[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 2-22-1982 by L.L. No. 1-1982; amended
in its entirety 4-25-1988 by L.L. No. 1-1988.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Village of Sylvan Beach Local Law
for Administration and Enforcement of the New York State Uniform Fire Prevention
and Building Code."
This chapter shall provide the method of administration and enforcement
of the New York State Uniform Fire Prevention and Building Code in the Village
of Sylvan Beach and shall establish powers, duties and responsibilities in
connection therewith.
Interpretation and application of the provisions of this chapter shall
be held to be minimal requirements adopted for the promotion of the public
health, safety and general welfare.
A.
The Village Board of the Village of Sylvan Beach hereby
establishes the position of Fire Code Enforcement Officer to administer and
enforce the New York State Uniform Fire Prevention and Building Code within
the Village of Sylvan Beach. The individual appointed to fill the position
will be so appointed by resolution of the Board.
B.
The Fire Code Enforcement Officer shall be considered
to be an official of the village unless otherwise specified in a separate
contractual agreement.
C.
The Fire Code Enforcement Officer shall:
(1)
Inspect buildings and premises for compliance with the
code.
(2)
Maintain records of each permit, inspection, inspection
finding and decisions of appeals.
(3)
Appear at appeals hearings.
(4)
Issue, deny and revoke permits and certificates of inspection.
(5)
Issue written orders to remedy violations.
All buildings and premises to which the State Uniform Fire Prevention
and Building Code applies shall be periodically inspected for compliance with
the provisions of such code, except that owner-occupied and one- and two-family
dwellings shall not be subject to regular, periodic inspections; provided,
however, that this shall not be a limitation on inspections conducted at the
invitation of the owner or where conditions on the premises threaten or present
a hazard to public health, safety or welfare or the inspector has reason to
believe a hazardous condition exists.
All newly constructed and substantially rehabilitated dwellings or structures
undergoing a change in use to which the New York State Uniform Fire Prevention
and Building Code applies shall be inspected for compliance with the provisions
of such code and issued a permit by the Fire Code Enforcement Officer when
compliance is assured. [NOTE: A substantially rehabilitated dwelling or structure
is one in which the cost of rehabilitation or renovation meets or exceeds
50% of the total market value of that dwelling or structure.]
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the State Uniform Fire Prevention
and Building Code or this chapter shall comply with all the provisions of
the State Uniform Fire Prevention and Building Code, this chapter and all
orders, notices, rules, regulations or determinations issued in connection
therewith.
B.
Whenever the Fire Code Enforcement Officer finds that
there has been a violation of the State Uniform Fire Prevention and Building
Code, this chapter or any rule or regulation adopted pursuant to this chapter,
a violation order shall be issued to the person or persons responsible by
the Fire Code Enforcement Officer.
C.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial action
to be taken, shall provide a reasonable time limit for compliance and shall
state the time within which an appeal may be taken.
D.
Violation orders may be served by personal service, by
mailing by registered or certified mail or by posting a copy thereof in a
conspicuous place on the premises and by mailing a copy thereof to the premises
on the same day as posted enclosed in a postpaid wrapper addressed to the
person responsible.
E.
In case the owner, lessor, occupant or the agent of any
of them shall fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order or refuse access to the building
and premises by the Fire Code Enforcement Officer, a request to take appropriate
legal action shall be made to the Village Board of the Village of Sylvan Beach.
A.
Failure to comply with any provision of the State Uniform
Fire Prevention and Building Code, this chapter, rules or regulations adopted
pursuant to this chapter or a violation order shall be deemed a violation,
and the violator shall be liable for a fine of not less than $200 or imprisonment
not to exceed 30 days, or both, and each day such violation continues shall
constitute a separate violation.
B.
An action or proceeding in the name of the Village of
Sylvan Beach may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision of
the State Uniform Fire Prevention and Building Code, this chapter, a rule
or regulation adopted pursuant to this chapter or a violation order or to
vacate the occupancy or building in the cases of imminent danger to life or
property. Such remedy shall be in addition to penalties otherwise prescribed
by law.
Pursuant to § 395 of the Executive Law, the Village Board
of the Village of Sylvan Beach is hereby established as the board of review
for the purpose of granting variances where enforcement of any provision or
requirement of the State Uniform Fire Prevention and Building Code results
in practical difficulties or unnecessary hardships. Any such variance shall
be consistent with the spirit of the code and shall not be inconsistent with
§ 391, Subdivision 2, of the Executive Law.
A.
Any owner or authorized representative of buildings or
premises affected by the State Uniform Fire Prevention and Building Code or
this chapter may appeal to the board of review:
B.
An appeal to the board of review shall be made on a written
form. The form shall contain a written statement of the grounds asserted by
the owner or authorized representative for reversing the determination of
the Fire Code Enforcement Officer or varying the requirements of the code.
C.
The board of review shall consider such appeal in accordance
with the procedures established for this purpose as set forth in this chapter.
