The Building Inspector or
an inspector authorized by the Building Inspector shall inspect the
building, structure or work prior to the issuance of a certificate
of occupancy. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Building Inspector, at the expense of the applicant for the
certificate of occupancy, shall be provided to the Building Inspector
prior to the issuance of the certificate of occupancy:
B.
The certificate of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy 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; and
(10)
The signature of the Building Inspector issuing the certificate
of occupancy and the date of issuance.
A.
The Building Inspector shall be permitted to issue a temporary certificate
allowing the temporary occupancy of a building or structure, or a
portion thereof, prior to completion of the work which is the subject
of a building permit. However, in no event shall the Building Inspector
issue a temporary certificate unless the Building Inspector determines
that:
(1)
The building or structure, or the portion thereof covered by the
temporary certificate, may be occupied safely;
(2)
Any fire- and smoke-detecting or fire-protection equipment which
has been installed is operational; and
(3)
All required means of egress from the building or structure have
been provided.
B.
The Building Inspector may include in a temporary certificate such
terms and conditions as he or she deems necessary or appropriate to
ensure safety or to further the purposes and intent of the Uniform
Code. A temporary certificate shall be effective for a period of time,
not to exceed three months, which shall be determined by the Building
Inspector and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, the permit holder
shall undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code. For good cause, the Building Inspector may allow a maximum of
two extensions for periods not exceeding three months each.
If the Building Inspector determines that a certificate of occupancy
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 Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
The Building Inspector shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other chapter, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector 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 § 50-23 of this chapter.
C.
If appropriate, issuing a stop-work order.
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.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure, or portion thereof, in violation of any
provision of this chapter, of the Uniform Code or of the Energy Code
or to construct, alter or use and occupy any building or structure,
or part thereof, in a manner not permitted by an approved building
permit, certificate of occupancy or certificate of compliance, or
temporary certificate of occupancy or temporary certificate of compliance,
or to use any property in violation of this chapter, of the Uniform
Code or of the Energy Code, or to fail in any manner to comply with
a notice, directive or order of the Building Inspector.
[Amended 8-20-2008 by L.L. No. 6-2008]
B.
Compliance orders.
(1)
The Building Inspector 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 chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Building Inspector deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
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 Building Inspector shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by registered or certified mail. The Building Inspector 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 certified mail, return receipt
requested; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
C.
Any person 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 knowingly
violate any of the applicable provisions of law or any lawful order,
notice, directive, permit or certificate of the Building Inspector
made thereunder shall be punished by a maximum fine of $500. Each
day that a violation continues shall be deemed a separate offense.
D.
The Building Inspector and any inspectors as may be appointed by
the Town Board shall have the authority to issue appearance tickets,
under Article 150 of the Criminal Procedure Law of this state, for
purposes of enforcement of the Uniform Code, the Energy Code and this
chapter.
E.
In addition to those penalties prescribed by the state law, any person
who violates any provision of the Uniform Code, the Energy Code or
this chapter, or any term or condition of any building permit, certificate
of occupancy, stop-work order, operating permit or other notice or
order issued by the Building Inspector pursuant to any provision of
this chapter, shall be liable for 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 Town.
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 chapter 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 specified in this section, in any other
section of this chapter, or in any other applicable law. In particular,
but not by way of limitation, each remedy and penalty specified in
this section shall be in addition to, and not in substitution or limitation
of, the penalties specified in Subdivision 2 of § 382 of
the Executive Law, and 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 penalty specified in Subdivision 2 of
§ 382 of the Executive Law.
[Amended 8-20-2008 by L.L. No. 6-2008]
An action or proceeding may be instituted in the name of this
Town, 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, this chapter, or any term or
condition of any building permit, certificate of occupancy, temporary
certificate, stop-work order, operating permit, compliance order,
or other notice or order issued by the Building Inspector pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code,
this chapter, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of this Town,
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this section shall be commenced
without the appropriate authorization from the Town Board.
[Amended 2-17-2016 by L.L. No. 1-2016]
This section is adopted pursuant to § 130, Subdivision
16, of the Town Law, which allows Town Boards to adopt legislation
to regulate and control unsafe conditions on properties within the
Town that may now be or later become dangerous or unsafe to the public
and to provide for remediation, removal or repair in all business,
industrial and residential sections of the Town.
A.
Prohibited acts. It shall be unlawful for any owner, tenant or occupant or mortgagee of any property, building or structure or portion of any building or structure in the Town of Fishkill to maintain such property, building or structure or portion of any property, building or structure in any condition or manner which shall be unsafe as defined in § 50-2 of this chapter.
B.
Investigation and report. When, in the opinion of either the Building Inspector or Town Engineer, any property, building or structure located in the Town of Fishkill shall be deemed to be an unsafe property, building or structure as defined in § 50-2, the Building Inspector or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the condition of that property, building or structure.
C.
Action of Town Board upon receipt of report. The Town Board shall,
upon receipt of the report, meet to consider the same and shall cause
the same to be transmitted to the property's owner, tenant, occupant
or mortgagee together with a notice as set forth below. Service of
such notice shall be made either personally or by registered mail,
addressed to the last known address of the person or persons of the
description set forth above. If such service is made by registered
mail, a copy of such notice shall be posted on the premises where
the unsafe building is situated. The transmittal notice shall include:
(1)
The name of the owner or person in possession as appears from the
tax and deed records. A brief description of the premises and its
location.
(2)
A description of the property, building or structure that has been
found to be unsafe or dangerous.
(3)
The recommendations of the Building Inspector or Town Engineer in
regard to the property, building or structure, including recommendations
for remediation, removal or repair.
(4)
Notice that a hearing will be held before the Town Board, at which
hearing the owner, occupant or other person having an interest in
said premises shall have the right to contest the report of the Town
Engineer or Building Inspector.
(5)
Notice that in the event that such owner, occupant or other person
having an interest in said premises shall fail to appear at the hearing
or shall fail to demonstrate at the hearing that the property, building
or structure is not unsafe, that the Town Board may, at the conclusion
of the hearing, order such owner, occupant or other person having
an interest in said premises to remediate such unsafe condition or
repair or remove such unsafe building or structure. Any such order
shall require the property owner to commence such remediation or repair
to the property, building or structure or demolish the building or
structure within 30 days and to complete such work within 60 days
unless the start or completion dates are modified by the Building
Inspector or Town Engineer for good cause shown (such as imminent
threat or anticipated seasonal change which would make the work's
completion unlikely).
(6)
Notice that in the event that such owner, occupant or other person
having an interest in said premises shall fail thereafter to comply
with any order of remediation, removal or repair issued by the Town
Board within the time set forth in said order, the Town Board may
carry out the remediation, repair or removal itself and that the town
may, in such case, assess all costs and expenses, including but not
limited to legal and engineering expenses incurred in such remediation,
repair or removal against the property or may institute a special
proceeding against the owner, tenant, occupant or mortgagee to collect
the cost of remediation, repair or removal, including all legal and
engineering expenses incurred in connection therewith.
D.
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse of a building or structure so as to
endanger life, he shall immediately give notice requiring the building,
structure or portion thereof to be vacated forthwith and not reoccupied
until the specified repairs and improvements are completed, inspected
and approved by the Building Inspector. The Building Inspector shall
cause to be posted at each entrance to such building a notice: THIS
BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING DEPARTMENT. Such notice shall remain posted until the
required repairs are made or demolition has been completed. It shall
be unlawful for any person, firm or corporation or their agents or
other persons to remove said notice without written permission of
the Building Inspector, or for any person to enter the building except
for the purpose of making the required repairs or demolishing the
same.
E.
Emergencies. Where it reasonably appears that there is present a
clear and imminent danger to the life, safety or health of any person
or property unless an unsafe property, building or structure is immediately
repaired and secured or demolished, the Town Board may, by resolution,
authorize the Building Inspector or Town Engineer to immediately cause
the repair or demolition of such unsafe building or structure. The
expenses of such repair or demolition, at the option of the Town Board,
shall be a charge against the land on which it is located and shall
be assessed, levied and collected as provided hereinabove.
F.
Copies of any notices or orders served as set forth above may also
be filed in the office of the Dutchess County Clerk, who shall file
such notice in the same manner as a notice of pendency pursuant to
Article 65 of the Civil Practice Law and Rules. Such notice shall
have the same effect as a notice of pendency, except as otherwise
provided in this subsection. A notice so filed shall be effective
for a period of one year from the date of filing; provided, however,
that it may be vacated upon the order of a judge or justice of a court
of record or upon the consent of the Town Attorney. The County Clerk
shall mark such notice in any record or docket thereof as canceled
of record upon the presentation and filing of such consent or of a
certified copy of such order.
A.
All applications submitted pursuant to the Town Building Code shall
be accompanied by the applicable fee that shall be used to cover review
and administrative costs. The fees shall be set forth in the fee schedule
established annually by resolution of the Town Board. The fee schedule
shall be available at the Town Hall.
B.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no construction has been commenced. If construction
work has been started and the application is not approved, the fee
paid shall not be refunded.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement, in the name of this Town, with other governments
to carry out the terms of this chapter, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
[Added 5-4-2022 by L.L. No. 6-2022]
A.
The Building
Inspector is charged with the administration and enforcement of the
Uniform Code, the Energy Code, the Town Zoning Code, this chapter,
and all of the provisions of laws, ordinances and regulations applicable
to the construction, alteration, repair, removal and demolition of
buildings and structures, and the installation and use of materials
and equipment therein, and the location, use, occupancy and maintenance
thereof.
B.
In the
event that the Building Inspector is requested to render a code interpretation
by a Town official or board or by a member of the public as applied
to a particular property or a pending land use application, upon rendering
such interpretation the Building Inspector shall:
(1)
Send,
by United States Postal Service first-class mail, a copy of the said
interpretation to the record owners of all property located within
500 feet of the property which is the subject of the request or pending
land use application;
(2)
Send
with the copy of the said interpretation mailed to owners of real
property a letter or memorandum stating that the enclosed interpretation
has been rendered by the Building Inspector in regard to the subject
property or pending land use approval application, the date upon which
the interpretation was rendered, and that any persons aggrieved by
the interpretation and wishing to challenge it must appeal to the
Town Zoning Board of Appeals within 60 days of the date upon which
the interpretation was rendered;
(3)
Send,
by email to the official Town email addresses of each, a copy of the
said interpretation to notify the Town Supervisor, the Town Clerk,
the Chairman of the Town Zoning Board of Appeals, and the Chairman
of the Town Planning Board; and
(4)
Cause
a copy of the said interpretation to be posted on the Town's website.
C.
Until such
time as the notice and posting required by this section have been
completed the subject interpretation rendered by the Building Inspector
shall go into effect.
D.
In the
event that the Building Inspector is requested to render a code interpretation
by a Town official or board in connection with a land use application,
the cost of the mailing required by this section shall be borne by
the applicant for the land use approval. In the event that the Building
Inspector is requested to render a code interpretation by a member
of the public, the cost of the mailing required by this section shall
be borne by the said member of the public.
