[Amended 3-16-2000 by L.L. No. 2-2000]
A. 
In general, a local government is charged with the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) unless the local government has opted to decline that responsibility.
B. 
The Town of Minden has determined it is in the best interest of the town to exercise such responsibility.
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 Town of Minden. 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 for a building permit may be obtained from the Town Clerk. A completed application may be delivered or mailed to the office of the Town Clerk, or delivered or mailed to the Code Enforcement Officer, and must include:
(1) 
The signature of the applicant or authorized agent;
(2) 
A description of the site on which the proposed work is to be done;
(3) 
A statement of the use or occupancy of all parts of the land and of the proposed building or structure;
(4) 
A brief description of the proposed work;
(5) 
The estimated cost of the proposed work, with appropriate substantiation;
(6) 
The full name and address of the owner and the applicant and, if either is a corporation, the names and addresses of responsible officers;
(7) 
Three sets of plans and specifications for the proposed work; and
(8) 
Payment of the fee specified in this article.
C. 
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.
D. 
The applicant shall notify the Town 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.
E. 
A building permit issued pursuant to this article shall be prominently displayed on the property or premises to which it pertains.
F. 
A building permit issued pursuant to this article 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.
G. 
A building permit issued pursuant to this article shall expire three years from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that:
(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; and
(3) 
The renewal fee is paid.
A. 
No building erected subject to the Uniform Code and this article 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 his 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.
A. 
Work for which a building permit has been issued under this article 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 his agent to inform the appropriate inspector that the work is ready for inspection and to schedule such inspection.
B. 
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: 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; all buildings or structures open to the general public: every six months; all other buildings: every 12 months. 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.
A. 
The inspections required by § 50-12 of this article may be performed by employees or agents of the Town of Minden. 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 § 50-12 of this article may be required by the Town of Minden to have such inspection performed at such person's own cost and expense by a competent inspector acceptable to the town. 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 town. Such inspector shall certify the results of his inspection to the Town of Minden. Any person required by the town to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this article.
Fees for building permits and other inspections and fees related to building construction shall be as set forth from time to time by the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
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; or 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 Town Attorney of the Town of Minden.
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 $1,000 per day of violation, as set forth in Executive Law § 382, Subdivision 2. No building permit shall be issued until any outstanding fine has been paid.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 $1,000 per day of violation or imprisonment not to exceed one year, or both, as set forth in Executive Law § 382, Subdivision 2, and each day such violation continues shall constitute a separate violation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
An action or proceeding in the name of the Town of Minden 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 Town of Minden until such party pays a $150 civil penalty to the Town Clerk.