[HISTORY: Adopted by the Town Board of the
Town of Clinton at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
This chapter shall provide for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Town of Clinton. This chapter
is adopted pursuant to § 10 of Article 2 of the Municipal
Home Rule Law. Except as otherwise provided within this chapter, state
law, or within the Uniform Code, all premises, regardless of use,
are subject to the provisions which follow.
The Town Board may, by resolution, authorize
the Supervisor to enter into a contract with other governments to
carry out the terms of this chapter.
A.
The office of Building Inspector is hereby created
and shall be filled by an appointment of the Town Board. The Building
Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time constraints
proscribed by law, obtain such training as the State of New York shall
require for building inspection personnel.
B.
In the absence of the 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 on behalf of the Building Inspector and to exercise
all the powers conferred upon him by this chapter.
C.
The Town Supervisor, with the approval of the Town
Board, may appoint one inspector or more, as the need may appear,
to act under the supervision and direction of the Building Inspector
and to exercise any portion of the powers and duties of the Building
Inspector as directed by him.
D.
The compensation for the Building Inspector, acting
Building Inspector and inspectors shall be fixed and adjusted as needed
by the Town Board.
E.
The Building Inspector shall administer and enforce
all the provisions of the Uniform Code and the provisions of this
chapter, including receiving building permit applications, reviewing
plans and specifications, conducting inspections, issuing permits
for the erection, alteration, relocation, addition, repair and/or
demolition of buildings and structures, issuing certificates of occupancy,
collecting fees as set forth by the Town Board and maintaining and
filing all records necessary for the administration of the office
to the satisfaction of the Town Board. The Zoning Administrator is
authorized to pursue administrative actions and, in consultation with
the Building Inspector and the Town Attorney, legal action as necessary
to abate conditions not in compliance with the New York State Uniform
Fire Prevention and Building Code, this chapter, or other laws, rules
or regulations of the Town of Clinton or of the State of New York.
A.
Permits required.
(1)
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement,
alteration, improvement, removal, relocation or demolition of any
building or structure or any portion thereof, or install a solid fuel
burning heating appliance, chimney or flue in any dwelling unit, without
first having obtained a permit from the Building Inspector.
(2)
No permit shall be required for:
(a)
Necessary repairs which do not materially affect
structural features;
(b)
Alterations to existing buildings, provided
that the alterations:
[1]
Do not materially affect structural features;
[2]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
[3]
Do not involve the installation or extension
of electrical systems; and
[4]
Do not include the installation of solid fuel
burning heating appliances and associated chimneys and flues.
(c)
One accessory building with a maximum floor area of 120 square feet (see § 250-22B for details); and
(d)
Nonresidential farm buildings, including barns,
sheds, poultry houses and other buildings used directly and solely
for agricultural purposes.
B.
Application for a permit.
(1)
The application for a building permit, and its accompanying
documents, shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code. The application is available on the Town Web site (www.TownofClinton.com)
and in the Building Department office.
(2)
The form of the permit and application therefor shall
be prescribed by the Building Inspector. The application shall be
signed by the owner (or his authorized agent) of the building and
shall contain at least the following:
(a)
Full name and address of the owner and if by
a corporation, the name and addresses of the responsible officials;
(b)
Identification and/or description of the land
on which the work is to be done;
(c)
Description of use or occupancy of the land
and existing or proposed building;
(d)
Description of the proposed work;
(e)
Three sets of plans and specifications for the
proposed work;
(g)
A certificate of liability insurance naming
the Town of Clinton as additional insured;
(h)
Proof of worker's compensation and disability
benefits.
(3)
The Building Inspector may waive the requirement of
plans and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
(4)
The applicant shall notify the Building Inspector
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work has been determined to conform to the requirements of
the Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein. Amendments, if any, to the
application or to the plans and specifications accompanying the same
shall be filed with the Building Inspector and approval shall be received
from the Building Inspector prior to the commencement of such change
of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
(2)
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
(3)
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive one-year periods, provided that:
A fee schedule shall be established, and changed
as needed, by resolution of the Town Board. Such fees may be charged
for the issuance of permits, certificates of occupancy, temporary
certificates of occupancy, and for firesafety inspections.
A.
No building erected subject to the New York State
Uniform Fire Prevention and Building Code shall be used or occupied,
except to the extent authorized hereunder, until a certificate of
occupancy has been issued. No building similarly enlarged, extended,
or altered, or upon which work has been performed which requires the
issuance of a building permit shall be occupied or used more than
30 days after the completion of the alteration or work unless a certificate
of occupancy has been issued. No change shall be made in the nature
of the occupancy of an existing building unless a certificate of occupancy
authorizing the change has been issued. The owner or his agent shall
make application for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if so specified. A temporary certificate of occupancy may, at the
discretion of the Building Inspector and upon payment of an additional
fee as specified for a temporary certificate of occupancy, be renewed.
The Building Inspector may place special conditions on temporary certificates
of occupancy as necessary to ensure safety and to protect the interest
of the Town.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing,
and heating and air conditioning. It shall be the responsibility of
the owner, applicant, or his agent to inform the inspector that the
work is ready for inspection and to schedule such inspection.
(2)
Work which requires special inspections during construction
shall be the responsibility of the owner, applicant, or his agent
to provide a list, at his or her expense. A statement of the special
inspections, including a complete list of materials and work requiring
such inspections, and a list of the individuals and approved agencies
shall be provided to the Building Inspector for the permit application
file. The reports of such special inspections shall be provided to
the Building Inspector for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the Town Board, after being notified by the inspector
of the situation, may apply to any court of competent jurisdiction
for an order to make an inspection.
B.
Fire inspection and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc. and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Firesafety inspections of buildings or structures
having areas of public assembly, defined as “all buildings or
portions of buildings used for gathering together 50 or more persons
for amusement, athletic, civic, dining, educational, entertainment,
patriotic, political, recreational, religious, social, or similar
purposes, the entire fire area of which they are a part, and the means
of egress therefrom” shall be performed at least once in every
12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
A.
Upon determination that a violation of the Uniform
Code or this chapter exists in, on, or about any building or premises,
the Zoning Administrator shall order in writing the remedying of the
condition. Such order shall state the specific provision of the Uniform
Code which the particular condition violates and shall grant such
time as may be reasonably necessary for achieving compliance before
proceedings to compel compliance shall be instituted. Such order shall
be served personally or by notification by certified mail.
B.
In addition to those penalties proscribed by state law, any person, firm or corporation who or which violates any provision of the Uniform Code or any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Building Inspector shall be liable to a violation zoning, punishable as set forth in Chapter 137, Fees and Penalties, for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town Board on its own initiative or at the request of the Zoning Administrator.
C.
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Building Inspector.
Whenever the Building Inspector has reason to
believe that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinances,
rules or regulations, or not in conformity with the provisions of
an application, or in an unsafe and dangerous manner, he shall notify
the owner of the property, or the owner’s agent, to suspend
all work and suspend all building activities until the stop-work order
has been rescinded. Such order and notice shall appear 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 where the work is being performed and sending a copy
of the same to him by certified mail at the address set forth in the
application for the permission of the construction of such building.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him with the consent of the Town Board,
and notices and orders issued. All such records shall be public records
open for public inspection during normal business hours. All plans
and records pertaining to buildings or structures, or appurtenances
thereto, shall be retained for at least the minimum time period so
required by state law and regulation.
B.
The Building Inspector shall annually submit to the
Town Board a written report and summary of all business conducted
by his office, including approvals, permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made, and appeals or litigation pending or concluded.
