Town of Woodstock, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Woodstock 3-19-1985 by L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and property — See Ch. 36.
Electrical inspections — See Ch. 60.
Environmental quality review — See Ch. 65.
Flood damage prevention — See Ch. 82.
Subdivision of land — See Ch. 202.
Zoning — See Ch. 260.
This chapter shall provide the basic method for administration and enforcement of the New York State Building and Fire Code (Code) in the Town of Woodstock, New York, and shall establish powers, duties and responsibilities in connection therewith.
The Town of Woodstock Fire Inspector and Building Inspector are hereby designated the Code Enforcement Officers (CEO) within the Town of Woodstock, New York.
The CEO shall keep official records of all inspection reports, recommendations, complaints and violation orders.
No officer or employee of the Building Department shall engage in any activity inconsistent with his/her duties or with the interests of the Building Department, nor shall he/she, during the term of this 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 Woodstock, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him/her and not constructed for sale.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 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 receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, or additions thereto, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his/her duties, except that he/she may accept written reports of inspection from other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may 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 Town of Woodstock Town Board shall cause the Building Inspector to conduct periodic inspections for compliance with the provisions of the Code. Such inspections may be made upon the conditions set forth below:
A. 
Upon consent of either the owner or a person who has a privacy interest to be protected within the structure sought to be inspected.
B. 
Upon the existence of urgent circumstances by reason of an emergency situation existing.
C. 
Upon the issuance of a search warrant based upon probable cause established either through the condition of the building, condition of the neighborhood, passage of time since last inspection or a regular schedule of inspections, which search warrant shall be issued by a judge of competent jurisdiction, including a Town Justice.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Contents.
(1) 
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done;
(b) 
A statement of the use or occupancy of all parts of the land and of the building or structure;
(c) 
The valuation of the proposed work;
(d) 
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;
(e) 
A brief description of the nature of the proposed work;
(f) 
A duplicate set of plans and specifications as set forth in Subsection C of this section; and
(g) 
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.
(2) 
Applications shall be made 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.
C. 
Plans and specifications.
(1) 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(2) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings. Where applicable, the provisions of Education Law § 7307, as currently in effect or hereafter amended, shall be complied with.
(3) 
The Building Inspector may waive the requirement for filing plans when the work to be done does not reasonably require plans due to its simplicity and does not require an engineer's or architect's drawings.
D. 
Amendment to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work subject to the approval of the Building Inspector.
[Added 1-21-2003 by L.L. No. 1-2003]
A. 
The following uses established in the New York State Fire Code shall require an annual operating and safety inspection permit at a fee approved by the Town Board of the Town of Woodstock in accord with § 32-11:
(1) 
Assembly Group A 1-4.
(2) 
Business Group B.
(3) 
Educational Group E.
(4) 
Factory Industrial Group F 1-2.
(5) 
Institutional Group I 1-4.
(6) 
Mercantile M.
(7) 
Residential Group R 1-4.
(8) 
Storage Group S.
(9) 
Miscellaneous Group U.
B. 
The following uses as defined in the New York State Fire Code shall require a permit and inspection at a fee approved by the Town Board pursuant to § 32-11:
(1) 
Carnivals.
(2) 
Exhibits and trade shows.
(3) 
Flammable and combustible liquids (as defined in § 202 of the New York State Fire Code).[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Lumberyards and woodworking plants (excess of 100,000 board feet).
(5) 
Liquefied petroleum (LP) gas storage and use.
(6) 
Miscellaneous combustible storage.
(7) 
Places of assembly.
(8) 
Pyrotechnic special effects material.
(9) 
Repair garages and service stations.
(10) 
Temporary membrane structures and tents.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith and shall approve or disapprove the application within a reasonable time.
B. 
Issuance of building permit. Upon approval of the application and upon receipt of the proper fees therefor, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him/her and shall affix his/her signature or cause his/her signature to be affixed thereto.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "Approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be kept at the building site open to inspection by the Building Inspector or his/her authorized representative at all reasonable times.
D. 
If the application, together with the plans, specifications and other documents filed therewith, proposes 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.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The Building Inspector shall file or cause to be filed with the Assessor a copy of each building permit issued.
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of one year after the date of issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
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 and regulations. All work shall conform to the approved application, plans and specifications.
Upon the filing of an application for a demolition permit, sign permit or a building permit, fees shall be payable as established from time to time by the Town Board.
A. 
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
(1) 
Where the Inspector 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;
(2) 
Where the Inspector finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;
(3) 
Where the Inspector finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans and specifications; or
(4) 
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.
B. 
Prior to issuing any revocation hereunder, the Building Inspector shall provide 20 days' advance notice of the intended action and the reasons therefor by personal delivery of such notice or by certified mail to the applicant at his/her last known address.
Wherever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he/she shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be 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 such person or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
No change shall be made in the type of use of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. 
The owner or owner's 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 Building Inspector 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 of the superintendent of construction who supervised the work and who, by reason of his/her experience, is qualified to supervise the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected in accordance with the approved plans and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
A. 
Before issuing a certificate of occupancy, the Building Inspector shall examine, or cause to be examined, all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy and he/she may conduct such inspections as he/she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained in the Building Inspector's office a record of all such examinations and inspections, together with a record of findings of violations of the law, ordinances and regulations.
A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him/her. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B. 
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.
C. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
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.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the code shall comply with all the provisions of the code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the CEO finds that there has been a violation of the code, this chapter, or any rule or regulations adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time limit within which an appeal may be taken.
D. 
Violation orders may be served by personal service, or by mailing by certified mail, or by posting a copy thereof in a conspicuous place on the premises, and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, an appearance summons to appear at a local court may be issued.
A. 
Any persons who shall fail to comply with a written order of the Building Inspector within the time for compliance therewith, and any owner, builder, tenant, architect, contractor, subcontractor, construction superintendent or their agents or any other persons taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or the State Uniform Code or any lawful order, notice, directive, permit, or certificate of the Building Inspector made thereunder, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. Each day that violation continues shall be deemed a separate offense.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Except as provided otherwise, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
C. 
This section shall not apply to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.[2]
[2]:
Editor's Note: Original § 20, Penalties for Violations of Fire Prevention Portion of the Code, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Except when necessary to avoid conflict with other traffic or in compliance with directives of a police officer, Fire Department official or official traffic control device, no person shall park, abandon or leave unattended any vehicle in a fire lane or access road or in such a manner that it could obstruct access to buildings, structures and property by fire-fighting and emergency service personnel, apparatus and equipment in violation of § 503 of the State Fire Code.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the penalties prescribed in § 32-20 hereof and the provisions for the issuance of violation orders in 32-19 hereof, whenever any police officer finds a vehicle or vehicles parked, abandoned or left unattended in violation of Subsection A hereof, such police officer is hereby authorized to:[2]
(1) 
Issue a notice of violation pursuant to Article 2-B of the Vehicle and Traffic Law of New York.
(2) 
Move such vehicle or vehicles or require the driver or other person in charge of the vehicle to move the same.
(3) 
Provide for the removal of such vehicle or vehicles to a garage, automobile pound or other place of safety.
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Whenever the CEO, or his/her delegate, finds a vehicle or vehicles parked, abandoned or left unattended in violation of Subsection A hereof during the course of a fire, he/she shall be authorized to exercise those powers as described in Subsection B(2) and (3) hereof, and the owner or other person entitled to the possession of such vehicle or vehicles shall be charged a reasonable cost for removal and storage, payable before the vehicle is released.[3]
[3]:
Editor's Note: Original § 22, Removal of Dangerous Buildings and Structures, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 36, Buildings, Unsafe.