[HISTORY: Adopted by the Town Board of the Town of Guilderland 6-11-1974 as Ch. 6, Art. II, Div. 2, of the 1974 Code. Amendments noted where applicable.]
There is hereby established in the town a department to be designated as the "Building Department," for the administration and enforcement of the provisions of all laws, provisions of this Code and other town ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings and structures and their appurtenances located in the town.
The Building Department shall be headed by a town official designated as the "Chief Building Inspector."
The Chief Building Inspector shall be a person who shall have had at least five years' experience as a licensed professional engineer or architect, building inspector, building contractor or supervisor of building construction.
The Chief Building Inspector shall be appointed by the Town Supervisor, with the consent of the Town Board, for a term of one year, at a compensation to be fixed by the Town Board; he shall not be removed from office except for cause after a public hearing on specific charges before the Town Board.
The Chief Building Inspector, with the consent of the Town Board, may appoint one or more building inspectors, as the need may appear, to exercise any or all of the duties of the Chief Building Inspector. The compensation of such building inspector shall be as fixed by the Town Board.
A building inspector shall be a person who has had at least three years of practical experience in the design or construction of buildings or in the design, construction or installation of plumbing, heating or electrical equipment.
The Chief Building Inspector may appoint such other employees as may be authorized from time to time by the Town Board to carry out the functions of the Building Department.
In the absence of the Chief Building Inspector or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in the Chief Building Inspector's behalf and to exercise all of the powers conferred upon him by this chapter.
No official or employee of the Building Department shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.
Except as otherwise specifically provided in this Code or by law, ordinance or regulation, the Chief Building Inspector shall administer and enforce all of the provisions of this Code and other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
The Chief Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which the applications have been received or such permits have been issued for the purpose of ensuring compliance with this Code and other laws, ordinances and regulations governing building construction.
The Chief Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such provisions of this Code and other laws, ordinances or regulations. The Chief Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
Whenever the same may be necessary or appropriate to assure compliance with the provisions of this Code or other applicable laws, ordinances or regulations covering building construction, the Chief Building Inspector 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. For the purpose of aiding the Chief Building Inspector in the exercise of his powers and the performance of his duties under this section, there is hereby delegated to the Chief Inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters, or other qualified inspection agency approved by the town, the authority to make inspections and reinspections of all electrical installations in structures, whether proposed or under construction or existing prior to the enactment hereof, and for the purpose of performing such functions such Chief Inspector and inspectors are hereby deputized as agents of the town. In the exercise of the authority so delegated, the inspectors shall, upon the request of the Chief Building Inspector, make inspections and reinspections of electrical installations, including, but without limitation, electrical wiring and electrical devices, appliances and equipment, and to report thereon to the Chief Building Inspector, in writing, expressing approval or disapproval of such installations in accordance with the requirements of all building codes, this Code, local laws, ordinances, rules or regulations applicable to structures within the town, insofar as they may pertain or apply to electrical installations. The inspectors are hereby authorized to make such inspections of electrical installations in existing structures and in buildings under construction without the request of the Chief Building Inspector where the inspector has reasonable grounds for believing electrical installations are not in conformity with the requirements of this Code or the applicable codes, local laws, ordinances and rules and regulations, and to furnish written reports thereon to the Chief Building Inspector. The inspectors are further authorized to issue certificates of compliance in the name of or on behalf of the New York Board of Fire Underwriters, or other qualified inspection agency approved by the town, or the town.
The Chief Building Inspector shall keep permanent official records of all transactions and activities of the Building Department, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records open to public inspection during business hours.
The Chief Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Department, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Chief 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 and Health Departments and of the several Fire Departments located within the town, and of all other town officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.