There is hereby designated in the Village of
Pleasantville a public official to be known as the "Building Inspector,"
who shall be appointed by the Mayor, subject to the approval of the
Village Board of Trustees. The Building Inspector shall be a registered
architect or licensed professional engineer of the state or a builder
of at least 10 years' recent experience qualified to compute stresses
in any part of a structure. The Building Inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder. The Building Inspector shall
receive such compensation as is fixed by the Village Board of Trustees
or as prescribed by law and shall receive no other fees in connection
with the execution of the duties of his or her office. The Building
Inspector need not reside within the incorporated limits of the Village
of Pleasantville, but must reside within the State of New York.
The Mayor, subject to the approval of the Village
Board of Trustees, may appoint one or more Deputy Building Inspectors,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his or her powers and duties.
The compensation of such Deputy Building Inspectors shall be fixed
by the Village Board of Trustees. The Deputy Building Inspectors shall
possess background experience related to building construction or
fire prevention and 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 shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
In the absence of the Building Inspector or
in the case of his or her inability to act for any reason, the Mayor
shall have the power, with the consent of the Village Board of Trustees,
to designate a person to act in his or her behalf and to exercise
all of the powers conferred upon him or her by this chapter.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his or her duties or
with the interests of the Building Department; nor shall be or she,
during the term of his or her office or employment, be engaged directly
or indirectly in any building business, in the furnishing of labor,
materials or appliances for the construction, alteration or maintenance
of a building or the preparation of plans or specifications thereof
with the Village of Pleasantville, excepting only that this provision
shall not prohibit any officer or employee from such activities in
connection with the construction of a building or structure owned
by him or her and not constructed for sale.
A.
Enforce Code and laws. Except as otherwise specifically
provided by law, ordinance, rule or regulation, the Building Inspector
shall administer and enforce all provisions of laws, codes, ordinances,
rules, regulations and orders applicable to the construction, alteration,
repair, removal and demolition of buildings, appurtenances and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
Applications and permits. The Building Inspector shall
administer and enforce all the provisions of the Uniform Code, the
Energy Code, this chapter and relevant provisions of this Code. The
Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates
and operating permits, and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating
permits, and to include in building permits, certificates of occupancy,
temporary certificates and operating permits such terms and conditions
as the Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, temporary
certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints,
and all other inspections required or permitted under any provision
of this chapter, except that the Building Inspector may accept written
reports of inspection from Deputy Building Inspectors or other employees
of the Building Department or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set forth by the Village Board
of Trustees in the Master Fee Schedule, as same may be amended;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter.
C.
Testing. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of or there are reasonable
grounds to believe that any material, construction, equipment or assembly
does not conform with the requirements of the Codes of the State of
New York, this Code, applicable laws, rules or regulations covering
building construction, he or she may require the performance of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
The Building Inspector shall have the authority to accept or reject
certified test reports for any materials and methods of construction
not covered in this chapter and the Codes of the State of New York.
Acceptance shall not be in violation of this chapter and the Codes
of the State of New York.
The Building Inspector, Deputy Building Inspector,
Plumbing Inspector and Code Enforcement Officer are code enforcement
officials as defined in the Codes of the State of New York.
The Building Inspector shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
A.
All applications received, reviewed and approved or
denied;
B.
All plans, specifications and construction documents
approved;
C.
All building permits, certificates of occupancy, temporary
certificates, stop-work orders, and operating permits issued;
D.
All inspections and tests performed;
E.
All statements and reports issued;
F.
All complaints received;
G.
All investigations conducted;
H.
All other features and activities specified in or
contemplated by chapter; and
I.
All fees charged and collected.
A.
The Building Inspector shall annually submit to the
Secretary of State, on behalf of the Village, on a form prescribed
by the Secretary of State, a report of the activities of the Village
relative to administration and enforcement of the Uniform Code.
B.
The Building Inspector shall, upon request of the
New York State Department of State, provide to the New York State
Department of State, from the records and related materials the Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Village
in connection with administration and enforcement of the Uniform Code.
C.
Reports to Village Administrator. When requested,
the Building Inspector shall submit reports to the Village Administrator
and a summary of all business conducted by the Building Inspector,
including permits and certificates issued, fees collected, orders
and notices promulgated, inspections and tests made and appeals or
litigation pending or concluded.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his or her
duties, the assistance and cooperation of the Police, Fire, Health
and other 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.
