[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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
A.
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.
B.
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.
