[HISTORY: Adopted by the Town Board of the
Town of Greece 12-19-2006 by L.L. No. 5-2006. Amendments noted where
applicable.]
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.
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.
A permit issued pursuant to § 114-8 of this chapter.
A certificate issued pursuant to § 114-11 of this chapter.
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]
As stated herein shall mean Chapter 114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece.
Hereafter referred to as the “Building Inspector”
and used interchangeably herein as “Code Enforcement Officer”;
the Code Enforcement Officer appointed pursuant to this chapter.
Shall include the Building Inspector, Fire Marshal and all
certified code enforcement officials (hereafter referred to as "inspectors")
as appointed pursuant to local law.
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 114-4B of this chapter.
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.
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]
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]
An order issued pursuant to § 114-9 of this chapter.
The Town of Greece, New York.
The New York State Fire Prevention and Building Codes, as
currently in effect and hereafter amended from time to time.
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, plan reviews, and/or
third-party inspections 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. All costs associated with any such field or
laboratory tests, plan reviews, and/or third-party inspections shall
be paid for by the applicant and/or permit holder.
[Amended 4-21-2022 by L.L. No. 3-2022]
(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.
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.
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.
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.
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.
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.
[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:
(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:
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.
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.
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.
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.
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.
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.
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.
[Added 8-17-2010 by L.L. No. 6-2010]
This chapter shall take effect immediately.
