[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls as noted in article histories. Amendments
noted where applicable.]
[Adopted 11-7-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This local law also repealed former Ch. 70, Building Construction, which consisted of the following: Art. I, Acceptance of State Provisions, adopted 8-10-1971 by L.L. No. 5-1971 as Ch. 42 of the 1971 Code; and Art. II, Administration, adopted 8-10-1971 by L.L. No. 5-1971 as Ch. 43 of the 1971 Code.
This article provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Village. This article
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform 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 of this
article.
As used in this article, the following terms
shall have the meanings indicated:
The officer, employee and/or contractor appointed pursuant to § 70-3B of this article. The Building Inspector shall have the authority of and power of the Building Inspector set forth in this article.
Shall include the Building Inspector and all inspectors.
A permit issued pursuant to § 70-4 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.
A certificate issued pursuant to § 70-7B of this article.
An order issued by the Building Inspector pursuant to § 70-16A of this article.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 70-3D of this article.
A permit issued pursuant to § 70-10 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.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 70-6 of this article.
A certificate issued pursuant to § 70-7D of this article.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Building Inspector is hereby created.
The Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. The Building
Inspector shall have the following powers and duties:
(1)
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;
(2)
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 Building Inspector
may determine to be appropriate;
(3)
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;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of Trustees
of the Village of Highland Falls;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village 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
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this article.
B.
The Building Inspector shall be appointed by the Village
Board of Trustees. The Building Inspector 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 Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Building Inspector is unable
to serve as such for any reason, an individual shall be appointed
by the Village Board of Trustees to serve as Acting Building Inspector.
The Acting Building Inspector shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred
upon the Building Inspector by this article.
D.
One or more inspectors may be appointed by the Village
Board of Trustees to act under the supervision and direction of the
Building Inspector and to assist the Building Inspector in the exercise
of the powers and fulfillment of the duties conferred upon the Building
Inspector by this article. Each 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 each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Building Inspector and inspectors
shall be fixed from time to time by the Village Board of Trustees.
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, the Energy Code and this article, 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, or where a building permit is required, no site preparation work, excavation or filling shall commence prior to issuance of a building permit or other required approvals. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(3)
Construction of retaining walls, unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress; or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
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 Uniform Code, the Energy Code or this article.
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 Building Inspector. The application shall
be signed by the owner of the property where the work is to be performed
or by an authorized agent of the owner. The application shall include
such information as the Building Inspector deems sufficient to permit
a determination by the Building Inspector 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 proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(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 three sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(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, the Energy Code and this article; 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.
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 Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, one set shall be retained for the plan review, 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.
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 Uniform
Code and Energy Code. The Building Inspector shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code, the Energy Code and this article.
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.
H.
Work to be performed 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 Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
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
written application by the permit holder, payment of the applicable
fee, and approval of the application by the Building Inspector.
J.
Revocation or suspension of building permits. If the
Building Inspector 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
Uniform Code, the Energy Code or this article, the Building Inspector
shall revoke the building permit or suspend the building permit until
such time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code,
the Energy Code and this article, and all work then proposed to be
performed shall be in compliance with all applicable provisions of
the Uniform Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector 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, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
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 Uniform Code, Energy Code or this article. Work not
in compliance with any applicable provision of the Uniform Code, the
Energy Code or this article shall remain exposed until such work shall
have been brought into compliance with all applicable provisions of
the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Building Inspector is authorized
to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector
to be contrary to any applicable provision of the Uniform Code, the
Energy Code or this article, 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 Building Inspector, 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
be in writing, be dated and signed by the Building Inspector, state
the reason or reasons for issuance, and, if applicable, state the
conditions which must be satisfied before work will be permitted to
resume.
C.
Service of stop-work orders. The Building Inspector
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
Building Inspector 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 § 70-16, Enforcement; penalties for offenses, of this article or under any other applicable local law 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.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/certificate of compliance shall
be required for 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.
B.
Issuance of certificates of occupancy/certificates
of compliance. The Building Inspector 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 Uniform Code and Energy Code and, if applicable,
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 Uniform Code and Energy
Code. The Building Inspector or an inspector authorized by the Building
Inspector 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
Building Inspector, at the expense of the applicant for the certificate
of occupancy/certificate of compliance, shall be provided to the Building
Inspector prior to the issuance of the certificate of occupancy/certificate
of compliance:
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 certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy 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 Building Inspector issuing the
certificate of occupancy/certificate of compliance and the date of
issuance.
(11)
Any other information and certification required by
the Building Inspector.
D.
Temporary certificate. The Building Inspector 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 Building Inspector issue a temporary
certificate unless the Building Inspector determines that the building
or structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, that
all required means of egress from the building or structure have been
provided, and that all site plan work is completed to the Village's
satisfaction or, at the Village's sole discretion a bond is posted
to secure completion of the work. The Building Inspector may include
in a temporary certificate such terms and conditions as he or she
deems necessary or appropriate to ensure safety or to further the
purposes and intent of the Uniform Code. A temporary certificate shall
be effective for a period of time, not to exceed six months, which
shall be determined by the Building Inspector 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.
E.
Revocation or suspension of certificates. If the Building
Inspector 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 Building
Inspector within such period of time as shall be specified by the
Building Inspector, the Building Inspector shall revoke or suspend
such certificate.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures set forth in Chapter 76 of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
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;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Building and temporary structures, such as a
tent, containing one or more areas of public assembly with an occupant
load of 100 persons or more;
(e)
Buildings containing devices that produce grease-laden
vapors and require fire suppression systems; and
(f)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village Board of Trustees.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Building Inspector determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Building Inspector, at the expense of the applicant.
C.
Inspections. The Building Inspector or an inspector
authorized by the Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit.
(1)
The Building Inspector shall conduct periodic inspection
for compliance with the provisions of the Uniform Fire Prevention
and Building Code. Such inspections may be made at any reasonable
time.
(2)
If entrance to make an inspection is refused or cannot
be obtained, the Building Inspector may apply for a warrant to make
an inspection to any court of competent jurisdiction.
(3)
In case of an emergency, property may be inspected
at any time without a warrant and without permission.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year, as shall
be determined by the Building Inspector to be consistent with local
conditions. The effective period of each operating permit shall be
specified in the operating permit. An operating permit may be reissued
or renewed upon application to the Building Inspector, payment of
the applicable fee, and approval of such application by the Building
Inspector.
F.
Revocation or suspension of operating permits. If
the Building Inspector determines that any activity or building for
which an operating permit was issued does not comply with any applicable
provision of the Uniform Code or this article, such operating permit
shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Building Inspector or an inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
Receipt by the Building Inspector of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; or
(3)
Receipt by the Building Inspector of any other information,
reasonably believed by the Building Inspector to be reliable, giving
rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained;
(4)
Application for a warrant by the Code Enforcement
Officer to make an inspection to any court of competent jurisdiction
if entrance to make an inspection is refused or cannot be obtained.
(5)
Determination of the Building Inspector that there
exists an emergency, property may be inspected at any time without
a warrant and without permission.
C.
OFPC inspections. Nothing in this section or in any
other provision of this article shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control ("OFPC") and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Building Inspector shall review and investigate
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 local law 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 Building Inspector 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 § 70-16, Enforcement; penalties for offenses, 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 Village Board of Trustees. 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, electrical inspections, and
other actions of the Building Inspector described in or contemplated
by this article.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy/certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
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.
A.
The Building Inspector shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 70-14, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector shall annually submit to the
Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code.
C.
The Building Inspector shall, upon request of the
New York State Department of State, provide to the New York State
Department of State, from the records and related materials this Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Village
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders. 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 Uniform Code, the Energy Code, or this article. Upon finding
that any such condition or activity exists, the Building Inspector
shall issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Building Inspector; specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
article; 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; specify the period of time which the Building
Inspector deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The Building Inspector shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail. The Building Inspector shall
be permitted, but not required, to cause the compliance 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 being performed at the
affected property personally or by certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
B.
Appearance tickets. The Building Inspector and each
inspector are authorized to issue appearance tickets for any violation
of the Uniform Code, the Energy Code or this article.
C.
Civil penalties. In addition to those penalties prescribed
by state law, 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 Building Inspector pursuant to any provision
of this article, shall be liable to a civil penalty of not less than
$50 more than $250 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 this Village.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Village, 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 Building Inspector 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 this Village, 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 Board of Trustees of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 70-6, 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 § 70-6, 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 § 382 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 § 382 of the Executive Law.
The Village Board of Trustees may, by resolution,
authorize the Board of Trustees of this Village to enter into an agreement,
in the name of this Village, 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.
This chapter is intended to help protect the
general welfare of the Village of Highland Falls. Accordingly, this
chapter, and any act or omission pursuant thereto, does not create,
and shall not be construed to create, any special duty or obligation
of the Village, its officers, employees or agents to any person.
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.
If any word, phrase, part or provision of this
article shall be declared invalid by a court of competent jurisdiction,
the same shall be severed and separated from the remainder of this
article, and said remainder shall continue in full force and effect.
[Added 12-5-2007 by L.L. No. 5-2007]
The provisions of this article shall apply to
all buildings or structures of truss and/or lightweight construction,
as determined by the Building Inspector, and to the owner and occupant
of all such buildings or structures, except as follows:
A.
Detached one-family and two-family residential buildings
with truss or lightweight construction that are not part of a planned
real estate development or subdivision shall be exempt from the requirements
of this article.
B.
The requirement to affix the identifying emblem to
each building shall not apply to residential buildings with truss
or lightweight construction that are part of a planned real estate
development or subdivision if an identifying emblem is affixed to
each entrance to the development or subdivision and can be readily
seen by all emergency and enforcement personnel. This identifying
emblem at development or subdivision entrances, if determined necessary
by the Building Inspector, will be affixed by the Village.
C.
Any building used in whole or in part for nonresidential
purposes shall not be exempt from the requirements of this article.
As used in this article, the following terms
shall have the meanings indicated:
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
The duly appointed Building Inspector of the Village of Highland
Falls, his deputy or designee, or other enforcement officer appointed
by the Board of Trustees.
Any natural person or individual, or any firm, partnership,
association, limited partnership, sole proprietorship, corporation
or any other business entity or any government agency or entity.
An assembly of materials, forming a construction made of
component structural parts for occupancy or use, including buildings.
Structural components assembled from wood members, metal
connector plates or other metal fasteners; wooden I-beams; or any
single-plan framework of individual structural members, made of wood
or steel, connected at their ends to form a series of triangles to
span a distance greater than would be possible with any of the individual
members on its own.
A.
Unless exempted by § 70-21, the owner and occupant of a building of truss or lightweight construction is required to permanently affix an identifying emblem, in a design prescribed by the Village, to the front of the building. The emblem shall be permanently affixed to the left of the main entrance door at a height between four feet and six feet above the ground, and/or any other location(s) reasonably required by the Building Inspector, and shall be affixed and maintained by the owner and/or occupant of the building. The identifying emblem will be supplied by the Village at no charge to the owner or occupant.
B.
The Building Inspector is authorized to inspect and
identify any building to determine whether the building contains truss
or lightweight construction and to require the owner and occupant
of such building to permanently affix the identifying emblem to the
front of the building. The Building Inspector shall provide written
notice of said requirement to the owner and/or occupant. The owner
and/or occupant shall be required to properly affix the identifying
emblem within 15 days after the mailing date of such written notice.
C.
If the identifying emblem is damaged, defaced or removed
for any reason, then the owner or occupant shall promptly obtain a
replacement emblem from the Village and shall affix said replacement
emblem in the manner prescribed herein. In addition, the owner and/or
occupant is required to properly affix the replacement emblem within
10 days after receipt of written notice from the Building Inspector.
The owner or occupant shall pay to the Village the cost of said replacement
emblem. The cost of a replacement identifying emblem, if unpaid, shall
be a lien on the real property and shall be assessed against such
property, together with 9% interest per annum, and shall be levied
and collected in the same manner as a real property tax. The Board
of Trustees may waive the charge for a replacement emblem for buildings
owned and used by not-for-profit corporations or other charitable
organizations.
A.
Signs identifying the existence of truss construction
shall consist of a circle six inches (152.4 mm) in diameter, with
a stroke width of 1/2 inch (12.7 mm). The sign background shall be
reflective white in color. The circle and contents shall be reflective
red in color, conforming to Pantone matching system (PMS) #187. Where
a sign is directly applied to a door or sidelight, it may be a permanent
nonfading sticker or decal. Signs not directly applied to doors or
sidelights shall be of sturdy, nonfading, weather-resistant material.
B.
Symbols.
(1)
Signs identifying the existence of truss construction
shall contain the roman alphanumeric designation of the construction
type of the building, in accordance with the provisions for the classification
of types of construction set forth in Section 602 of the Building
Code of New York State, and an alphabetic designation for the structural
components that are of truss construction, as follows:
(2)
The construction type designation shall be placed
at the 12:00 o'clock position over the structural component designation,
which shall be placed at the six o'clock position.
C.
Signs identifying the existence of truss construction
shall be affixed in the locations specified in accordance with the
State Fire Prevention Uniform and Building Code Regulations, 19 NYCRR
Part 1264.4, as amended from time to time.
This article shall be enforced by the Building
Inspector and any other officer authorized by resolution of the Board
of Trustees. All enforcement officers are authorized to issue violation
notices and appearance tickets.
Any person convicted of a violation of any provision
of this article, for a first conviction thereof, shall be guilty of
a violation and shall be subject to a fine not to exceed $100 plus
an additional $25 for each day the violation continues, or a maximum
of 15 days' imprisonment, or both such fine and imprisonment; for
a second and each subsequent such conviction within one year thereafter,
such person shall be subject to a fine not to exceed $250 plus an
additional $50 for each day the violation continues, or a maximum
of 15 days' imprisonment, or both.
A.
Compliance with this article is required in the interest
of the public safety, health and welfare. Notwithstanding any other
provision herein, if a property owner fails to correct a violation
after written notice, the Village and its agents shall have the right
to enter upon the property and perform the work necessary to correct
the violation. The property owner shall be responsible and liable
for all costs incurred by the Village in connection therewith. The
Village shall bill the property owner for said costs by mailing the
bill to the owner's last known address as shown on the real property
tax records of the Village. If the property owner does not pay said
costs within 30 days after the mailing date of the bill, then the
amount of said costs shall be a lien on the owner's real property
and shall be assessed against such property, together with 9% per
annum, and shall be levied and collected in the same manner as a real
property tax.
This article is intended to help protect the
general welfare of the Village of Highland Falls. Accordingly, this
article, and any act or omission pursuant thereto, does not create,
and shall not be construed to create, any special duty or obligation
of the Village, its officers, employees or agents to any person.
If any word, phrase, part or provision of this
article shall be declared invalid by a court of competent jurisdiction,
the same shall be severed and separated from the remainder of this
article, and said remainder shall continue in full force and effect.
