Town of Sand Lake, NY Chapter 88 Building Construction and Fire Prevention

[HISTORY: Adopted by the Town Board of the Town of Sand Lake 12-16-1987.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Water testing — See Ch. 96.

[1] Editor's Note: This ordinance also provided that it shall apply to all building construction or alteration and all affected multiple dwellings and places of public assembly after its effective date, and that the annual inspections required each calendar year of places of public assembly by § 88-4B shall, during the first year of the effectiveness of this ordinance, be completed no later than December 31, 1988.

§ 88-1 Enforcement officer.

A. The Building Inspector shall be the Code Enforcement Officer and shall be charged with primary responsibility for the enforcement of this chapter, the State Uniform Fire Prevention and Building Code, the Unsafe Building Law (L.L. No. 2-1982)[1] and such rules and regulations as the Town Board may enact pursuant to such laws.

[1] Editor's Note: See Ch. 90, Buildings, Unsafe.

B. In the absence of the Code Enforcement Officer, or in his inability to act for any reason, the Supervisor shall have the power to act on his behalf and to exercise all the powers conferred upon him by this chapter, including the supervision of any Assistant Building Inspectors.

C. The Supervisor, with the approval of the Town Board, may appoint one or more Assistant Building Inspectors to act under the supervision and direction of the Code Enforcement Officer.

D. The Code Enforcement Officer shall not 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 the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications within the town for compensation, except that this provision shall not prohibit 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 purposes of resale.

§ 88-2 Building permits.

A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, nor install solid-fuel heating equipment, without having applied for and obtained a permit from the Code Enforcement Officer.

B. No permit shall be required for the performance of necessary repairs which do not involve material alteration of structural features, plumbing, electrical or heating/ventilation systems. For example, no permit shall be required for the replacement of siding and roofing materials or for the erection of fences or noncommercial storage facilities less than 100 square feet gross floor area.

C. No permit shall be required for alterations to existing buildings, if the alterations meet all of the following conditions:

(1) Cost less than $10,000;

(2) Do not materially affect structural features;

(3) Do not involve the installation or extension of electrical systems; and

(4) Do not affect firesafety features such as required smoke detectors, fire separations and exits.

D. All work which is exempt from the requirement of a permit shall nevertheless be constructed in conformance with the Code.

E. The Code Enforcement Officer shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alteration.

F. The Code Enforcement Officer shall issue a building permit when the application has been determined to be complete, when the proposed work is determined to conform to the provisions of the Uniform Code and when the Code Enforcement Officer has determined that the proposed work is in compliance with the Town of Sand Lake Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 250, Zoning.

G. The building permit shall be prominently displayed on the property or premises to which it applies during construction, so that it can readily be seen from adjacent roads, if possible.

H. The form and contents of building permit applications shall be prescribed by the Code Enforcement Officer.

I. Application fees for building permits shall be specified by the Town Board by resolution.

J. All plans and specifications submitted in connection with any application for a building permit shall comply with the requirements of § 7209 of the Education Law with respect to stamping by a licensed architect, professional engineer or licensed land surveyor.

K. Applicants and permit holders shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period from application to expiration of the permit.

L. Building permits shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy, whichever occurs earlier. If a certificate of occupancy or certificate of compliance is not issued within the permit term, the permit must be renewed, and a renewal fee paid to the Town by the applicant in accordance with the applicable fee schedule.

[Amended 4-11-2012 by L.L. No. 1-2012]

§ 88-3 Certificates of occupancy or compliance.

[Amended 4-11-2012 by L.L. No. 1-2012]

A. No building hereafter erected shall be used or occupied until a certificate of occupancy is issued and no portion or component of a building may be used for which a certificate of compliance is required and not issued. No building hereafter enlarged, extended or substantially altered or upon which work is performed requiring issuance of a building permit shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy or certificate of compliance is issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy or certificate of compliance authorizing the change has been issued. Applications for certificates of occupancy or certificate of compliance must be made only by the owner or his agent. A certificate of compliance authorizes the legal use of an accessory building or structure, a minor alteration or addition, an installation such as a wood stove or furnace or construction of a building component. In the case of a building component, a certificate of compliance signifies that the component is complete and built in accordance with all applicable requirements.

B. A temporary certificate of occupancy or certificate of compliance may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy or certificate of compliance shall expire 30 days from the date of issuance, but may be renewed three times.

C. No certificate of occupancy or certificate of compliance shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use.

§ 88-3.1 Designation of fire lanes.

[Added 6-9-1993]

In accordance with the New York State Uniform Fire Prevention and Building Code, the Code Enforcement Officer shall have the authority to designate fire lanes after consultation with the Planning Board, with the Fire Chief of the fire district in which the respective property is located and the owner of the real property. All duly designated fire lanes shall be suitably maintained and kept open and accessible to fire equipment.

§ 88-4 Inspections.

A. Work for which a building permit has been issued shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction including but not limited to building location, site preparation, excavation, footing forms, foundation, framing, insulation, superstructure, electrical, plumbing, heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection and to schedule such inspection at least 24 hours in advance.

B. All areas of public assembly shall be inspected at least once each calendar year for the purpose of determining compliance with the firesafety requirements of the Code.

C. All nonresidential occupancies and all dwelling units in buildings consisting of more than two units and the common areas of such buildings, such as halls, foyers and staircases, shall be inspected for the purpose of determining compliance with firesafety requirements of the Code at least once every three calendar years.

D. Inspections shall be conducted in response to bona fide complaints of conditions or activities alleging failure to comply with the Code.

E. Inspections may be made by the Code Enforcement Officer at any time that he reasonably believes a violation to exist.

F. Inspections may be made upon request of the owner.

§ 88-5 Inspectors.

A. Except as provided below, the inspections required by this chapter shall be performed by the Code Enforcement Officer or Assistant Building Inspectors.

B. The Code Enforcement Officer may require that portions of inspections shall be performed at the cost and expense of the owner by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer or other certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer.

§ 88-6 Enforcement; penalties for offenses.

A. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is proceeding without a permit or otherwise in violation of the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications upon which the building permit was issued, or is being conducted in an unsafe manner, he is authorized to notify either the owner of the property, the owner's agent or the person, firm or corporation performing the work to suspend all work immediately. Any and all such persons shall immediately suspend all related activities until the stop-work order is terminated.

B. All stop-work orders under Subsection A of this section shall be in writing, shall be dated, and shall state the reasons for the order. Stop-work orders issued under Subsection A of this section shall carry a mandatory fine equal to the permit application fee(s) for the first violation, and $500 for all subsequent stop-work orders. Terminations of stop-work orders shall be in writing and dated, and not granted until the violation(s) is/are corrected to the satisfaction of the Building Inspector, proper application fee(s) are paid and the fine is paid in full to the Town of Sand Lake.

[Amended 4-10-2019 by L.L. No. 1-2019

C. Upon a determination by the Code Enforcement Officer that there is a material violation of the Code or this chapter, he shall serve notice either personally or by certified mail upon the owner or his authorized agent setting forth the particular violation and the provision or provisions of the Code violated. Such notice shall afford a reasonable time period to achieve compliance. Any person, firm or corporation who or which violates any provision of the Uniform Code, any provision of this chapter or the terms or conditions of a certificate of occupancy shall be liable for a civil penalty of not more than $100 for each day or part of a day that the violation continues after the time period specified in the notice, but in no event shall the aggregate fine for any violation be less than $300. The civil penalties provided shall be recoverable in an action instituted in the name of the Town Board or the Code Enforcement Officer.

D. Alternatively or in addition to an action to recover civil penalties, the Town Board or the Code Enforcement Officer may initiate any appropriate action or proceeding to restrain or enjoin any violation or to enforce any provision of the Uniform Code or the conditions of any certificate of occupancy.

§ 88-7 Penalty for disregarding or removal of notices or orders.

[Added 3-9-2005 by L.L. No. 1-2005]

The owner, occupant or lessee or agent thereof in possession of any dangerous building, or person, firm or corporation performing work thereon, who shall for a period of 20 days or longer fail to comply with an order of the Building Inspector to repair, vacate or demolish a building or who shall remove any notices provided for in this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or a term of imprisonment of not greater than six months, or both such fine and term of imprisonment. Each day that a person fails to comply with an order of the Building Inspector may be deemed a separate offense.