This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Village. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other section of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING PERMIT
A permit issued pursuant to §
105-7 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A type of certificate issued pursuant to §
105-10 of this chapter stating that materials and products meet specified standards or that work is done in compliance with approved construction documents.
CERTIFICATE OF OCCUPANCY
A type of certificate issued pursuant to §
105-10 of this chapter for structures or portions thereof to be occupied by persons.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police, Fire and Health Departments or officers,
and of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
Any building official, upon the showing of proper credentials
and in the discharge of his or her duties, may enter upon any building,
structure or premises at any reasonable hour, and no person shall
interfere with or prevent such entry.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with Chapter
86 of the Village Code, "Unsafe Buildings."
The Building Inspector shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other chapter, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspections;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
105-18;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Village, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this section shall be commenced without the appropriate authorization from the Board of Trustees of this Village. These remedies shall be in addition to the penalties prescribed in §
105-18.
All applications submitted pursuant to this chapter shall be
accompanied by the applicable fee that shall be used to cover review
and administrative costs. The fees shall be set forth in the fee schedule
established by resolution of the Board of Trustees in effect at the
time of the application.
The Board of Trustees of this Village may, by resolution, authorize
the __________ of this Village to enter into an agreement, in the
name of this Village, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.