Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 12-19-2006 by L.L. No. 5-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 75.
Electrical standards — See Ch. 97.
Flood damage prevention — See Ch. 117.
Trailers — See Ch. 192.
Water — See Ch. 207.

§ 114-1 Title; legislative intent.

A. 
This chapter shall be known and cited as the “Greece Building Construction, Fire Prevention and Energy Code.”
B. 
It is the intent of this chapter to provide for the administration and enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code. This local law is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of the use or occupancy, are subject to this chapter.

§ 114-2 Adoption of standards.

There is hereby adopted by the Town Board of the Town of Greece, Monroe County, New York, for the purpose of prescribing regulations governing building construction and conditions hazardous to life and property from fire, explosion or other cause, the regulations and standards set forth in the New York State Uniform Fire Prevention and Building Code (hereafter referred to as the "Uniform Code"). This chapter also provides for the administration and enforcement of the New York State Energy Conservation Construction Code (the "Energy Code").

§ 114-3 Definitions.

All technical terms used in this chapter shall be defined as set forth in the Uniform Code, latest edition, and/or the applicable reference standards set forth in said Uniform Code, except as such terms may otherwise be defined in this chapter.
BUILDING PERMIT
A permit issued pursuant to § 114-8 of this chapter.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 114-11 of this chapter.
CERTIFICATE OF REGISTRATION
The certificate issued by the Building Inspector to a plumber who has made application to conduct the business of plumbing in the Town of Greece.
[Added 8-17-2010 by L.L. No. 6-2010]
CHAPTER
As stated herein shall mean Chapter 114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece.
CODE ENFORCEMENT OFFICER
Hereafter referred to as the “Building Inspector” and used interchangeably herein as “Code Enforcement Officer”; the Code Enforcement Officer appointed pursuant to this chapter.
CODE ENFORCEMENT PERSONNEL
Shall include the Building Inspector, Fire Marshal and all certified code enforcement officials (hereafter referred to as "inspectors") as appointed pursuant to local law.
ENERGY CODE
The New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 114-4B of this chapter.
OFFICE OF THE BUILDING INSPECTOR
Shall be headed by a Town official designated as the Building Inspector and have responsibility of all oversight of the Uniform Code, Energy Code and this local code.
PLUMBING
The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, plumbing appliances and plumbing appurtenances, within or adjacent to any structure, in connection with sanitary drainage or storm drainage facilities; venting systems; and public or private water supply systems.
[Added 8-17-2010 by L.L. No. 6-2010]
REGISTRATION
A registration which is issued by the Town of Greece to a plumber to engage in the trade, business or calling of plumbing.
[Added 8-17-2010 by L.L. No. 6-2010]
STOP-WORK ORDER
An order issued pursuant to § 114-9 of this chapter.
TOWN
The Town of Greece, New York.
UNIFORM CODE
The New York State Fire Prevention and Building Codes, as currently in effect and hereafter amended from time to time.

§ 114-4 Administration and enforcement.

A. 
The Uniform Code, Energy Code and this chapter shall be administered and enforced by the Building Inspector as follows:
(1) 
The Building Inspector shall enforce all provisions and sections of the Uniform Code and Energy Code.
(2) 
Under the direction of the Building Inspector, the Fire Marshal shall be responsible for the enforcement of the Fire Code of New York State and other chapters applicable in the Uniform Code as deemed appropriate by the Code Enforcement Officer.
B. 
The Office of the Building Inspector shall be headed by a Town official designated as the “Building Inspector” and have the responsibility of all oversight of the Uniform Code, Energy Code and this local code. The Fire Marshal shall be appointed by the Town Board and generally act on behalf of the Code Enforcement Officer to enforce the Fire Code of New York State. The Building Inspector may be assisted by one or more inspectors appointed by the Town Board, who shall have the power to act generally for and on behalf of the Building Inspector. Each 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 inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated hereunder. Additionally, the Building Inspector may be assisted by one or more other employees as may be deemed necessary to carry out the functions of the office.
C. 
The Fire Marshal may be assisted by the Fire Chiefs of the Fire Departments or Fire Districts located and established within the limits of the Town of Greece. Each of the Fire Chiefs and their duly authorized assistants shall have the authority to make fire prevention inspections under the Uniform Code within the area or areas served by their respective fire districts. A copy of any inspection report or other report of other official action shall be filed with the Fire Marshal.
D. 
The Supervisor of the Town of Greece may appoint a temporary Building Inspector or Fire Marshal in the event that such officer becomes unable to perform his/her duties due to illness or disability and such temporary technical investigators, inspectors or consultants as may be necessary upon the request of the Building Inspector or Fire Marshal.
E. 
Powers and duties of Building Inspector and Fire Marshal.
(1) 
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereof. In addition to other duties assigned by the Code Enforcement Officer, the Fire Marshal shall enforce the provisions of the Fire Code of New York State as this relates to structures, processes and premises, and safeguards from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; to protect from conditions hazardous to life, property or public welfare and in matters related to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.
(2) 
The Building Inspector shall receive and review permit applications, together with applicable drawings and other documents as may be required, and shall issue permits for the construction, installation, alteration, repair, removal and demolition of buildings, structures or portions or accessories thereof and for equipment, plumbing, electrical and other appurtenances thereof. He/She shall inspect the premises for which such applications have been received or such permits have been issued for the purpose of assuring compliance with all applicable laws, codes, ordinances, rules and regulations. He/She shall issue certificates of occupancy (or certificates of compliance) for the purpose of certifying that the work has been substantially completed in conformance with all requirements inherent in the issuance of the permit thereof.
(3) 
The Building Inspector or Fire Marshal shall have the power and duty to order, in writing, the remedying of any condition found to exist in, on, or about any building (structure) in violation of the Uniform Code and/or the Energy Code.
(4) 
The Building Inspector or Fire Marshal may require the performance of field or laboratory tests by qualified persons, service bureaus, agencies or accredited and authoritative testing laboratories, whenever he/she may deem it necessary or appropriate to assure compliance with the provisions of applicable laws, codes, ordinances, standards, specifications, rules and regulations.
(5) 
The Building Inspector shall establish a policy whereby the Fire Chief of any Fire Department or Fire District providing fire-fighting services for a property shall notify the appropriate department of all working fires and other situations in which a building or structure is structurally damaged, rendered unfit for its intended use or occupancy, constitutes a threat to the public safety or where said fire or condition has caused the death or serious injury of any person.
(6) 
The Building Inspector shall keep official records of all transactions and activities of the office, including records of all applications received, all permits and certificates issued, fees charged and collected, inspections conducted and notices and orders issued.
(7) 
The Building Inspector may adopt rules and regulations for the administration and enforcement of this chapter, the Uniform Code and the Energy Code. Such rules and regulations shall not conflict with the Uniform Code, the Energy Code and this chapter.

§ 114-5 Applicability to new and existing buildings.

The provisions of the Uniform Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.

§ 114-6 Inspection authority.

The Fire Marshal may, with the written approval of the Building Inspector, delegate fire inspection authority to personnel employed by any large integrated industrial concern which in his/her sole opinion maintains adequate fire protection and fire prevention services. The Fire Marshal shall investigate, at any time or interval that he/she may deem necessary, to determine that the firesafety standards so maintained are substantively equivalent to the modified provisions of this chapter.

§ 114-7 Appeals.

A. 
Whenever the Building Inspector shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Uniform Code do not apply, or that the intent and meaning of this chapter have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building Inspector to the Board of Review, established under the applicable provisions of New York State law.
B. 
The procedures set forth in the New York State law referred to above for appeals shall not prohibit the Building Inspector or Fire Marshal from causing the removal of a hazard or ordering the immediate closing of a building or premises until a violation of this chapter has been corrected, when such hazard or existence of such violation constitutes, in the sole discretion of the Building Inspector or Fire Marshal, a distinct hazard to life or public safety.

§ 114-8 Permits.

A. 
Application for permit.
(1) 
No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building or structure or change in nature the occupancy classification pursuant to this chapter of any building or structure without first obtaining an appropriate permit from the Building Inspector, except that no permit shall be required for the performance of repairs which are not structural in nature and do not entail plumbing, electrical, heating, ventilation systems or components, fire protection or detection equipment, affect existing or the addition or alteration of a solid-fuel-burning installation or appliance.
(2) 
No person, firm, partnership, corporation or other body shall engage in any of the activities set forth in § 114-10 of this chapter without first obtaining a permit authorizing such activity from the Fire Marshal.
(3) 
Application for a permit shall be made to the Building Inspector or Fire Marshal as appropriate on forms available in the office of the Building Inspector. Applicants for any permit shall provide such information and documents as may be required in the discretion of the Building Inspector or Fire Marshal and as otherwise may be required by this chapter or other applicable codes, rules, regulations or ordinances of the Town of Greece.
(4) 
Application for a permit shall be made by the owner or lessee, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work. When such application is made by a person other than the property owner, it is the applicant’s responsibility to obtain the owner’s authorization and permission to conduct the proposed work. The Building Inspector may require that the permit application be accompanied by an affidavit, signed by the property owner, indicating such approval and authorization.
(5) 
Each application for a building permit for any construction regulated by §§ 7209 and 7307 of the Education Law of the State of New York, as amended, shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or (registered) architect. Where applicable, such plans and specifications shall provide a statement of special inspections prepared in accordance with the provisions of the Uniform Code. The plans and specifications shall indicate with sufficient clarity and detail the nature and extent of the work proposed, and substantiate that the proposed work will comply with the Uniform Code and the Energy Code.
(6) 
In all cases where there is to be installation of new plumbing or alteration of existing plumbing, a plumbing permit must be obtained by a plumber registered in the Town of Greece.
(7) 
Amendments to the application or to the plans and specifications may be filed at any time prior to completion of the work. Such amendments shall likewise be subject to the approval of the Building Inspector.
B. 
Issuance or denial of permit.
(1) 
The Building Inspector shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith, and if in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector or Fire Marshal, as may be appropriate. Fees collected shall be as specified on the Town of Greece Fee Schedule, as approved from time to time by Town Board resolution.
(2) 
Any permit granted hereunder shall be limited only to the activity authorized in said permit, and its continued validity shall be subject to the conditions set forth on said permit.
(3) 
Any permit granted hereunder shall not be transferable, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.
(4) 
Permits shall continue until revoked as provided for herein or for a period of one year unless, in the sole opinion of the Building Inspector, a different time period is appropriate, in which case the time period is to be specified at the time of permit issuance. An extension of the permit time period may be granted, provided that satisfactory reason can be shown for failure to complete the work or activity authorized within the required time period.
(5) 
Any application for or acceptance of any permit issued or requested pursuant to this chapter constitutes agreement and consent by the person to allow the Building Inspector or his/her representative to enter the premises at any reasonable time to conduct inspections as required by this chapter. Refusal to allow the Building Inspector to conduct said inspections of the premises and their records shall constitute sufficient justification for the revocation or suspension of said permit. In addition, should the Building Inspector deem it necessary, application may be made to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
C. 
Commencement and performance of work; posting of permits; validity.
(1) 
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 all applicable laws, codes, ordinances and regulations.
(2) 
The issuance of a building permit to anyone other than the property owner shall not mitigate in any way the applicant’s responsibility to secure the property owner’s authorization and permission before proceeding with the proposed work.
(3) 
Upon request, the Building Inspector may issue a foundation permit prior to the issuance of the entire building permit. Such foundation permits shall be limited to occasional circumstances where time is of the essence but where the issuance of the entire building permit would be in conflict with established policy and procedures or rules and regulations. The issuance of a foundation permit shall not mitigate in any way the applicant's responsibility to secure a building and/or plumbing permit before proceeding with the balance of the proposed work.
(4) 
A building permit shall become void if work does not commence within six months after the date of its issuance.
(5) 
Building permits shall be posted on the job site at all times while work is in progress. Operating permits shall be kept posted in a conspicuous place on the property or premises covered by the permit for so long a period of time as the permitted activity continues. Such operating permit shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefor and the payment of the applicable permit fee.
D. 
Revocation or suspension of permits. The Building Inspector shall have the authority to revoke permits issued by him/her in the following instances:
(1) 
Where it is found that there have been false statements or representations as to a material fact in the application, plans or specifications on which the granting of the permit was based.
(2) 
Where it is found that the permit, as issued, was in conflict with the requirements of any applicable law, code, ordinance, policy, procedure, rule or regulation and, accordingly, should not have been issued.
(3) 
Where the person to whom a permit has been issued fails or refuses to comply with a stop-work order duly issued by the Building Inspector.

§ 114-9 Stop-work orders.

A. 
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is proceeding without a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation 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 continued in an unsafe and dangerous manner, he/she shall notify either the owner of the property or the owner’s agent or the person, firm or corporation performing work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector or that of a Code Enforcement Inspector and shall be prominently posted at the work site. The posting of a stop-work order on the job site shall be deemed sufficient notice to suspend all work.

§ 114-10 Uses requiring operating permits.

A. 
Permits shall be obtained from the Fire Marshal for the following:
(1) 
Flammable and combustible liquids.
(a) 
To store, handle or use combustible liquids in excess of 25 gallons inside of a building or in excess of 60 gallons outside a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(b) 
For processing, blending or refining of flammable or combustible liquids.
(2) 
Hazardous chemicals.
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 50% or more of ammonium or any amount of toxic material or poisonous gas.
(b) 
For processing, blending or refining of hazardous chemicals involving the quantities listed above.
(3) 
Liquefied petroleum gas. For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons' or more water capacity, and for each permanent installation, irrespective of the size of containers, made at buildings in which 50 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacements of portable cylinders and have it available for inspection.
(4) 
Service station and self-service stations. To operate service stations, self-service stations or combination thereof.
B. 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
C. 
Operating permits will remain in effect until reissued, renewed or revoked, or for a specified period of time consistent with local conditions.
D. 
Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.

§ 114-11 Certificates of occupancy and compliance.

[Amended 8-17-2010 by L.L. No. 6-2010]
A. 
No newly constructed building or addition shall be used or occupied in whole or in part until a certificate of occupancy or certificate of compliance has been duly issued by the Building Inspector. No other structure or construction issued a permit in accordance with § 114-8A of this chapter shall be used or otherwise put into service without the issuance of a certificate of compliance by the Building Inspector. No building or addition shall be used, occupied or put to use , in whole or in part, in a manner other than the use or occupancy permitted under the certificate of occupancy or certificate of compliance duly issued by the Building Inspector. No other structure or construction, issued a permit in accordance with § 114-8A of this chapter, shall be used, occupied or otherwise put into use or service in any manner not permitted by the issuance of a certificate of compliance by the Building Inspector.
B. 
When, after final inspection, it is found that the proposed work has been substantially completed in compliance with all applicable laws, codes, ordinances and regulations and is also in substantial accordance with the application, plans and specifications filed in connection with the issuance of the permit and is also in substantial compliance with a final approved subdivision plan or approved site plan, the Building Inspector shall issue a certificate of occupancy upon the form provided by his/her office. In the event that it is found that all proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy or a certificate of compliance and shall require that the work be completed in conformity with all applicable laws, codes, ordinances and regulations prior to the issuance of a certificate of occupancy.
C. 
The owner or his/her agent must submit to the Building Inspector an Instrument Survey Map, as required by the Building Inspector, showing the true location of the new building or additions in reference to all the property lines and existing structures.
D. 
Upon request, the Building Inspector may issue a conditional certificate of occupancy or conditional certificate of compliance for a building or structure, or parts thereof, before the entire work covered by the permit shall have been completed, provided that the building or structure, or such portion or portions as have been completed, may be occupied safely without endangering life or public welfare. A conditional certificate of occupancy or conditional certificate of compliance shall specify the conditions that must be met before a regular certificate of occupancy or certificate of compliance can be issued and shall specify an expiration date. The expiration date may be extended at the discretion of the Building Inspector.
[Amended 7-11-2012 by L.L. No. 2-2012]
E. 
Conditional certificates of occupancy or conditional certificates of compliance criteria.
[Amended 7-11-2012 by L.L. No. 2-2012]
(1) 
A conditional certificate of occupancy or conditional certificate of compliance may be issued for a site, provided that all applicable laws, rules, ordinances and other regulations of the Town of Greece, together with the following, as applicable in the sole judgment of the Building Inspector, are complied with:
(a) 
The conditional certificate of occupancy or conditional certificate of compliance shall state a date upon which it shall automatically become void.
(b) 
A list of all items remaining to be completed on the site shall be set forth on the conditional certificate of occupancy or conditional certificate of compliance and a time limit shall be stated, by which date all items of work are to be completed.
(c) 
A cost estimate of the remaining work shall be submitted by the applicant’s engineer or architect, which cost estimate may be increased from time to time to cover increases in costs or additional items.
(d) 
A certified check or letter of credit shall be submitted to the Town of Greece, in an amount at least equal to the cost estimate provided for above.
(e) 
An agreement shall be submitted by the property owner and/or applicant, approved by the Town Attorney, giving the Town of Greece permission to use the certified check or draw on the letter of credit should the expiration date arrive and work remain to be completed.
(f) 
The certified check or letter of credit shall be returned upon issuance of a permanent certificate of occupancy.
(g) 
Upon final inspection for a certificate of occupancy where the final grading is incomplete due to seasonal conditions, a cash or check deposit of $1,000 is required to be posted. The release of such deposit is based upon a reinspection and completion of the grading per specification. All seasonal grading will be issued a conditional certificate of occupancy, as outlined in Subsection E above.
(2) 
If at any time after a conditional or permanent certificate of occupancy or conditional or permanent certificate of compliance has been issued a condition occurs which, in the opinion of the Building Inspector, renders the site unsafe or constitutes a danger to public safety, or which results in property being used or put to a use in any manner not contemplated by or in contradiction with the Town of Greece Code, the Building Inspector may immediately revoke the conditional certificate of occupancy and order the property vacated. A certificate of occupancy or certificate of compliance issued in error, or issued on the basis of incorrect information, regardless of the source of such error or information, including but not limited to information regarding the use or occupancy, shall be suspended or revoked.
F. 
Nothing herein contained shall be construed to prevent the Town of Greece from pursuing any and all legal remedies it deems necessary to enforce the applicable laws, rules and regulations of the Town of Greece and State of New York.

§ 114-12 Plumbing.

[Amended 8-17-2010 by L.L. No. 6-2010]
All plumbing work in the Town of Greece shall be conducted in accordance with the regulations of the New York State Uniform Fire Prevention and Building Code applicable to plumbing.
A. 
The administration and enforcement of this section and the provisions of Title 19 NYCRR shall be applicable to plumbing installations.
(1) 
In the Town of Greece, it shall be unlawful for any person, firm or corporation to install, alter or maintain plumbing or otherwise carry on the business or trade of plumbing in violation of any of the provisions of this code or to fail in any manner to comply with any notice, directive or order of the Building Inspector or to install, alter or maintain plumbing in a manner not permitted by an approved building permit and the provisions of Title 19 NYCRR. No person or business shall perform such work without first obtaining a certificate of registration issued by the Building Inspector.
(2) 
Whenever proposed plumbing work also requires the approval of a municipal authority other than the Building Inspector, plumbing/building permits shall not be issued until such other approvals are obtained.
B. 
The Building Inspector may issue a plumbing registration to an applicant who complies with all requirements of this section and the policies of the Technical Services Department.
(1) 
Prior to issuing a plumbing registration, the Building Inspector shall require applicants to:
(a) 
Post a certificate of liability insurance naming the Town of Greece as being additionally insured.
(b) 
Submit satisfactory evidence of workers' compensation and disability insurance as required by the New York State Workers' Compensation Law.
(c) 
Provide and keep current documentation showing those plumbers who are in the applicant's employ.
(2) 
All registrations shall expire on the 31st day of December each year. Once a registration has expired, a plumber shall not be issued permits or be allowed to continue plumbing work until the registration is renewed.
C. 
Abandonment of services. Whenever a building is demolished and the plumbing services abandoned, the services and laterals shall be terminated in the following manner. Water services shall be discontinued at the corporation connection to the water main unless, in the opinion of the highway authority having jurisdiction, the work would necessitate an undue disruption of public works. In such cases, the water service may be terminated at the curb box. Storm and sanitary laterals shall be plugged or capped within the boundaries of the property as close as practical to the downstream point of connection to a collector or public sewer.
D. 
Grease traps/separators.
(1) 
Grease traps shall have designed in or added on a mechanism to force automatic shutdown when full. This device shall be so certified by manufacturer and/or licensed architect or engineer.
(2) 
The Building Inspector or Commissioner of Public Works may require any separator, new or existing, to be recertified by a licensed engineer or be replaced when it is determined that the grease-collecting efficiency and/or maximum effective grease capacity is not acceptable either by size, type, design or condition.
(3) 
Each separator shall be readily accessible for cleaning and maintenance. Proprietors of establishments and property owners shall be responsible for the periodic removal of accumulated grease and sludge in order to maintain each separator in proper and efficient operating condition. All wastes removed shall be disposed of in an acceptable and legal manner and shall not be introduced into any drainage system. Existing separators may be cleaned and maintained as before this chapter's effective date unless, through testing, their maintenance schedule and disposal methods are deemed to be inadequate by the Building Inspector or Commissioner of Public Works. At any reasonable hour of the day, or if a grease problem arises downstream of an establishment with a separator, the Building Inspector, Commissioner of Public Works or a representative of either may require access to inspect the separator and to inspect the establishment's records of maintenance or cleaning of said separator. The Building Inspector and/or Commissioner of Public Works may require that nonfunctioning separators be replaced or repaired. It shall be unlawful to attempt cleaning of any separator through the introduction of any caustic, acid or other poisonous chemicals for such purposes.

§ 114-12.1 Swimming pools.

[Added 8-17-2010 by L.L. No. 6-2010]
A. 
All swimming pools shall be installed and maintained in accordance with the regulations of the New York State Uniform Fire Prevention and Building Code, NYCRR Title 19, Appendix G and all other applicable code sections.
B. 
Additional requirements for location of swimming pools are as follows. Swimming pools shall:
(1) 
Conform to the location and setback regulations of Chapter 211, Zoning.
(2) 
Be at least 10 feet away, as measured from the water's edge, from any structure either on the same or adjacent property, except that decks shall be permitted, provided that they are adjacent to pools and the walking surface of the deck is no greater than one foot above the side wall of the pool. Wading pools, hot tubs, spas and similar type pools are exempt from the requirement.
(3) 
Be at least 10 feet from any active well, septic tank or leach bed, etc., unless conditions warrant a lessening or increasing of this distance and are approved, in writing, by the Monroe County Department of Health. Wading pools, hot tubs, spas and similar type pools of 500 gallons' capacity or less are exempt from this requirement.

§ 114-13 Supplementary provisions and requirements for fire prevention and protection.

Whereas the New York State Uniform Fire Prevention and Building Code makes reference to various subjects dealing with fire protection and/or fire prevention practices, it is hereby deemed necessary and appropriate to set forth additional provisions for the Town of Greece to enable the Building Inspector or Fire Marshal to effectively enforce the provisions of this chapter. The specific areas of fire protection and/or fire prevention which are the subject of these additional provisions are set forth herein, and each subject is referenced to the applicable section of the Uniform Code where such subject is addressed.
A. 
Fire apparatus and emergency service access (Fire Code of New York State Chapter 5).
(1) 
The fire access roads shall be as required by the Uniform Code. Fire lanes shall be a minimum width of 30 feet in commercial and industrial properties and a minimum width of 25 feet in multiple-dwelling properties. The Fire Marshal shall approve the location, width, layout and construction type of all fire lanes and access roads, which shall be located so as to be accessible to the nearest public road or highway.
(2) 
In those areas where new construction is being undertaken, suitable access roads and temporary street signs in conformity with Town of Greece specifications shall be installed and maintained so as to provide continuous access to Fire Department and other emergency vehicles prior to the commencement of an aboveground construction.
(3) 
Fire lanes shall be clearly designated by suitable approved pole- or building-mounted signs to be provided by the owners or occupants of the premises. Failure to replace or repair damaged, rusted or faded signs after written notice shall have been served upon the owner or occupant shall constitute a violation of this chapter.
(4) 
The signs required to be posted by this chapter for fire lane identification shall conform to the size and color requirements for parking signs as set forth in the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation. In addition, said signs shall also:
(a) 
Have arrows pointing in the direction of the area designated as a fire lane.
(b) 
Be posted not more than 50 feet apart
(c) 
Be neither of a portable nor movable type except where otherwise directed by the Fire Marshal.
B. 
Means of egress from buildings (Fire Code of New York State Chapter 10). Whenever any special security methods or security devices deemed necessary by the owner or person generally in charge of the premises affect the means of egress, such security methods or security devices shall not be used or installed without first obtaining the written consent of the Fire Marshal or Building Inspector. Such consent may be revoked at any time upon just cause in the opinion of the Fire Marshal or Building Inspector.
C. 
Fire protection equipment; water supply (Fire Code of New York State Chapter 5).
(1) 
The Fire Marshal or Town Engineer shall approve locations and size of all hydrants and water mains and may require the installation of the same where deemed necessary by the Fire Marshal or Town Engineer.
(2) 
Fire hydrants.
(a) 
The location of public or private hydrants shall not exceed the maximum spacing established in the Fire Code of New York State, Chapter 5, and the American Water Works Association. Hydrants located in subdivisions and other residential areas shall be located at intersections whenever possible.
(b) 
In areas where new construction is being undertaken and public or private water mains and hydrants do not exist, or where such public water mains and hydrants are located from new construction at such distances which could reasonably affect the ability of the Fire Department or Fire District to provide for adequate protection to such new construction, water mains and hydrants of sufficient size and capacity as shall be determined by the Fire Marshal or Building Inspector shall be installed and be in proper operating condition prior to the commencement of any aboveground construction. Upon written application and for good cause shown, the Fire Marshal or Building Inspector may grant temporary exceptions to this requirement, the length and extent of said temporary exception being subject to the sole discretion of the Fire Marshal and subject to any conditions the Fire Marshal or Building Inspector may deem necessary. In the event that the terms and conditions of said permission are not complied with, the Fire Marshal or Building Inspector may revoke said permission.
(c) 
No person, except those authorized by the Fire Marshal to do so, shall cause any public or private fire hydrant to be obstructed except in the event of an emergency situation with the approval of the Fire Marshal.
(d) 
Privately owned water mains and fire hydrants on property devoted to public use, including but not limited to multiple-dwelling complexes, churches, commercial buildings, schools, places of assembly and shopping centers, shall be regularly maintained and annually serviced by the owner or person generally in charge of the subject premises. Such maintenance and annual servicing shall be conducted in accordance with generally accepted standards, and records of such annual maintenance shall be kept on the premises for a reasonable time so that the same are available for examination by the Fire Marshal.
D. 
Storage of flammable, combustible and hazardous liquids (Fire Code of New York State Chapter 27).
(1) 
Aboveground tanks for the storage of flammable liquids shall not be permitted without the written permission of the Fire Marshal and shall be subject to such conditions as may be required by him/her to ensure public safety and the prevention of property damage.
(2) 
Aboveground or underground storage of flammable, combustible or hazardous liquids shall be subject to generally accepted standards as set forth in the Uniform Code with reference to the testing, inspection, installation, replacement or use of said tanks and their associated piping.

§ 114-14 Removal of dangerous buildings and structures.

A. 
Whenever it is found that a building or structure or part thereof may be an imminent danger to life and safety of the public for any reason, the Building Inspector may require the occupants of any such building or structure or any part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. No unauthorized person shall enter premises which have been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
B. 
In addition to the above-mentioned provisions, the Fire Marshal shall report to the Building Inspector the location of any building or structure investigated by the Fire Marshal which has been damaged by fire, explosion or other cause for any action deemed appropriate by the Building Inspector under either the Unsafe Buildings and Collapsed Structures Law of the Town of Greece[1] or applicable sections of the Uniform Code.
[1]
Editor’s Note: See Ch. 75, Buildings, Unsafe.

§ 114-15 Inspections.

A. 
It shall be the responsibility of the owner or his/her agent to notify the Building Inspector when work is ready for each required inspection. Specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be in accordance with the requirements of the Building Inspector, or in accordance with established policy, procedures, rules and regulations.
B. 
Failure to request a required inspection may be cause for rejection of the work and, where deemed necessary by the Building Inspector, an order to expose the work for inspection.
C. 
Code enforcement personnel may, between the hours of 7:00 a.m. and 10:00 p.m. or, if different, during normal business hours, enter any building or premises within the Town of Greece for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Title 19 NYCRR. Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building Inspector has either obtained the informed consent of the property owner or person with a privacy right to the property or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property.
D. 
Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made to any court of competent jurisdiction for a warrant to make such inspection.
E. 
Required inspections.
(1) 
Provisions shall be made for inspection of the following elements of the construction process, where applicable:
(a) 
Work site prior to the issuance of a permit.
(b) 
Footing and foundation.
(c) 
Preparation for concrete slab.
(d) 
Framing.
(e) 
Building systems, including underground and rough-in.
(f) 
Fire-resistant construction.
(g) 
Fire-resistant penetrations.
(h) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents.
(i) 
Energy Code compliance.
(j) 
Project audit inspections.
(2) 
Fire detection and fire suppression systems; and a final inspection after all work authorized by the building permit has been completed. Provisions shall be made for:
(a) 
Firesafety and property maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year.
(b) 
Firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, but in no event shall such intervals exceed one year for dormitory buildings and three years for all other buildings.
(3) 
Special inspections and tests as may be required by the Building Inspector and/or the design professional in responsible charge.
F. 
Procedures shall be established for addressing bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for administration and enforcement of the Uniform Code. The process for responding to such complaints shall include, when appropriate, provisions for inspection of the conditions and/or activities alleged to be in violation of the code or the laws and/or regulations adopted for administration and enforcement of the code.

§ 114-16 Prohibitions; violation orders; appearance tickets; fire lanes.

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 of the provisions of this chapter or to fail in any manner to comply with any notice, directive or order of the Building Inspector 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, plumbing permit or certificate of occupancy.
B. 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
C. 
Whenever it is found that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
D. 
Violation orders shall be in writing; shall identify the property or premises; shall specify the violation or remedial action to be taken; and shall provide that said violation must be corrected within 10 days from the date of service of such violation notice on one of the persons set forth in Subsection E herein, unless said ten-day period shall be modified at the discretion of the Code Enforcement Officer issuing such violation order.
E. 
Violation orders, stop-work orders and other orders or notices referred to in this chapter shall be served on the owner or some one of the owner’s executors, legal representatives, agents, lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees or any tenant or other person occupying the premises or any other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of Taxes or in the Office of the County Clerk or County Register.
F. 
Appearance tickets. The Building Inspector shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made there under.
G. 
Fire lanes. No person shall park, stand or stop a vehicle in a designated fire lane except to avoid conflict with other traffic or pedestrians, or in obedience to direction of a peace officer or stop sign, nor shall any person in any manner obstruct any fire lane or other means of access to a building or premises or otherwise obstruct a source of water or other service necessary for fire-fighting purposes.
(1) 
Whenever the Fire Marshal deems that an obstruction to or on a fire lane or other means of access to a building or premises, or that an obstruction to a source of water or other service necessary for fire-fighting purposes, is such that it constitutes a distinct hazard to life or public safety or is interfering with the operation of the Fire Department during an emergency, he/she may order the obstructions immediately removed, and any costs incurred, including but not limited to towing charges and storage fees, shall be the responsibility of the registered owner of such vehicle.
(2) 
In addition to the foregoing penalties, any vehicle or other obstruction found standing, parked or left in a fire lane, or found standing, parked or left within 15 feet of a fire hydrant, may be ticketed for a “no parking” violation or fire hydrant parking violations as necessary, or may be removed, towed away and/or stored by or at the direction of any peace or law enforcement officer, Fire Marshal or code enforcement personnel. Any such removal, towing and storage, as herein provided, may be performed by a private towing contractor, and any and all expenses related thereto shall be the full responsibility of the owner or person entitled to possession of said vehicle or obstructing article.

§ 114-17 Penalties for offenses.

A. 
Any person who shall willfully fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any other person taking part or assisting in the construction or use of any building or property who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive or permit issued thereunder by the Building Inspector shall severally for each and every such violation be punishable by a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violation or defects within a reasonable time, and when not otherwise specified, each day that the prohibited condition(s) or violation(s) continues shall constitute a separate offense. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
B. 
An action or proceeding in the name of the Town of Greece, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, the Energy Code, this chapter, any rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

§ 114-18 Liability of Town.

This chapter shall not be construed to hold any Code Enforcement Officer of the Town of Greece or the Town of Greece responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect for any permits required under this chapter, nor shall they be liable for any damage to persons or property by reason of the Building Inspector’s exercising his/her discretion as provided in this chapter.

§ 114-19 Severability.

A. 
If any part or provision of this chapter or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid; such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part so decided to be invalid.
B. 
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or part, the effect of such decision shall be limited to the person, property or situation involved, and the application of any such provisions to any other person, property or situation shall not be affected.

§ 114-20 When effective.

[Added 8-17-2010 by L.L. No. 6-2010]
This chapter shall take effect immediately.