[Amended 6-18-2009 by L.L. No. 3-2009]
A. Title. This chapter, together with the New York State Uniform Fire
Prevention and Building Code, shall be known and cited as the "Lewisboro
Building Code."
B. Purpose. This chapter is hereby declared to be remedial and shall
be construed to secure the beneficial interests and purposes thereof,
which are the public good, safety, health and welfare, through sound
design, structural stability, adequate means of ingress and egress,
a reasonable measure of security to life and property from the hazards
of fire, provision for adequate light, heat and ventilation, proper
disposal of sewage and assurance of a potable water supply.
C. Conformance required. No building or other structure shall hereafter
be enlarged, converted, altered, repaired, changed in elevation, removed
or demolished, nor shall the equipment of any building, structure
or premises hereafter be constructed, installed, altered, repaired,
removed or demolished, except in full conformity with the provisions
of this chapter and the State Uniform Fire Prevention and Building
Code. It shall be unlawful to maintain, occupy or use any building,
premises or structure, or part thereof, that has been erected or altered
to move in violation of the provisions of this chapter and the State
Uniform Fire Prevention and Building Code or changed in use or type
of occupancy without compliance with its provisions.
D. Applicability. The provisions of this chapter apply fully to buildings
or structures whether on land or over water and to construction such
as retaining walls, swimming pools, boundary walls and fences, signs,
poles, and radio masts.
E. Outstanding
violations. No permit, certificate or approval shall be issued pursuant
to this chapter if there is an outstanding violation or unpaid fine
with regard to the property that is the subject of such application.
Notwithstanding the above, a permit, certificate or approval may be
issued to specifically address an outstanding violation or to address
an immediate hazardous condition in the interest of the health, safety
and welfare of the community. In the case of unpaid fines, no application
shall be processed until such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
BERM
A mound or bank of earth, used especially as a barrier or
to provide insulation.
[Added 6-18-2009 by L.L. No. 3-2009]
BUILDING INSPECTOR
The Town official appointed pursuant to §
92-3 of this chapter.
[Added 6-18-2009 by L.L. No. 3-2009]
BUILDING PERMIT
A permit issued pursuant to §
92-4 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.
CITY
The Town of Lewisboro.
DEER FENCE
An open mesh-type fence constructed of a plastic or metallic
threaded network or grid commonly used to protect gardens and shrubbery
from deer and other large animals.
[Added 6-18-2009 by L.L. No. 3-2009]
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
FENCE
A permanent artificially constructed barrier of any material
or combination of materials erected to enclose, screen or separate
areas. For the purposes of this chapter, the term "fence" shall not
be construed to mean a split-rail fence, deer fence, wall, berm or
hedge, as those terms are defined herein.
[Added 6-18-2009 by L.L. No. 3-2009]
HEDGE
A row of bushes or small trees planted close together.
[Added 6-18-2009 by L.L. No. 3-2009]
OPERATING PERMIT
A permit issued pursuant to §
92-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
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.
SPLIT-RAIL FENCE
A type of fence constructed out of timber logs split lengthwise
into rails.
[Added 6-18-2009 by L.L. No. 3-2009]
TOWN
The Town of Lewisboro.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
WALL
A permanent structure forming a physical barrier that is
constructed so that the vertical surface is closed. The material of
which a wall is constructed may be masonry, brick, concrete, metal,
wood or similar materials. For the purposes of this chapter, the term
"wall" shall not be construed to mean a fence, berm or hedge.
[Added 6-18-2009 by L.L. No. 3-2009]
[Amended 6-18-2009 by L.L. No. 3-2009]
A. The office of Building Inspector is hereby created, and the Building
Inspector shall be appointed by the Town Board in accordance with
the regulations of the Civil Service Law, subject to good behavior
and competent service. To be eligible for appointment, the Building
Inspector shall be informed with respect to the proper use of construction
materials and shall have practical experience in construction. The
appointee shall meet the standards for the position as established
by the Codes Division of the New York State Department of State. 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 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 and operating permits, and to include in building permits,
certificates of occupancy 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 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.
(4) To issue stop-work orders.
(5) To review and investigate complaints.
(6) To issue orders pursuant to §
92-15A, Compliance orders, of this chapter.
(8) To collect fees as set by the Town Board of this Town.
(9) To pursue administrative enforcement actions and proceedings.
(10) In consultation with this Town'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.
(11) To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
B. The Building Inspector shall be appointed by the Supervisor with
the approval of the Town Board. The Building Inspector 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, advance in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C. In the event that the Building Inspector is unable to serve as such
for any reason, an individual shall be appointed by the Town Board
to serve as Acting Building Inspector. The Building Inspector shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Building Inspector by this chapter.
D. One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Building Inspector and
to assist the Building Inspector in the exercise of the powers and
fulfillment of the duties conferred upon the Building Inspector by
this chapter. Such inspectors 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 thereunder.
E. The compensation for the Building Inspector and other inspectors
shall be fixed from time to time by the Town Board.
The chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
94 of the Code of the Town of Lewisboro, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer 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 local law, 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 Code Enforcement Officer 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 inspection;
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 §
92-15, Enforcement; penalties for offenses, of this chapter;
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.
[Amended 6-18-2009 by L.L. No. 3-2009]
A. Fees shall be in accordance with the Fee Schedule adopted by the
Town Board of the Town of Lewisboro.
B. Permits are required for bona fide nonprofit groups, such as religious,
charitable and educational organizations. Where exemptions are consistent
with provisions applicable to taxes generally, no fee is required.
C. The fact that an organization is merely nonprofit does not necessarily
exempt it from payment of fees.
The Town Board of this Town may, by resolution, authorize the
Town Supervisor of this Town to enter into an agreement, in the name
of this Town, 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.
[Added 6-18-2009 by L.L. No. 3-2009]
A. It shall be unlawful to conduct any blasting operations without having
first obtained a permit for the same from the Building Inspector.
Persons securing permits for blasting shall use the utmost care and
caution to prevent excessive shock waves or stones or debris or other
material from flying and endangering life and property. Immediately
after loading and tamping each hole, and before firing the blast,
except in the case of authorized ditching or drainage operations,
the material to be blasted shall be covered completely on all exposed
surfaces with a strong woven matting or rope or wire and timber cribbing,
held securely together by chains or steel wire cables. After the material
has been thus covered, the blast shall be fired without unnecessary
delay. All blasting shall be done by means of approved detonators.
No person shall conduct such blasting operations between 7:00 p.m.
and 7:00 a.m. nor at any time on Sunday, except in an emergency and
then only under authority of a special approval issued by the Building
Inspector. The blasting of material contiguous to any building or
other structure or pipeline shall be conducted so as not to cause
any damage thereto. All blasting shall be under the direct supervision
of persons approved and licensed by New York State.
B. The Building Inspector shall not issue a permit for blasting unless
the applicant has filed with the Building Inspector a certificate
of insurance evidencing comprehensive general liability insurance
on an occurrence basis insuring against bodily injury and property
damage in the amount of at least $1,000,000 by an insurance carrier
licensed by the Insurance Department of the State of New York, said
certificate to include the Town of Lewisboro as an additional named
insured. The applicant shall also file evidence of payment of the
premium for said insurance coverage.
[Added 6-18-2009 by L.L. No. 3-2009]
It shall be unlawful to start any work under a permit issued
pursuant to the provisions of this chapter until the prescribed fees
for the same shall have been paid and before the full name and correct
address of the owner has been filed. The fee to be charged for a building
permit shall be based upon the estimated cost of the work and materials
for the new building or other structure to be erected or of the repairs,
alterations or additions to an existing building or other structure,
and shall include the costs of all mechanical equipment, plumbing,
heating, air conditioning, electrical work, water supply, sewerage
and sewage disposal plants appurtenant thereto and the cost of excavation,
filling and grading and shall include the value of all labor. In the
event of an appreciable discrepancy between the estimate cost and
the actual construction costs, the latter shall apply, and the amount
of fee charges shall be adjusted when a certificate of occupancy is
issued.
[Added 6-18-2009 by L.L. No. 3-2009]
It shall be unlawful to reduce or diminish the area of a lot
or plot, a diagram of which has been filed and used as the basis for
a permit, unless a new or revised plot diagram clearly showing all
new boundary lines and existing structures and the proposed changes
in all conditions shall have been filed and formally approved by the
Planning Board; provided, however, that this shall not apply when
the lot area or plot is reduced by reason of a street extension or
widening or other public improvement.
[Added 6-18-2009 by L.L. No. 3-2009]
All other laws, ordinances, resolutions and regulations, or
parts of laws, ordinances, resolutions and regulations, less restrictive
in their provisions or otherwise in conflict or in duplication of
the provisions of this chapter are hereby superseded.