This chapter shall provide the basic method
for administration and enforcement of the fire prevention provisions
of the Uniform Fire Prevention and Building Code in the Village of
Fort Plain and shall establish powers, duties and responsibilities
in connection therewith.
There is hereby designated an inspector to administer
and enforce the fire prevention provisions of the Uniform Fire Prevention
and Building Code within the Village of Fort Plain.
The inspector shall keep official records of
all permits, inspection reports, recommendations, complaints and violation
orders.
There is hereby designated in the Village of Fort Plain, New York, a public official to be known as the "Code Enforcement Officer(s)," who shall be appointed by the Mayor with the approval of the Village Board of Trustees at a compensation to be fixed by it, for purposes of enforcement of these provisions as set forth in §
69-14.
In the absence of the Code Enforcement Officer(s),
or in the case of his inability to act for any reason, the Mayor shall
have the power, with the consent of the Village Board of Trustees,
to designate a person to act in behalf of the Code Enforcement Officer(s)
and to exercise all the powers conferred upon him by this chapter.
A Code Enforcement Officer(s) or an officer
or employee of the Building Department shall not engage in any activity
inconsistent with his duties or with the interests of the Building
Department 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 Village
of Fort Plain, New York, excepting that this provision shall not prohibit
any employee from engaging in any 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.
Building construction fees shall be as prescribed
in the schedule of fees adopted by the Village Board of Trustees.
In accordance with § 383 of Article
18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law
as well as any regulation or rule promulgated by the Code Enforcement
Officer(s) in accordance with the applicable laws or to fail in any
manner to comply with a notice, directive or order of the Code Enforcement
Officer(s) or to construct, alter, use or occupy any building or structure
or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
B. Any person who shall fail to comply with a written
order of the Code Enforcement Officer(s) within the time fixed for
compliance therewith and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of law or any lawful order, notice, directive, permit or certificate
of the Code Enforcement Officer(s) made thereunder shall be punishable
by fine or imprisonment, or both. Each day that a violation continues
shall be deemed a separate offense.
C. Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness or otherwise of any person found guilty
of such an offense.
Appropriate action and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
[Added 2-20-2001 by L.L. No. 2-2001]
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, except as provided for herein, nor install heating equipment,
without having applied for and obtained a permit from the Village
of Fort Plain. No permit shall be required for the performance of
necessary repairs which do not involve material alteration of structural
features, and/or plumbing, electrical or heating/ventilation system,
including, for example, the replacement of siding and roofing materials,
nor the erection of fences, nor for the construction of residential
storage sheds and other small noncommercial structures less than 150
square feet of gross floor area which are not intended for use by
one or more persons as quarters for living, sleeping, eating or cooking;
for example. a small storage building. Such work shall nevertheless
be done in conformance with the Uniform Code.
B. Applications.
(1) Applications for a building permit may be obtained
from the Village Clerk. A completed application may be delivered or
mailed to the office of the Village Clerk, or delivered or mailed
to the Code Enforcement Officer, and must include:
(a)
The signature of the applicant or authorized
agent;
(b)
A detailed description of the site in which
the proposed work is to be completed;
[Amended 8-17-2021 by L.L. No. 1-2021]
(c)
A statement of the use or occupancy of all parts
of the land and of the proposed building or structure;
(d)
A brief description of the proposed work;
(e)
The estimated cost of the proposed work, with
appropriate substantiation;
(f)
The full name and address of the owner and the
applicant and, if either be a corporation, the names and addresses
of responsible officers;
(g)
Three sets of plans and specification for the
proposed work shall include, but not be limited to, measurements and
a general drawing of the work to be completed;
[Amended 8-17-2021 by L.L. No. 1-2021]
(h)
Payment of the fee specified in this chapter;
(i) Village taxes, charges, service fees relating to the parcel are not
past due and owing.
[Added 8-17-2021 by L.L. No. 1-2021]
(2) The applicant may request that the requirement of
plans and specifications be waived where the work to be done involves
minor alterations or are otherwise unnecessary.
C. The applicant shall notify the Village Clerk of any
changes in the information contained in the application during the
period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work is determined to conform to the requirements of the
Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein.
D. A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
E. A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
a misrepresentation or falsification of a material fact in connection
with the application for the permit.
F. A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever shall occur first. The permit may, upon written
request, be renewed for successive six-month periods, provided that:
[Amended 8-17-2021 by L.L. No. 1-2021]
(1) The permit has not been revoked or suspended at the
time the application for renewal is made;
(2) The relevant information in the application is up
to date;
(3) The renewal fee is paid; and
(4) Village
taxes, charges, service fees relating to the parcel are not past due
and owing.
[Added 2-20-2001 by L.L. No. 2-2001]
A. No building erected subject to the Uniform Code and
this chapter shall be used or occupied, except to the extent provided
in this section, until a certificate of occupancy has been issued.
No building similarly enlarged, extended or altered, or upon which
work has been performed which required the 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
has been issued. No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
the change has been issued. The owner or the owner's agent shall make
application for a certificate of occupancy.
B. A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if specified within it. A temporary certificate of occupancy may,
at the discretion of the Code Enforcement Officer, be renewed an indefinite
number of times.
C. No certificate of occupancy 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 and upon
payment of the appropriate fee.
[Added 2-20-2001 by L.L. No. 2-2001]
A. Work for which a building permit has been issued under
this chapter shall be inspected for approval prior to enclosing or
covering any portion thereof and upon completion of each stage of
construction, including, but not limited to, building location, site
preparation, excavation, foundation, framing, superstructure, electrical,
plumbing and heating and air conditioning. It shall be the responsibility
of the owner, applicant or the owner's agent to inform the appropriate
inspector that the work is ready for inspection and to schedule such
inspection.
B. Schedule for inspections.
(1) Existing buildings not subject to inspection under Subsection
A of this section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule:
(a)
All areas of public assembly defined in the
Uniform Code, all buildings or structures containing areas of public
assembly, and the common areas of multiple dwellings: every three
months.
(b)
All buildings or structures open to the general
public: every six months.
(c)
All other buildings: every 12 months.
(2) Notwithstanding any requirement of this subsection
to the contrary, no regular, periodic inspections of occupied dwelling
units shall be required; provided, however, that this shall not be
a limitation on inspections conducted at the invitation of the occupant
or where conditions on the premises threaten or present a hazard to
public health, safety or welfare.
[Added 2-20-2001 by L.L. No. 2-2001]
A. The inspections required by §
69-21 may be performed by employees or agents of the Village of Fort Plain. Such inspectors are authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by registered or certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected, which time period shall not exceed 30 days unless a longer period is required for good cause shown. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
B. A person subject to inspection under §
69-21 may be required by the Village of Fort Plain to have such inspection performed at such person's own cost and expense by a competent inspector acceptable to the village. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the village. Such inspector shall certify the results of his inspection to the Village of Fort Plain. Any person required by the village to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this chapter.
[Added 2-20-2001 by L.L. No. 2-2001]
A. The inspector shall conduct periodic inspections for
compliance with the provisions of the Fire Prevention provisions of
the Uniform Fire Prevention and Building Code. Such inspections may
be made at any reasonable time.
B. If entrance to make an inspection is refused or cannot
be obtained, the inspector may apply to any court of competent jurisdiction
for a warrant to make an inspection.
[Added 2-20-2001 by L.L. No. 2-2001]
A. A person owning, operating, occupying or maintaining
property or premises within the scope of the fire prevention provisions
of the Uniform Fire Prevention and Building Code or this chapter shall
comply with all the provisions of the fire prevention provisions of
the Uniform Fire Prevention and Building Code, this chapter, and all
orders, notices, rules, regulations or determinations issued in connection
therewith.
B. Whenever the inspector finds that there has been a
violation of the fire prevention provisions of the Uniform Fire Prevention
and Building Code, this chapter, or any rule or regulation adopted
pursuant to this chapter, a violation order shall be issued to the
persons responsible.
C. Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
D. Violation orders may be served by personal service,
by mailing by registered or certified mail.
E. In case the owner, lessor, occupant or the agent of
any of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified in the violation order,
a request to take appropriate legal action shall be made to the Village
Attorney of the Village of Fort Plain.
[Added 2-20-2001 by L.L. No. 2-2001]
A. Failure to obtain a building permit prior to the commencement
of any work requiring a permit shall result in a fine not to exceed
$500. No building permit shall be issued until any outstanding fine
has been paid.
B. Failure to comply with any other provision of the
fire prevention provisions of the Uniform Fire Prevention and Building
Code, this chapter, rules or regulations adopted pursuant to this
chapter, or a violation order shall be deemed a violation and the
violator shall be liable for a fine of not to exceed $250 or imprisonment
not to exceed 60 days, or both, and each day such violation continues
shall constitute a separate violation.
C. An action or proceeding in the name of the Village
of Fort Plain may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the fire prevention provisions of the Uniform
Fire Prevention and Building Code, this chapter, rule or regulation
adopted pursuant to this chapter, or a violation order, or to vacate
the occupancy or building in the case of imminent danger to life or
property. Such remedy shall be in addition to penalties otherwise
prescribed by law.
D. In the event that any person, firm, corporation, association
or other organization shall commence any work requiring a permit without
first obtaining a permit, then in addition to being subject to the
issuance of a violation order, a court action and fine, no building
permit shall be issued to such party for any work to be performed
in the Village of Fort Plain until such party pays a $150 civil penalty
to the Village Clerk.
[Added 2-20-2001 by L.L. No. 2-2001]
Fees for building permits, renewals, certificates
of occupancy and other related services under this chapter shall be
as set forth in the Appendix and as may be modified from time to time by the resolution
of the Fort Plain Village Board of Trustees.