[Adopted 10-16-1997 by Ord. No. 97-21 as
Ch. 3.08 of the 1997 Municipal Code; amended in its entirety 2-1-2007 by Ord. No.
2007-001]
[Amended 4-7-2022 by L.L. No. 2022-002]
This article provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code ("Uniform Code") and the State Energy Conservation Construction
Code ("Energy Code") in the City of Canandaigua. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, the Energy Code, other
state law, or other section of this article, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
this article.
As used in this article, the following terms
shall have the meanings indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
[Added 4-7-2022 by L.L. No. 2022-002]
BUILDING PERMIT
A permit issued pursuant to §
714-9 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CITY
The City of Canandaigua.
CODES
The Uniform Code and Energy Code.
[Added 4-7-2022 by L.L. No. 2022-002]
ENERGY CODE
The New York State Energy Conservation Construction Code
as modified in the manner contemplated by the NY Stretch Energy Code-2020.
[Amended 9-2-2021 by L.L. No. 2021-003; 2-3-2022 by L.L. No. 2022-001]
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
[Added 4-7-2022 by L.L.
No. 2022-002]
FIRESAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
[Added 4-7-2022 by L.L.
No. 2022-002]
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
[Added 4-7-2022 by L.L.
No. 2022-002]
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
[Added 4-7-2022 by L.L. No. 2022-002]
OPERATING PERMIT
A permit issued pursuant to §
714-15 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to §
714-8.
[Added 4-7-2022 by L.L. No. 2022-002]
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.
PLAYHOUSES
Include swing sets, toy houses intended for children, and
similar structures for recreational use.
[Added 4-7-2022 by L.L. No. 2022-002]
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
[Added 4-7-2022 by L.L.
No. 2022-002]
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
[Added 4-7-2022 by L.L.
No. 2022-002]
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
[Added 4-7-2022 by L.L.
No. 2022-002]
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
[Added 4-7-2022 by L.L. No. 2022-002]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A. The Code Enforcement Officer shall administer and
enforce the provisions of the New York State Uniform Fire Prevention
and Building Code, the Energy Code and this Municipal Code.
B. The Code Enforcement Officer shall be appointed by
the Director of Public Safety pursuant to Civil Service Law. The Code
Enforcement Officer shall possess background experience related to
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.
C. The compensation for the Code Enforcement Officer
and Inspectors shall be fixed from time to time by the City Council
of this City.
In the absence of the Code Enforcement Officer,
or in the case of his inability to act for any reason, the Director
of Public Safety shall have the power to designate a person to act
in behalf of the Code Enforcement Officer and to exercise all the
powers conferred upon him by this article.
[Amended 4-7-2022 by L.L. No. 2022-002]
The Director of Public Safety may appoint one
or more Deputy Code Enforcement Officers or Inspectors, as the need
may appear, to act under the supervision and direction of the Code
Enforcement Officer and to exercise any portion of the powers and
duties of the Code Enforcement Officer as directed by him. The compensation
of such Deputy Code Enforcement Officer or Inspector shall be fixed
by the City Council. Each Deputy or 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 shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
The Code Enforcement Officer, Deputy Code Enforcement
Officer or an officer or employee of the Bureau of Inspections shall
not engage in any activity inconsistent with his duties, or with the
interests of the Bureau of Inspections; nor shall he, during the term
of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials, supplies or appliances
for, or the supervision of, the construction, alteration, demolition
or maintenance of a building or the preparation of plans or specifications
thereof within the City, except that this provision shall not prohibit
any officer or employee from engaging in such activities in connection
with the construction of a building or structure owned by him for
his own personal use and occupancy or for the use and occupancy of
members of his immediate family, and not constructed for sale.
A. Enforcement Officer. Except as otherwise specifically
provided by law, ordinance, rule or regulation, or except as herein
otherwise provided, the Code Enforcement Officer shall administer
and enforce all of the provisions of laws, ordinances, rules and regulations
applicable to the plans, specifications, or permits for the construction,
alteration and repair of buildings and structures, and the installation
and use of materials and equipment therein, and the location, use
and occupancy thereof.
(1) The Code Enforcement Officer shall have the following
powers and duties:
(a)
To promulgate rules and regulations subject
to the approval of the Director of Public Safety to secure the intent
and purposes of this article and a proper enforcement of the laws,
ordinances, rules and regulations governing building plans, specifications,
construction, alteration or repairs;
(b)
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;
(c)
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;
(d)
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 article;
(e)
To issue stop-work orders;
(f)
To review and investigate written complaints;
(g)
To issue orders pursuant to §
714-8A (Enforcement procedures) of this article;
(i)
To collect fees as set by the City Council;
(j)
To pursue administrative enforcement actions
and proceedings;
(k)
In consultation with this City's Attorney, to
pursue such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this article, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this article; and
(l)
To exercise all other powers and fulfill all
other duties conferred upon the Code Enforcement Officer by this article.
(2) Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, ordinances, rules
and regulations covering building construction or alteration, the
Code Enforcement Officers may, in his discretion, accept and rely
upon written reports of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service and inspection bureaus or agencies.
B. Repeat inspection fees.
(1) In addition to all other applicable fees established
by City Council, whenever the Code Enforcement Officer has notified
a property owner in writing of any violation of the Municipal Code,
the New York State Uniform Fire Prevention and Building Code, the
Minimum Housing Standards or any other appropriate law, and within
two years of that written notification a subsequent notice of violation
or order of violation is issued to the same property owner for a violation
of the same code or standard then a repeat inspection fee may be assessed
for each subsequent notice of violation or order of violation that
is sent to the property owner by the Code Enforcement Officer by certified
mail.
(2) This fee shall not be applicable:
[Added 11-19-2015 by Ord.
No. 2015-009]
(3) The responsibility for payment of the repeat inspection
fee shall rest with the owner of record. Failure to pay the fee shall
result in imposition and foreclosure of a lien on the property. Unpaid
inspection fees shall become and be a lien upon the real property
and shall be added to and become a part of the taxes next to be assessed
and levied upon such property and shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officer
and in the same manner as taxes.
The Code Enforcement Officer shall:
A. Orders to remedy. Issue in writing orders to remedy
to remove illegal or unsafe conditions or remedy any condition or
activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or the
Municipal Code. An order to remedy shall be in writing; shall be dated
and signed by the Code Enforcement Officer; shall specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
article; shall specify the provision or provisions of the Uniform
Code, the Energy Code, or this article which is/are violated by the
specified condition or activity; and 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 may include provisions ordering the person
or entity served with such order to remedy 1) 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 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order. [Amended 4-7-2022 by L.L.
No. 2022-002]
|
(1) Appearance tickets. The Code Enforcement Officer and
each Deputy Code Enforcement Officer and Inspector are authorized
to issue appearance tickets for any violation of the Uniform Code,
the Energy Code, or the Municipal Code.
(2) Penalties. In addition to such other penalties as
may be prescribed by state law:
(a)
Any person who violates any provision of this article or any
term, condition, or provision of any building permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this article, shall
be punishable by a fine of not more than $200 per day of violation,
or imprisonment not exceeding 15 days, or both; and
(b)
Any person who violates any provision of the Uniform Code, the
Energy Code or this article, or any term or condition of any building
permit, certificate of occupancy, certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this article shall be liable to pay a civil penalty of not more
than $200 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 City.
(3) Injunctive relief. An action or proceeding may be
instituted in the name of this City, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this article, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this article. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of
any provision of the Uniform Code, the Energy Code, this article,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this article, an action or proceeding
may be commenced in the name of the City of Canandaigua in the Supreme
Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the City Manager of the
City of Canandaigua.
(4) Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §
714-11 (Stop-work orders) of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in §
714-11 (Stop-work orders) of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 381 of the Executive Law.
B. Require the necessary safeguards during construction.
C. Insure compliance during the entire course of construction
with the requirements of such laws, ordinances, rules and regulations.
D. 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 Deputy Code Enforcement Officer or other
employees of the Bureau of Inspections or from generally recognized
and authoritative service and inspection bureaus or agencies, provided
the same are certified by a responsible official thereof.
A. Building permits required. Except as otherwise provided in Subsection
B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B. Exemptions. No building permit shall be required for
work in any of the following categories:
[Amended 4-7-2022 by L.L. No. 2022-002]
(1) Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for playhouses or similar uses, provided
that the gross floor area does not exceed 144 square feet;
(2) Construction of temporary motion-picture, television and theater
stage sets and scenery;
(3) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) Installation of partitions or movable cases less than five feet nine
inches in height;
(5) Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6) Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7) Replacement of any equipment, provided that the replacement does
not alter the equipment's listing or render it inconsistent with the
equipment's original specifications; or
(8) Repairs, provided that the work does not have an impact on fire and
life safety, such as:
(a)
Any part of the structural system;
(b)
The required means of egress; or
(c)
The fire protection system or the removal from service of any
part of the fire protection system for any period of time.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B of this section shall not be deemed an authorization for work to be performed in violation of the Municipal Code, the Uniform Code or the Energy Code.
D. Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1) A description of the location, nature, extent, and
scope of the proposed work;
[Amended 4-7-2022 by L.L. No. 2022-002]
(2) The Tax Map number and the street address of any affected
building or structure;
[Amended 4-7-2022 by L.L. No. 2022-002]
(3) The occupancy classification of any affected building
or structure;
(4) Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5) At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Evidence that the documents were prepared by
a licensed and registered architect in accordance with Article 147
of the New York State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State Education
Law and practice guidelines, including but not limited to the design
professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design
professional whose name appears on the seal in such a manner that
neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design professional's
firm name (if not a sole practitioner), and, if the documents are
submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's certificate of authorization number.
[Amended 4-7-2022 by L.L. No. 2022-002]
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines; and
(f)
Show the location, construction, size, and character of all
portions of the means of egress; and
[Added 4-7-2022 by L.L.
No. 2022-002]
(g)
Show a representation of the building thermal envelope; and
[Added 4-7-2022 by L.L.
No. 2022-002]
(h)
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
and
[Added 4-7-2022 by L.L.
No. 2022-002]
(i)
Show the proposed structural, electrical, plumbing, mechanical,
fire protection, and other service systems of the building; and
[Added 4-7-2022 by L.L.
No. 2022-002]
(j)
Include a written statement indicating compliance with the Energy
Code; and
[Added 4-7-2022 by L.L.
No. 2022-002]
(k)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations.
[Added 4-7-2022 by L.L.
No. 2022-002]
E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection
D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
[Amended 4-7-2022 by L.L. No. 2022-002]
F. Issuance of building permits. An application for a
building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the Canandaigua
Municipal Code, the Uniform Code, and Energy Code. The Code Enforcement
Officer shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Canandaigua Municipal Code,
the Uniform Code, and Energy Code.
G. Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed and a certificate of
occupancy/certificate of compliance has been granted.
H. Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents,
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I. Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this Subsection may be renewed upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer.
J. Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Canandaigua Municipal Code, Uniform Code, or the Energy Code, the
Code Enforcement Officer shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates
that:
(1) All work then completed is in compliance with all
applicable provisions of the Canandaigua Municipal Code, the Uniform
Code, and the Energy Code; and
(2) All work then proposed to be performed shall be in
compliance with all applicable provisions of the Canandaigua Municipal
Code, the Uniform Code, and the Energy Code.
K. Fee. The fees as set in §
714-19 must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
L. Penalty. Any person who shall fail to obtain a permit shall be guilty of a violation and upon conviction thereof, shall be subject to the penalties as set forth in Article
II, Penalties, of this chapter. Each day that a violation continues shall constitute a separate offense.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection
B of this section is ready for inspection.
B. Elements of work to be inspected. The following elements
of the construction process shall be inspected made, where applicable:
(1) Work site prior to the issuance of a building permit;
(3) Preparation for concrete slab;
(5) Structural, electrical, plumbing, mechanical, fire
protection, and other similar service systems of the building;
[Amended 4-7-2022 by L.L. No. 2022-002]
(6) Fire resistant construction;
(7) Fire resistant penetrations;
(8) Solid fuel burning heating appliances, chimneys, flues
or gas vents;
(9) Inspections required to demonstrate Energy Code compliance,
including but not limited to insulation, fenestration, air leakage,
system controls, mechanical equipment size and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
[Amended 4-7-2022 by L.L. No. 2022-002]
(10) Installation, connection, and assembly of factor manufactured buildings
and manufactured homes; and
[Added 4-7-2022 by L.L. No. 2022-002]
(11)
A final inspection after all work authorized
by the building permit has been completed.
C. Remote
inspections. At the discretion of the Code Enforcement Officer or
Inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
Inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or such authorized
Inspector that the elements of the construction process conform to
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
[Added 4-7-2022 by L.L. No. 2022-002]
D. Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Municipal Code, the Uniform Code or Energy Code, including
a citation to the specific code provision or provisions that have
not been met. Work not in compliance with any applicable provision
of the Municipal Code, Uniform Code or Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the Municipal Code, the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
[Amended 4-7-2022 by L.L. No. 2022-002]
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
714-19 of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
[Added 4-7-2022 by L.L. No. 2022-002]
A. Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1) Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Municipal
Code, the Uniform Code or Energy Code, without regard to whether such
work is or is not work for which a building permit is required, and
without regard to whether a building permit has or has not been issued
for such work, or
(2) Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Officer, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work, or
(3) Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B. Content of stop-work orders. Stop-work orders shall:
(2) Be dated and signed by the Code Enforcement Officer;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be
satisfied before work will be permitted to resume.
C. Service of stop-work orders. The Code Enforcement
Officer shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit holder, on the permit holder) personally or by certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D. Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work, which is the subject of the
stop-work order.
E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection
A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under §
714-8 (Enforcement procedures) of this article or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A. Required.
(1) A certificate of occupancy/certificate of compliance
shall be required for:
(a)
Any work, which is the subject of a building
permit, and for all structures, buildings, or portions thereof, which
are converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy/certificate
of compliance; or
(b)
Where such issuance is required by a transfer of title to a new owner of a two-family dwelling, mixed-occupancy dwelling containing two or more families, or multiple-dwelling in accordance with §
748-28B of Chapter
748, Housing Standards, of the Code of the City of Canandaigua.
(2) Such certificate shall in the case of construction or alteration certify that the building conforms to the provisions of the Canandaigua Municipal Code, the New York State Uniform Fire Prevention and Building Code or in the case of transfer, that the building conforms to the provisions of Chapter
850, Zoning, of the City of Canandaigua, the New York State Multiple Residence Law (if applicable), and Chapter
748, Housing Standards, of the Code of the City of Canandaigua.
B. The Code Enforcement Officer shall issue a certificate
of occupancy/certificate of compliance if the work, which was the
subject of the building permit, was completed in accordance with all
applicable provisions of the Canandaigua Municipal Code, the Uniform
Code, and Energy Code and, if applicable, that the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the Canandaigua Municipal Code, the Uniform Code, and Energy Code.
The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the building, structure or work
prior to the issuance of a certificate of occupancy/certificate of
compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
(1) A written statement of structural observations and/or
a final report of special inspections; and
(2) Flood hazard certifications;
(3) A written statement of the results of tests performed to show compliance
with the Energy Code; and
[Added 4-7-2022 by L.L.
No. 2022-002]
(4) Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
[Added 4-7-2022 by L.L.
No. 2022-002]
C. Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name, address and Tax Map number of the property;
(4) If the certificates of occupancy/certificates of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificates of occupancy/certificates
of compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The assembly occupant load of the structure, if any;
(8) If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9) Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Code Enforcement Officer
issuing the certificates of occupancy/certificates of compliance and
the date of issuance.
D. Temporary certificate.
(1) The Code Enforcement Officer shall be permitted to
issue a temporary certificate allowing the temporary occupancy of
a building or structure, or a portion thereof, prior to completion
of the work, which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines:
(a)
That the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely;
(b)
That any required fire and life safety components,
such as fire protection equipment and fire, smoke, carbon monoxide,
and heat detectors and alarms are installed and operational; and
[Amended 4-7-2022 by L.L. No. 2022-002]
(c)
That all required means of egress from the building
or structure have been provided.
(2) The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure the health or safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate shall be
effective for a period of time, not to exceed six months, which shall
be determined by the Code Enforcement Officer and specified in the
temporary certificate. During the specified period of effectiveness
of the temporary certificate, the permit holder shall undertake to
bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
[Amended 4-7-2022 by L.L. No. 2022-002]
E. Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/certificate
of compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in §
714-19 of this article must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.
[Added 4-7-2022 by L.L. No. 2022-002]
The Chief of any Fire Department providing fire-fighting
services for a property within the City of Canandaigua shall promptly
notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel burning appliance, chimney or gas vent.
[Amended 4-7-2022 by L.L. No. 2022-002]
Unsafe buildings, structures, and equipment and conditions of imminent danger in the City shall be identified and addressed in accordance with the procedures established by Chapter
300, Buildings, Unsafe, of the Code of the City of Canandaigua, as now in effect or as hereafter amended from time to time.
Operating permits shall be required for conducting the activities or using the categories of buildings listed in §
714-28 of Article
III, Fire Prevention, of this chapter. The Fire Marshal is responsible for the administration and enforcement of operating permits in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
A. The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by him,
including all applications received, reviewed and approved or denied,
and, plans, specifications, and construction documents approved, permits,
and certificates issued, fees charged and collected, results of all
inspections and tests performed, all statements and reports issued,
all written complaints received, all investigations conducted, all
condition assessment reports received, and all fees charged and collected,
all other features and activities specified in or contemplated by
this article, all rules and regulations promulgated by him with the
consent of the Director of Public Safety, and notices and orders issued.
All such records shall be public records open to 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 4-7-2022 by L.L. No. 2022-002]
B. The Code Enforcement Officer shall, annually, submit
to the Director of Public Safety a written report and summary of all
business conducted by the Code Enforcement Officer and the Inspectors,
including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending or concluded.
(1) The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of the City, on a form prescribed
by the Secretary of State, a report of the activities of the City
relative to administration and enforcement of the Uniform Code.
(2) The Code Enforcement Officer shall, upon request of
the New York State Department of State, provide to the New York State
Department of State, true and complete copies of the records and related
materials the City of Canandaigua is required to maintain; true and
complete copies of such portion of such records and related materials
as may be requested by the Department of State; and/or such excerpts,
summaries, tabulations, statistics, and other information and accounts
of its activities in connection with administration and enforcement
of the Uniform Code and/or Energy Code as may be requested by the
Department of State.
[Amended 4-7-2022 by L.L. No. 2022-002]
C. All inspections
and maintenance reports required to be furnished to the City by the
laws and regulations of New York State or the City Code, which are
related to the inspection of commercial buildings, shall be electronically
forwarded to the City in a manner specified by the City Manager or
his or her designee.
[Added 4-7-2022 by L.L. No. 2022-002]
[Added 4-7-2022 by L.L. No. 2022-002]
A. The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
City of Canandaigua as required by the Uniform Code. Such determinations
shall be made in the manner specified in the Uniform Code using, where
applicable, the maps, charts, and other information provided in the
Uniform Code. The criteria to be so determined shall include but shall
not necessarily be limited to the following:
(1) Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2) Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3) Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
(a)
The accompanying Flood Insurance Rate Map (FIRM);
(b)
Flood Boundary and Floodway Map (FBFM); and
(c)
Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection
A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
The Code Enforcement Officer shall review and
investigate written complaints, which allege or assert the existence
of conditions or activities that fail to comply with the Uniform Code,
the Energy Code, this article, or any other chapter, ordinance 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 §
714-8 (Enforcement procedures) of this article;
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 Canandaigua City Council. 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 article.
The Canandaigua City Council may, by resolution,
authorize the City Manager to enter into an agreement, in the name
of the City, with other governments to carry out the terms of this
article, 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 article 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 article.