[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 7-11-1967.
Amendments noted where applicable.]
[Added 6-14-1988 by L.L. No. 1-1988]
This chapter shall apply to fire prevention and building construction
administration in the Village of Waverly.
There is hereby designated in the Village of Waverly a public official
to be known as the "Superintendent of Buildings," who shall be appointed by
the Village Board at a compensation to be fixed by it.
The Village Board may appoint one or more building inspectors, as the
need may appear, to act under the supervision of the Superintendent of Buildings
and to exercise any portion of his powers and duties. The compensation of
such building inspectors shall be fixed by the Village Board.
In the absence of the Superintendent of Buildings or in the case of
his inability to act for any reason, the Mayor shall have the power, with
the consent of the Village Board, to designate a person to act in his behalf
and to exercise all of the powers conferred upon him by this chapter.
No officer or employee of the Building Department shall engage in any
activity inconsistent with his duties or with the interests of the Building
Department; nor shall be, during the term of his employment, be engaged directly
or indirectly in any building business, in the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a building
or the preparation of plans or specifications thereof within the Village of
Waverly, except only that this provision shall not prohibit any employee from
such activities in connection with the construction of a building or structure
owned by him and not constructed for sale.
A.
Except as otherwise specifically provided by law, ordinance
or regulation or except as herein otherwise provided, the Superintendent of
Buildings shall administer and enforce all of the provisions of laws, ordinances
and regulations applicable to fire prevention and 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.[1]
B.
He 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 such applications have
been received or such permits have been issued for the purpose of ensuring
compliance with laws, ordinances and regulations governing fire prevention
and building construction.[2]
C.
He 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 laws, ordinances or regulations. He 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 applicable laws, ordinances or regulations
covering fire prevention and building construction, he 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.[3]
A.
The Superintendent of Buildings shall keep permanent
official records of all transactions and activities conducted by him, 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 Superintendent of Buildings shall annually submit
to the Village Board a written report and summary of all business conducted
by the Superintendent of Buildings, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests made
and appeals or litigation pending.
The Superintendent of Buildings may request and shall receive, so far
as may be necessary in the discharge of his duties, the assistance and cooperation
of the Police, Fire and Health Departments or officers and of all other municipal
officials exercising any jurisdiction over fire prevention and the construction,
use or occupancy of buildings or the installation of equipment therein.
A.
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvement, demolition, conversion
or change in the nature of the occupancy of any building or structure, including
a swimming pool, or cause the same to be done, without first obtaining a separate
building permit from the Superintendent of Buildings for each such building
or structure, except that no building permit shall be required for the performance
of ordinary repairs which are not structural in nature. No building permit
shall be required for the construction of sidewalks and nonroofed patios.
B.
Application for building permit.
(1)
Application for a building permit shall be made to the
Superintendent of Buildings on forms provided by him and shall contain the
following information:
(a)
A description of the land on which the proposed work
is to be done.
(b)
A statement of the use or occupancy of all parts of the
land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant
and the names and addresses of their responsible officers if any of them are
corporations.
(e)
A brief description of the nature of the proposed work.
(2)
Applications shall be made by the property owner or the lessee. In the event that the work to be performed is to be performed by a builder, contractor or other person who is not the owner or lessee of the property, it shall be the responsibility of such builder, contractor or other person to obtain a building permit prior to the commencement of any work on the building. The failure of the owner or lessee to apply for and obtain a building permit prior to the commencement of any work on the building shall subject the owner or lessee to the penalty provision contained in § 75-21 of this chapter. In the event that the work to be performed is to be performed by a builder, contractor or other person who is not the owner or lessee of the property, the failure of such person to apply for and obtain a building permit prior to the commencement of any work on the building shall subject such builder, contractor or person to the penalty provision contained in § 75-21 of this chapter.
[Amended 2-11-1986 by L.L. No. 1-1986]
C.
Additional information required.
(1)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot plan, drawn
to scale, showing the location and size of all proposed new construction and
all existing structures on the site, the nature and character of the work
to be performed and the materials to be incorporated, the distance from the
lot lines, the relationship of structures on adjoining property, widths and
grades of adjoining streets, walks and alleys and, where required by the Superintendent
of Buildings, details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data.
(2)
Plans and specifications shall bear the signature of
the person responsible for the design and drawings.
(3)
The Superintendent of Buildings may waive the requirement
for filing plans.
D.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion of
the work, subject to the approval of the Superintendent of Buildings.
A.
The Superintendent of Buildings shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the application
within a reasonable time.
B.
Upon approval of the application and upon receipt of
the legal fees therefor, he shall issue a building permit to the applicant
upon the form prescribed by him and shall affix his signature or cause his
signature to be affixed thereto.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved," One set of
such approved plans and specifications shall be retained in the files of the
Superintendent of Buildings, and the other set shall be returned to the applicant
together with the building permit. The building permit shall be posted at
the construction site in such a manner as to be visible from the street upon
which the building is located.
[Amended 2-11-1986 by L.L. No. 1-1986]
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the building official shall disapprove the same and shall return the plans
and specifications to the applicant. Upon the request of the applicant, the
Superintendent of Buildings shall cause such refusal, together with the reasons
therefor, to be transmitted to the applicant in writing.
A.
A building permit shall be effective to authorize the
commencing of work in accordance with the application, plans and specifications
on which it is based for a period of six months after the date of its issuance.
For good cause, the Superintendent of Buildings may allow a maximum of two
extensions for periods not exceeding three months each.
B.
The issuance of a building permit shall constitute authority
to the applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building laws,
ordinances or regulations. All work shall conform to the approved application,
plans and specifications.
A.
Upon the filing of an application for a building permit,
fees for demolition, building permits and structural repairs, as set forth
from time to time by resolution of the Board of Trustees, shall be payable.[1]
B.
The fee charged for the building permit shall cover the
issuance of a certificate of occupancy, for which there shall be no separate
charge.
The Superintendent of Buildings may revoke a building permit theretofore
issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where he finds that the building permit was issued in
error and should not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the Superintendent
of Buildings.
Whenever the Superintendent of Buildings has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation of
the provisions of the applicable building laws, ordinances or regulations
or not in conformity with the provisions of an application, plans or specifications
on the basis of which a building permit was issued or in an unsafe and dangerous
manner, he shall notify the owner of the property or the owner's agent
or the person performing the work to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities until the
stop order has been rescinded. Such order and notice shall be in writing,
shall state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building under
construction and sending a copy of the same by registered mail.
Any building official, upon the showing of proper credentials and in
the discharge of his duties, may enter upon any building, structure or premises
at any reasonable hour, and no person shall interfere with or prevent such
entry.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been issued
by the Superintendent of Buildings.
B.
No building hereafter enlarged, extended or altered or
upon which work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days after the
completion of the alteration or work unless a certificate of occupancy shall
have been issued by the Superintendent of Buildings.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing such
change shall have been issued by the Superintendent of Buildings.
D.
The owner or his agent shall make application for a certificate
of occupancy. Accompanying this application and before the issuance of a certificate
of occupancy, there shall be filed with the Superintendent of Buildings an
affidavit of the registered architect or licensed professional engineer who
filed the original plans or of the registered architect or licensed professional
engineer who supervised the construction of the work or of the superintendent
of construction who supervised the work and who, by reason of his experience,
is qualified to superintend the work for which the certificate of occupancy
is sought. This affidavit shall state that the depondent has examined the
approved plans of the structure for which a certificate of occupancy is sought,
that the structure has been erected in accordance with approved plans and,
as erected, complies with the law governing building construction, except
insofar as variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit.
A.
Before issuing a certificate of occupancy, the Superintendent
of Buildings shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit to
construct, enlarge, alter, repair, remove, demolish or change the use or occupancy;
and he may conduct such inspections as he deems appropriate from time to time
during and upon completion of the work for which a building permit has been
issued.
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections, together with a record
of findings of violations of the law.
A.
When, after final inspection, it is found that the proposed
work has been completed in accordance with the applicable building laws, ordinances
and regulations and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit, the Superintendent
of Buildings shall issue a certificate of occupancy upon the form provided
by him. If it is found that the proposed work has not been properly completed,
the Superintendent of Buildings shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building permit
and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where appropriate,
within 30 days after application therefor is made. Failure to act upon such
application within 30 days shall constitute approval of such application,
and the building or portion thereof may thereafter be occupied as though a
certificate of occupancy had been issued.
C.
The certificate of occupancy shall certify that the work
has been completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable building laws, ordinances and regulations
and shall specify the use or uses and the extent thereof to which the building
or structure or its several parts may be put.
Upon request, the Superintendent of Buildings may issue a temporary
certificate of occupancy for a building or structure, or part thereof, before
the entire work covered by the building permit shall have been completed,
provided that such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements of
the applicable fire prevention and building laws, ordinances or regulations,
the Superintendent of Buildings may require the same to be subjected to tests
in order to furnish proof of such compliance.[2]
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation of any
provisions of this chapter or to fail in any manner to comply with a notice,
directive or order of the Superintendent of Buildings or to construct, alter
or use and occupy any building or structure or part thereof in a manner not
permitted by an approved building permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written order
of the Superintendent of Buildings within the time fixed for compliance therewith,
any owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or assisting
in the construction or use of any building who shall knowingly violate any
of the applicable provisions of this chapter or any lawful order, notice,
directive, permit or certificate of the Superintendent of Buildings made thereunder
shall be punishable by a fine of not more than $1,000 or by imprisonment for
a term not to exceed one-year, or both. Each day that a violation continues
shall be deemed a separate offense.
[Amended 6-14-1988 by L.L. No. 1-1988]
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor shall
not be deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility as
a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations of the provisions
of the State Uniform Fire Prevention and Building Code punishable under § 382
of the Executive Law of the State of New York nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of the Multiple
Residence Law of the State of New York.
[Amended 6-14-1988 by L.L. No. 1-1988]
Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises, and these
remedies shall be in addition to the penalties prescribed in the preceding
section.
[Added 1-13-1998 by L.L. No. 1-1998]
The Treasurer of the Village of Waverly is hereby authorized to file
a notice of intention to claim against insurance proceeds with the State Superintendent
of Insurance for any fire-damaged buildings within the Village of Waverly.
[Added 1-13-1998 by L.L. No. 1-1998]
The Treasurer of the Village of Waverly is hereby authorized to return to an insured any fire insurance proceeds received by the village under § 75-23 above where the insured agrees in writing to restore the affected premises to the same or an improved condition as the premises existed prior to the filing of the lien with the State Superintendent of Insurance. The proceeds shall be held in escrow by the Village of Waverly pending completion of the work on the affected premises. Proceeds withheld under the preceding section may also be used for the demolition and removal of any buildings which are so extensively damaged that repair of the building is impractical.
