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