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 the Town of Lloyd. 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 of the Town Code.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING DEPARTMENT DIRECTOR
The appointee of the Town Board authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to this chapter is in compliance with the requirements of this chapter and Chapter
100, Zoning, and other chapters of the Town Code.
[Added 9-10-2008 by L.L. No. 3-2008]
BUILDING PERMIT
A permit issued pursuant to §
42-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
42-3B of this chapter and/or the Building Inspector or Zoning Inspector, as set forth in other sections of this Code, or state law, as determined by the Town Board.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to §
42-15A of this chapter or other chapters of the Town Code.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to §
42-3D of this chapter or any other chapter of this Code.
OPERATING PERMIT
A permit issued pursuant to §
42-10 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
Shall include 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.
STOP-WORK ORDER
An order issued pursuant to §
42-6 of this chapter or any other chapter of this Code.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Amended 9-10-2008 by L.L. No. 3-2008]
A. Building Department Director. The office of Building
Department Director is hereby created.
(1) The Building Department Director shall administer and enforce the provisions of the New York State Uniform Code, the Energy Code, this chapter of the Town Code, and all other chapters of the Town Code, including Chapter
100, Zoning.
(2) The Building Department Director shall be a Code Enforcement Officer, as set forth herein, and have such powers and duties as are granted to a Code Enforcement Officer in the Town of Lloyd, along with the additional duty of making determinations exclusively, being authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to state and federal law and Town Code Chapters
42 and
100 is in compliance with the requirements of said law and Town Code chapters. Such determinations shall only be reviewable by the Town of Lloyd Zoning Board of Appeals, and the determination of the Zoning Board of Appeals shall not be further reviewed, except as otherwise provided by law.
(3) No application of any nature required to be submitted pursuant to the provisions of this chapter and Chapter
100 shall be granted by any Town official without first obtaining a written verification from the Building Department Director that the proposed use described in said application is permitted in the zoning district where it is proposed to be located or developed and the proposal otherwise appears to be in compliance with the provisions of this chapter and Chapter
100, along with other chapters of the Town Code.
B. Code Enforcement Officers and inspectors. The office of Code Enforcement Officer is hereby created. A Code Enforcement Officer shall administer and enforce all of the provisions of the Uniform Code, the Energy Code, this chapter of the Town Code, Chapter
100 of the Town Code, and any other chapters of the Town Code applicable. The Code Enforcement Officer shall have the following powers and duties under this chapter of the Town Code but may have others under other chapters of the Town Code or federal or state law. After the Building Department Director's initial review, the Code Enforcement Officers in the Town Building Department shall be authorized to do the following:
(1) To receive, review, and determine conformance with
the existing codes of the Town of Lloyd for applications for subdivisions
and site plans, along with construction. Upon approval of conformity
of plans, the Building Department will transmit the application to
the appropriate board for review. If any plans are denied for nonconformity,
the Building Department will, upon the applicant's request, refer
the application to the Zoning Board of Appeals for review of the denial;
(2) To receive, review and approve or disapprove applications
for building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(3) Upon approval of such applications, to issue building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(4) To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy/certificates
of compliance, 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;
(5) To issue stop-work orders;
(6) To review and investigate complaints;
(7) To issue orders pursuant to §
42-15A, Compliance orders, of this chapter or other chapters of the Town Code;
(9) To collect fees as set by the Town Board of this Town;
(10) To pursue administrative enforcement actions and proceedings;
(11) To enforce the Town's Zoning Law in Chapter
100 of the Town Code;
(12) 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, Chapter
100, Zoning, and this chapter of the Town Code, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, the Zoning Code, or this chapter; and
(13) To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter
of the Town Code and any other chapter of the Town Code or state or
federal law.
C. Code Enforcement Officers shall be appointed by resolution
of the Town Board. A Code Enforcement Officer shall possess background
experience related to zoning, 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 the Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
D. In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by resolution of the Town Board to serve as Acting Code Enforcement
Officer. The Acting Code Enforcement Officer shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this chapter.
E. One or more inspectors may be appointed by resolution
of the Town Board to act under the supervision and direction of the
Code Enforcement Officer and to assist the Code Enforcement Officer
in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this chapter. Each inspector
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.
F. The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of this Town.
[Added 9-10-2008 by L.L. No. 3-2008]
A. Zoning regulations and zoning districts are approved
by the Town Board and established by other local laws. No building
or land shall be used or developed and no building shall be erected,
constructed, structurally altered, or demolished, except in conformity
with the regulations herein prescribed in this chapter and other chapters
of the Town Code.
B. The Building Department Director or his designee is
hereby exclusively authorized and directed to make the initial determination
as to whether a proposal delineated in a particular application submitted
pursuant to this chapter is in compliance with the requirements of
said chapter. Such determination shall only be reviewable by the Town
of Lloyd Zoning Board of Appeals, and the determination of the Zoning
Board of Appeals shall not be further reviewed, except as otherwise
provided by law.
C. No application of any nature required to be submitted
pursuant to the provisions of this chapter shall be granted by any
Town official without first obtaining a written verification from
the Building Department Director that the proposed use described in
said application is permitted in the zoning district where it is proposed
to be located or developed and that the proposal otherwise appears
to be in compliance with the provisions of this chapter.
D. An application for zoning verification shall include
but not be limited to the following:
(1) A description of the permits and/or approvals being
applied for.
(2) A narrative description of the proposed use and project.
(3) A clear proposed plot plan with all buildings and
structures shown (both existing and proposed), showing dimensions
of all buildings and structures and the property and building setbacks,
proposed building heights, building floor elevations, road frontages
on public highways and paper streets, zoning district boundaries within
500 feet of the subject property, and existing and proposed property
lines.
(4) Identifying street address for the proposed project
and the Tax Map number(s) and section, block and lot information for
the subject property.
(5) Identification of prior variance history, type, specifics,
dates granted, etc.
(6) Identification of prior Planning Board approval history,
subdivision type, date, etc., site plan approval of project dates,
etc.
(7) Such other information as the Building Department
Director may deem reasonably necessary to make his determination.
E. After the Building Department Director has determined
that a proposed use is permitted within the subject zoning district,
said determination shall be transmitted to the appropriate Town officials,
who may then further process the subject application(s). If, as the
subject progresses through the approval process, compliance with any
other requirements of this chapter is identified as an issue(s), the
Building Department Director shall also determine such issue(s) of
compliance with the provisions of this chapter, and such issues must
be resolved before the application(s) being applied for may be granted
by any Town official.
F. Any determination with respect to a particular application's
compliance or noncompliance with the provisions of this chapter made
by the Building Department Director shall be reviewable by the Zoning
Board of Appeals, and the determination of the Zoning Board of Appeals
shall not be further reviewed unless otherwise provided by law.
The chief or his deputies of any fire department
and police department providing fire-fighting or police 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, or any other emergency
involving the Uniform Fire Prevention and Building Code or Energy
Code.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
44 of the Town Code, 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 chapter of the Town Code 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 §
42-15 (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.
A fee schedule shall be established by resolution
of the Town Board of this Town. Such fee schedule may thereafter be
amended from time to time by like resolution. The fees set forth in,
or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, certificates of occupancy, certificates of compliance,
temporary certificates, operating permits, firesafety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the 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.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter of the Town Code.