This chapter shall be enforced by a Building
Inspector and Assistant Building Inspectors, Code Enforcement Officers
or Fire Inspectors, as the Town Board may appoint and deem necessary,
hereinafter collectively referred to throughout this chapter and otherwise
in the Code of the Town of Ramapo as the "Building Inspector." It
shall be the duty of the Building Inspector and he is hereby empowered
to:
A.
Inspect any building, structure or land to determine whether any violation of this chapter, the New York State Uniform Fire Prevention and Building Code, Chapter 144, Fire Prevention, of the Code of the Town of Ramapo, or such other laws, rules and regulations as he shall be chargeable with inspection or enforcement of, has been committed or exist, whether or not such building, structure or land is occupied, whether such occupancy is in conformity with all of the applicable laws, rules and regulations, whether or not a certificate of occupancy or use has been issued, whether or not occupancy is in conformity with the aforesaid certificates or such other certificates as the Building Inspector shall issue; and otherwise generally inspect and enforce all of the laws, rules and regulations relating or affecting lots, buildings or structures and their use and occupancy and have all of the powers provided for under § 138 of the Town Law of the State of New York.
B.
Issue such permits and certificates in conformity
with the laws, rules and regulations of the State of New York and
of this chapter and refuse to issue the same in the event of noncompliance,
which reason therefore shall be endorsed on the application and notice
thereof given to the applicant, as is provided in this chapter.
C.
Keep the Town Board advised of all matters, as the
Town Board shall determine, relating to the enforcement of this chapter
and the appropriate laws, rules and regulations, make and keep all
records necessary and appropriate to the office, including the issuance
and denial of building permits, certificates of occupancy and/or uses,
of formal complaints of violation and the action taken on the same;
and keep a record of all permits, certificates of occupancy and use
issued that shall be available for public inspection.
D.
Issue and post notices of violations, stop orders,
orders directing the remedying of any condition or omission that is
or creates a violation of this chapter or other applicable laws, rules
and regulations and revoke building permits, certificates of occupancy
and certificates of use.
E.
Make such inspections and reports as shall be required
by the Town Board for the enforcement, amendment or addition to this
chapter or of any section of the Code of the Town of Ramapo or rules
and regulations thereunder.
F.
Apply to the Town Board for authorization to perform
such other actions or duties as may be necessary or required to enforce
any authority or to invoke any penalty for the violation of this chapter
and the Code of the Town of Ramapo and its rules and regulations.
G.
Have the power, right and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York for the violation of any section of this
chapter or for any order of the Building Inspector.
H.
Order to remedy.
[Added 11-10-2016 by L.L.
No. 4-2016]
(1)
The Building Inspector is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about
any building, structure or premises in violation of the New York State
Uniform Fire Prevention Code, the State Energy Conservation Construction
Code and the Town of Ramapo Zoning Law. The time within which a person
or entity served with an order to remedy is required to comply with
such order to remedy is fixed at 30 days following the date of such
order to remedy. An order to remedy shall include a statement substantially
similar to the following: "The person or entity served with this order
to remedy must completely remedy each violation described in this
order to remedy by __________ (specify date), which is 30 days after
the date of this order to remedy." The order to remedy shall be served
personally or by certified or registered mail within five days of
the date of the order.
(2)
Service. An order to remedy shall be served personally or by
certified or registered mail within five days of the date of the order.
For purposes of this section:
(a)
If an order to remedy is served personally by any authorized
means that requires more than one action by the person effecting service
[such as service by "delivery and mail," similar to that authorized
by CPLR 308(2)], the order to remedy shall be deemed to be served
on the date on which the last required action is taken; and
(b)
An order to remedy served by certified or registered mail shall
be deemed to be served on the date it is mailed.
(3)
Requiring immediate commencement of corrective action. Nothing
in this section shall be construed as prohibiting such order to remedy
from including provisions ordering the person or entity served with
such order to remedy:
(a)
To begin to remedy the violations described in the order to
remedy immediately, or within some other specified period of time
which may be less than 30 days; to continue diligently to remedy such
violations until each such violation is fully remedied; and, in any
event, to complete the remedying of all such violations within 30
days of the date of such order to remedy; and/or
(b)
To take such other protective actions (such as vacating the
building or barricading the area where the violations exist) which
are authorized by the code enforcement program of the Town or by any
other applicable statute, regulation, rule, local law, or ordinance,
and which the Town may deem appropriate, during the period while such
violations are being remedied.
I.
Complaints. The Building Inspector shall, within a reasonable time,
review and investigate complaints which allege or assert the existence
of conditions or activities that fail to comply with the New York
State Uniform Fire Prevention and Building Code, the Energy Conservation
Construction Code, the Zoning Law, or any other local law or regulation
adopted for administration and enforcement of the New York State Uniform
Fire Prevention and Building Code or the State Energy Conservation
Construction Code. The process for responding to a complaint shall
include such of the following steps as the Building Inspector may
deem to be appropriate:
[Added 11-10-2016 by L.L.
No. 4-2016]
(1)
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
(2)
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;
(3)
If appropriate, issuing a stop-work order;
(4)
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.
J.
Recordkeeping.
[Added 11-10-2016 by L.L.
No. 4-2016]
(1)
The Building Inspector shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(a)
All applications received, reviewed and approved or denied;
(b)
All plans, specifications and construction documents approved;
(c)
All building permits, certificates of occupancy, certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued.
(d)
All inspections and tests performed;
(e)
All statements and reports issued;
(f)
All complaints received;
(g)
All investigations conducted;
(h)
All other features and activities specified in or contemplated
by this chapter; and
(i)
All fees charged and collected,
(2)
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 as required by state law and
regulation.
[Amended 11-10-2016 by L.L. No. 4-2016]
The New York State Uniform Fire Prevention and Building Code
and the State Energy Conservation Construction Code are hereby adopted
and recognized as the official Building Construction Codes of the
Town for purposes set forth therein and as it may be amended from
time to time.
[Amended 11-10-2016 by L.L. No. 4-2016]
No building permit, certificate of occupancy or certificate
of use shall be issued unless the proposed construction or use is
in conformance with all provisions of this chapter, the New York State
Uniform Fire Prevention and Building Code, the State Energy Conservation
Construction Code and other applicable laws.
Any person who shall violate any order of the
Building Inspector, issued under this chapter, shall be deemed to
have violated this chapter.
A building permit is required for:
A.
The construction, reconstruction, moving, demolition,
structural alteration or change in the use of a building or a structure.
B.
Any change in the bulk of a building, structure, or nonbuilding use,
but not including ordinary repairs, provided that such repairs do
not involve:
[Amended 11-10-2016 by L.L. No. 4-2016]
(1)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(2)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(3)
The enlargement, alteration, replacement or relocation of any
building system;
(4)
The removal from service of all or part of a fire protection
system for any period of time.
A.
Application for a building permit shall be made to
the Building Inspector, on forms provided by him, and shall contain
the following information and shall be accompanied with the following
documents and material as maybe required by the Building Inspector:
(1)
Each application shall contain the following
information:
(a)
Description agreeing with the Tax Map of the
Town of Ramapo 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, including the names and addresses of each officer and
director of any corporation as is deemed necessary.
(e)
A brief description of the nature of the proposed
work.
(2)
Each application for a building permit shall be accompanied
by plans and specifications which must comply with the New York State
Uniform Fire and Building Code and the State Energy Conservation Construction
Code, including plot plans and site plans, as required, 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, distance
between structures, distance from lot lines, widths and grades of
adjoining streets, walks and alleys, and, where required by the Building
Inspector, details of structural, mechanical and electrical work,
including computations, stress diagrams and other technical data,
and the location of any existing or proposed well or septic system.
Plans and specifications shall bear the signature and seal of architect
or engineer and his/her New York State license number, unless otherwise
exempted by the Education Law.
[Amended 11-10-2016 by L.L. No. 4-2016]
(3)
Application shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(4)
Any amendment to the application or to the plans
and specifications accompanying the same must be filed and approved
by the Building Inspector prior to the completion of the work, and
such amendments shall comply with the provisions of this chapter.
The refusal of such an amendment by the Building Inspector shall be
in writing.
(5)
Every application for a building permit pursuant
to this chapter shall be accompanied by payment of a fee in accordance
with the Standard Schedule of Fees.
B.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove of the
application within one month from the receipt of the completed application
accompanied by all appropriate documents and fees.
(1)
Upon approval of the application, the Building
Inspector shall issue a permit upon the form prescribed by him and
shall affix his signature or cause his signature to be affixed thereto
and endorse the plans and specifications to show approval.
C.
One set of such approved plans and specifications
shall be retained in the files of the Building Inspector for such
time as shall be mandated by state law, but not less than two years.
The applicant shall, at all times, keep one set of the approved plans
and specifications, together with the building permit, at the building
site and open to inspection by the Building Inspector at all reasonable
times.
D.
Town will:
[Added 11-10-2016 by L.L.
No. 4-2016]
(1)
Perform all construction inspections required by 19 NYCRR 1203.3(b);
(2)
Require that all work must remain accessible and exposed until
inspected and accepted by the Town;
(3)
After each inspection, note the work as satisfactory as completed
or notify the permit holder as to where the work fails to comply with
the New York State Uniform Fire Prevention and Building Code and/or
State Energy Conservation Construction Code; and
(4)
Require that any work not in compliance with the New York State
Uniform Fire Prevention and Building Code and/or State Energy Conservation
Construction Code remain exposed until it has been brought into compliance
with said codes, has been reinspected by the Town, and has been found
by the Town to be satisfactory as completed.
B.
If construction has been commenced within two years
from the issuance of the building permit but has not been completed,
the holder of the permit may apply to the Building Inspector for an
extension not to exceed one year. Upon the payment of 1/2 of the fee
required for the issuance of the original building permit, the Building
Inspector may, in his discretion and for due cause, extend the permit
for a period not to exceed one year from the date of its expiration.
The Building Inspector may, in his discretion, for due cause, grant
a second one-year extension upon application and payment of 1/4 of
the fee required for the issuance of the original building permit.
C.
If construction has not been commenced, the holder
of the permit may apply to the Board of Appeals for an extension not
to exceed one year from the expiration of the permit, upon the payment
of 1/2 of the original building permit fee and such other fee or fees
as may be payable upon any application to the Board of Appeals.
D.
Failure to complete the work within the time prescribed
shall require that a new building permit application be filed and
a new permit issued before any work may commence or continue.
The Building Inspector may revoke a building
permit issued in any one of the following circumstances:
A.
There has been a false statement or misrepresentation
as to a material fact in the application, plans, specifications or
other accompanying documents upon which the building permit was based.
B.
The building permit was issued in error and should
not have been issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the
requirements of an approved site development plan or subdivision plat.
D.
The work being performed under the permit is not in
accordance with the provision of the application, the permit, the
plans or specifications.
E.
The holder of the permit has failed or refused to comply with a stop order issued by the Building Inspector under § 376-148.
F.
When a building permit has been issued in error because of incorrect,
inaccurate, or incomplete information, or the work for which the permit
was issued violates the New York State Uniform Fire Prevention and
Building Code or the State Energy Conservation Construction Code,
such permit shall be revoked or suspended until such time as the permit
holder demonstrates that all work completed and all work proposed
shall be in compliance with the applicable provisions of the code.
[Added 11-10-2016 by L.L.
No. 4-2016]
Whenever the Building Inspector shall determine
that work on any building or structure is being or has been conducted
in violation of any of the provisions of the Uniform Fire Prevention
and Building Code, state, federal, county or town laws, rules or regulations
or has failed to meet or violates any requirement of an approved site
plan or subdivision plan, including but not limited to the required
drainage, grade or elevation plans, sewer and septic plans, approved
road profile plans and such other plans or specifications upon which
a building permit was issued, or that any work is being conducted
in a dangerous or unsafe manner, then the Building Inspector shall
notify the owner of the property, or the owner's agent, or the person
performing the work, to suspend and halt work. Such direction by the
Building Inspector (a stop-work order) shall be in writing and delivered
to the owner, or the owner's agent, or the person performing the work
or affixed to any part of said structure. Such stop-work order shall
state the reasons therefor and the conditions under which the work
may be resumed. Should work continue in violation of the stop-work
order, the Building Inspector may, without further notice, revoke
the building permit and, if there is a certificate of occupancy or
use, revoke the same.
A.
Except for buildings constructed prior to February
5, 1930, no building shall be used or occupied in whole or in part
unless or until a certificate of use or a certificate of occupancy,
as appropriate, shall have been issued by the Building Inspector,
and then only in conformity with said certificate(s).
B.
A temporary certificate of occupancy may be issued for periods of
up to 90 days, but not more than one year in the aggregate. A temporary
certificate of occupancy will be issued only if the building (or portion
of the building for which the temporary certificate is issued) may
be occupied safely, any fire- and smoke-detecting or fire protection
equipment which has been installed is operational, all required means
of egress from the structure have been provided, and such temporary
certificate of occupancy otherwise complies with all requirements
of 19 NYCRR 1203.3(d)(3). During the period that a temporary certificate
of occupancy is in effect, the owner of the subject building is required
to bring the building into full compliance with the applicable provisions
of the New York State Uniform Fire Prevention and Building Code and
the State Energy Conservation Construction Code. The Building Inspector
shall require a cash deposit or an irrevocable letter of credit drawn
on a bank and in a form satisfactory to the Town attorney to ensure
and guarantee the completion of the structure and site improvements.
The Building Inspector shall determine the sum of said cash or letter
of credit.
[Amended 11-10-2016 by L.L. No. 4-2016]
C.
No change shall be made in the use or occupancy of
a building or structure unless a certificate of occupancy authorizing
the change of use shall have been issued. A change in use shall include,
but not be limited to, a change in or of the type, class, nature or
scope of the goods, services or operation.
A.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies for the purposes therein
stated.
B.
Before issuing a certificate:
(1)
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 Building Inspector 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. This affidavit shall state
that the deponent 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 this chapter and these regulations and the requirements
of any approved subdivision, plat or site plan except insofar as variations
there from have been legally authorized. Such variations shall be
specified in the affidavit.
(2)
The Building Inspector shall examine or cause to be examined
all buildings, structures, and sites for which the application has
been filed. Issuance of a certificate of occupancy or a certificate
of compliance shall be preceded by an inspection of the building,
structure, or work. A certificate of occupancy shall not be issued
until all required construction inspections have been performed and
the project passes such inspections. Where applicable, a written statement
of structural observations and/or final report of special inspections,
prepared in accordance with the provisions of the New York State Uniform
Fire Prevention and Building Code, must be received prior to the issuance
of the certificate. Also, where applicable, flood hazard certifications,
prepared in accordance with the provisions of the New York State Uniform
Fire Prevention and Building Code must be received prior to the issuance
of the certificate.
[Amended 11-10-2016 by L.L. No. 4-2016]
C.
If the Building Inspector shall determine that the
improvement, construction, etc., was made in conformity with the building
permit and the requirements of the Code of the Town of Ramapo, he
shall issue a certificate of occupancy or use as the case may be.
If after the issuance of a certificate of occupancy or use, the Building Inspector shall determine that there has been a violation of § 376-149C or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 376-147 or 376-148, the Building Inspector may revoke the certificate of occupancy or use that had been issued.
The Building Inspector or his authorized agent,
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any land or building or structure at any reasonable
hour, subject to all applicable laws.
Any person, corporation, association or partnership
who shall violate any provision of this chapter or who shall build
or alter any structure or use any land in violation of any statement
or plan submitted and approved thereunder or who shall knowingly assist
therein shall be liable to a fine of not more than $5,000 or imprisonment
not exceeding 15 days, or both such fine and imprisonment. Each day's
continued violation shall constitute a separate and additional violation.
In addition to the foregoing provisions, the Town shall have such
other remedies for any violation or threatened violation of this chapter
as is now or may hereafter be provided by law.
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the Multiple Residence Law
or the Executive Law of the State of New York.
Whenever the Building Inspector shall approve
or disapprove, act or fail to act or otherwise perform any of his
duties and shall render a decision thereon, such decision shall be
reviewable by appeal to the Board of Appeals from the Building Inspector's
decision. Such appeal shall be taken not more than 60 days after the
filing of the decision of the Building Inspector in the office of
the Building Inspector.
[Added 1-23-2008 by L.L. No. 3-2008]
A.
The
Town Board of the Town of Ramapo may appoint up to four alternate
members to the Planning Board to serve as provided herein. Said alternate
members shall attend all meetings of the Board, and the Chairman of
the Planning Board shall designate the alternate members as acting
members as necessary when absence of regular members of the Board
or a conflict of interest of regular members of the Board would otherwise
prevent seven members of the Board from considering any pending matter.
The alternate members shall be so designated on a rotating basis so
that each alternate member shall be afforded an equal opportunity
to serve as an acting member, except that the Chairman shall designate
the alternate member with the longer remaining term if the particular
matter is likely to continue beyond the current official year. Once
designated to serve on a particular matter before the Board, the alternate
member shall have the same powers and duties as regular members of
the Board until that matter is concluded. Any determination by the
Board consisting of alternate members shall have weight and be entitled
to the same authority as the act or deed of the regular Planning Board,
and all laws, statutes and regulations shall apply and be applied
with equal force and effect. Alternate members appointed pursuant
to this section shall be paid for their respective services as fixed
by resolution of the Town Board.
B.
Alternate
members shall serve two-year terms expiring at the end of the official
year, except that in the first year of the application of this section,
to stagger the terms, two alternate members shall be appointed for
one year and two for two years. Their successors shall be appointed
for a term of two years after the expiration of the terms of their
predecessors in office. If a vacancy shall occur otherwise than by
expiration of term, it shall be filled by the Town Board for the unexpired
term. The Town Board shall have the power to remove any alternate
member of the Planning Board for cause, after a public hearing if
one is requested.
C.
Although
all alternate members of the Planning Board shall attend all meetings
of the Planning Board, they shall have no power to participate in
any actions of the Planning Board except as provided herein.
[Added 11-10-2016 by L.L.
No. 4-2016]
A.
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3),
or 2703.1.1(4), of the Fire Code of New York State;
(2)
Hazardous processes and activities, including but not limited
to, commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the government
or agency charged with or accountable for administration and enforcement
of the New York State Uniform Fire Prevention and Building Code.
B.
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A(1) shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the New York State Uniform Fire Prevention and Building Code. Tests or reports necessary to verify conformance shall be required.
C.
An inspection of the premises shall be conducted prior to the issuance
of an operating permit.
D.
A single operating permit may apply to more than one hazardous activity.
E.
Operating permits may remain in effect until reissued, renewed or
revoked or may be issued for a specified period of time consistent
with local conditions.
F.
Where activities do not comply with applicable provisions of the
New York State Uniform Fire Prevention and Building Code, an operating
permit shall be revoked or suspended.
