[Adopted 9-7-1976 by L.L. No. 8-1976 as Ch. 7, Art. I, of the 1969 Code]
[Amended 4-15-2003 by L.L. No. 1-2003; 6-17-2014 by L.L. No. 28-2015]
The Building Official and/or Assistant Building Official shall be responsible for supervising and administering the provisions of this article. The Town of Binghamton hereby adopts all provisions of the New York State Building and Maintenance Code and applicable reference standards, including as hereinafter amended or modified. Reference is also made to Chapter 125, Fire Prevention; Chapter 165, Property Maintenance; Chapter 173, Sewers; and Chapter 187, Illicit Discharges, for additional rules and regulations.
In the absence of the Building Official or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building Official and to exercise all the powers conferred upon him by this article.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Supervisor, with the approval of the Town Board, may appoint one or more Assistant Building Official(s), with the compensation of such Assistant Building Official(s) to be fixed by the Town Board at the time the appointment is approved. The Assistant Building Official(s) shall act under the supervision and direction of the Building Official and exercise any portion of the Building Official's duties as directed by the Building Official.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Building Official shall not engage in any activity inconsistent with his duties or with the interests of the Town; 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 Town of Binghamton, 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.
A. 
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Building Official 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.
B. 
He shall promulgate rules and regulations, subject to the approval of the Town Board of the Town of Binghamton, 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.
C. 
He 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 insuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.
D. 
He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building, and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall 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 Building Officials or other employees of the Department of Buildings, or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
[Amended 4-15-2003 by L.L. No. 1-2003]
E. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he 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.
F. 
He shall issue a certificate of occupancy, where appropriate, for a building constructed or altered in accordance with the provisions of the State Uniform Fire Prevention and Building Code, which such certificate shall certify that the building conforms to the requirements of the Uniform Code.
A. 
The Building Official shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.
B. 
The Building Official shall annually, on or before December 1, submit to the Town Board a written report and summary of all business conducted by him during the preceding 12 months, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded.