[HISTORY: Adopted by the Town Board of the
Town of Kent 3-7-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 27, Building Administration and Construction, adopted 1-28-2008 by L.L. No. 4-2008, as amended.
This chapter, along with Chapter 29 and Chapter 38 of the Code of the Town of Kent, 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 Town. This chapter 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 chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more person for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
Any structure having a roof supported by columns, poles or
walls, used or intended to be used for the shelter or enclosure of
persons, animals or property and used for residential, business or
industrial purposes.
The Building Inspector appointed pursuant to § 27-3 of this chapter.
A permit issued pursuant to §§ 27-8 through 27-13, inclusive, of this chapter; a building permit, construction permit, demolition permit or other permit that authorizes the performance of work. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A type of certificate issued pursuant to §§ 27-17 through 27-20, inclusive, of this chapter, stating that work was done in compliance with approved construction documents that have been submitted to and approved by the Town and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
The Chief Fire Inspector appointed pursuant to § 27-3 of this chapter.
The Code Enforcement Officer/Building Inspector appointed pursuant to § 27-3 of this chapter.
The Code Enforcement Officer/Building Inspector and all inspectors.
The Uniform Code and Energy Code.
An order issued by the Code Enforcement Officer/Building Inspector pursuant to § 27-25B of this chapter.
The New York State Energy Conservation Construction Code,
as currently in effect and adopted pursuant to Article 11 of the Energy
Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and 19 NYCRR Part 1226
and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree of hazard rating in health, flammability, or instability
of Class 3 or 4, ranked by NFPA 704 (Standard System for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 27-3 of this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to this chapter. The term "operating
permit" shall also include an operating permit which is renewed, amended,
or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 27-3 of this chapter.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 27-15 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 27-19 of this chapter.
The Town of Kent.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A.
The Building Inspector/Code Enforcement Officer (CEO) is hereby designated
to administer and to enforce the Uniform Code and the Energy Code
within the Town of Kent.
B.
The Building Inspector shall be appointed by the Town Board. 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 Town Board
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
chapter.
D.
One or more inspectors, including a Chief Fire Inspector, may be
appointed by the Town Board 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 chapter and any other chapter
of the Code of the Town of Kent. 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 Building Inspector must be a resident of the Town of Kent, Putnam
County.
F.
The compensation of such Building Inspector and inspectors shall
be fixed from time to time by the Town Board.
No Building Inspector or inspector shall engage in any activity
inconsistent with his or her duties, nor shall such Building Inspector
of inspector, during the term of his or her employment, be engaged,
directly or indirectly, in any building business, in the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the Town of Kent, excepting only that this provision
shall not prohibit the Building Inspector from such activities in
connection with the construction of a building or structure owned
by him or her and not constructed for sale.
A.
Except as otherwise specifically provided by law, ordinance or regulation,
or except as herein otherwise provided, the Building Inspector/Code
Enforcement Officer (CEO) shall administer and enforce all the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
the installation and use of materials and equipment therein, and the
location, use, occupancy and maintenance thereof. The Building Inspector
shall have the following powers and duties:
(1)
The Building Inspector shall receive, review, and approve or disapprove
applications for building permits, certificates of occupancy, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, issue building permits, certificates
of occupancy, certificates of compliance and temporary certificates,
and to include in building permits, certificates of occupancy, and
temporary certificates such terms and conditions as the Building Inspector
may determine to be appropriate;
(3)
The Building Inspector shall issue stop-work orders and 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 or regulations as may be applicable;
(4)
The Building Inspector shall review and investigate complaints;
(5)
The Building Inspector shall have the authority to issue orders pursuant to § 27-25 of this chapter;
(6)
The Building Inspector shall maintain records;
(7)
The Building Inspector shall have the authority to collect fees as
set by the Town Board of this Town;
(8)
The Building Inspector shall have the authority to pursue administrative
enforcement actions and proceedings;
(9)
In consultation with the Town's Attorney, the Building Inspector shall have the authority to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter, Chapter 29 and Chapter 38 of the Code of the Town of Kent;
(10)
The Building Inspector shall make all inspections which are necessary
or proper for the carrying out of his or her duties;
(11)
Whenever necessary or appropriate, to assure compliance with the
provisions of applicable laws, ordinances or regulations covering
building construction, the Building Inspector may require the performance
of tests in the field by experienced professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies;
and
(12)
The Building Inspector shall exercise all other powers and fulfill
all other duties conferred upon the Building Inspector by this chapter
and the Code of the Town of Kent.
A.
The Building Inspector/CEO shall keep permanent, official records
of all transactions and activities conducted by the Building Inspector,
including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All permits, building permits, certificates of occupancy, temporary certificates and stop-work orders issued, and all operating permits issued, pursuant to Chapter 38 of the Code of the Town of Kent;
(4)
All fees charged and collected;
(5)
All inspections and tests performed;
(6)
All statements, reports, notices and orders issued;
(7)
All complaints received;
(8)
All investigations conducted; and
B.
All such records shall be public records, open to public inspection
during 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.
C.
The Building Inspector shall submit monthly to the Town Clerk a written
report and summary of all business conducted by the Building Inspector,
including permits and certificates issued, fees collected, orders
and notices promulgated, inspections and tests made and appeals or
litigation pending.
D.
The Building Inspector shall annually submit to the Town Board 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 § 27-6A of this chapter and a report and summary of all appeals or litigation pending or concluded.
E.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
F.
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 Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Town in connection with administration
and enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his or her duties, the assistance
and cooperation of the Police, Fire and Health Departments or officers
and of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
Except as otherwise provided in § 27-8B of this chapter, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, 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. 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)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet (13.38 square meters); example: 12 feet by 12 feet.
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences six feet and under which are not part of an
enclosure surrounding a swimming pool, or within side and rear yards;
(5)
Construction of retaining walls three feet and under unless such
walls support a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
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
(11)
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; (electrical, HVAC, plumbing, gas, mechanical, chimneys
and vent); 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 § 27-8B of this chapter shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
The application for a building permit shall be made to the Building
Inspector on forms provided by or otherwise acceptable to the Building
Inspector. 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 contain
the following information:
(1)
A survey of the land on which the proposed work is to be done.
(2)
The Tax Map number and the street address of the premises where the
work is to be performed.
(3)
A statement of the use or occupancy of all parts of the land and
of the building or structure, including the occupancy classification
of any affected building or structure.
(4)
The valuation of the proposed work.
(5)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers if any of them
are corporations.
(6)
A description of the proposed work.
(8)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code.
(9)
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations.
E.
The application shall be made by the owner or lessee, or agent of
either, or by the architect, engineer or builder employed in connection
with the proposed work. Where such application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
F.
Plan requirements.
(1)
Each application for a building permit shall be accompanied by two
sets of plans and specifications which define the scope of the proposed
work and:
(a)
Describe the location, nature, extent and scope of proposed
work;
(b)
Show that the proposed work will conform to the applicable provision
of the Codes;
(c)
Show the location of work construction, size, and character
of all portions of means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including, but not limited to,
braced wall designs, the size, section and relative location of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new construction
and existing structures and appurtenances on the site, distance from
lot lines, the established street grade and proposed finished grades,
and, as applicable, flood hazard area, floodway and design flood elevation;
and
(i)
Evidence that the documents were prepared by a New York State
registered architect or licensed professional engineer where so required
by the Education Law Articles 147 and 145; indicate with sufficient
clarity and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the Uniform Code and the Energy
Code; and include a plot plan, drawn to scale, showing the location
and size of all proposed new construction and all existing structures
on the site, the location of any existing or proposed well or septic
system, the nature and character of the work to be performed and the
materials to be incorporated, distance between buildings and structures
and lot lines, the relationship of structures on adjoining property,
widths and grades of adjoining streets, walks and alleys, and, where
required by the Building Inspector, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data.
(2)
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Building Inspector, is of complex design,
the Building Inspector shall require the applicant to file an affidavit
signed by a licensed architect or engineer certifying that the plans
and specifications comply with the provisions of this chapter in force
on the date of the application. In such case, the Building Inspector
may, in his or her discretion, employ a licensed architect or engineer
to examine the plans.
(3)
The amount by which the cost of such examination, not exceeding 1/3 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee required by § 27-11A of this chapter, shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event that the Building Inspector employs a licensed engineer or architect under the provisions of this subsection, the Building Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter.
(4)
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Building Inspector, is of complex design,
the Building Inspector may, in his or her discretion, issue the permit
subject to the condition that an architect and/or engineer whose qualifications
are acceptable to the Building Inspector (and who may be already employed
by the owner or builder) be employed by the owner or builder to supervise
all work done under the permit, to see that the work conforms to the
approved plans and the specifications, and, forthwith upon its completion,
to make and file with the Building Inspector an affidavit or affidavits
that he or she or they have complied with all inspection requirements
of this chapter and that the work has been carried out according to
the approved plans and specifications and in accordance with the provisions
of this chapter. In such case, the Building Inspector may rely upon
such affidavit or affidavits as evidence that such building conforms
substantially to the approved plans and specifications and the requirements
of this chapter applying to buildings of its class and kind.
(5)
Plans and specifications shall bear the signature of the person responsible
for the design of the drawings.
G.
Plans and specifications will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection F of this section.
H.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector.
A.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith 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 and Energy Code and the Code of the Town of Kent. He or she shall
approve or disapprove the application within a reasonable time.
B.
Upon approval of the application and upon receipt of the legal fees
therefor, the Building Inspector shall issue a building permit to
the applicant upon the form prescribed by the Building Inspector and
shall affix his or her signature or cause his or her signature to
be affixed thereto.
C.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "Approved." One set of such approved
plans and specifications shall be retained in the files of the Building
Inspector, and the other set shall be returned to the applicant, together
with the building permit, and shall be kept at the building site open
to inspection by the Building Inspector or the authorized representative
of the Building Inspector at all reasonable times.
D.
Upon approval with modifications of the application, both sets of
plans and specifications shall be endorsed with the words "Approved
as Modified." One set of such approved as modified plans and specifications
shall be retained in the files of the Building Inspector and the other
set shall be returned to the applicant, together with the reasons
for the required modifications, and shall be kept at the building
site open to inspection by the Building Inspector or the authorized
representative of the Building Inspector at all reasonable times.
E.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all the requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Building Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
A.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
B.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of 12 months after the date of its
issuance. For good cause, the Building Inspector may allow a maximum
of two extensions for a period not exceeding six months each. A building
permit which has become invalid or which has expired after such extensions
may be renewed upon application by the permit holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
C.
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application, plans and specifications that 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.
B.
In the event that an applicant applies for a building permit after the commencement of work, the fee for such permit shall be double the fee set forth at § 27-11A.
C.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no construction has been commenced. If construction
work has been started and the application is not approved, the fees
paid shall not be refunded.
A.
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 § 27-12B is ready for inspection.
B.
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)
Inspection required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage system (blower
door), mechanical equipment size, and, where required, minimum fan
efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(10)
Installation, connection, and assembly of manufactured buildings
and manufactured homes;
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote inspection. At the discretion of the Building Inspector/Code
Enforcement Officer or inspector authorized to perform construction
inspection, a remote inspection may be performed in lieu of an in-person
inspection when, in the opinion of the Building Inspection/Code Enforcement
Officer or such authorized inspector, the remote inspection can be
performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Building
Inspector/Code Enforcement Officer or such authorized inspector that
the elements of construction process conform with the applicable requirements
of the Uniform Code and Energy Code. Should a remote inspection not
afford the Building Inspector/Code Enforcement Officer or such authorized
inspector sufficient information to make a determination, an in-person
inspection shall be performed.
D.
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 or Energy
Code. Work not in compliance with any applicable provision of the
Uniform Code or Energy Code 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.
The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances:
(1)
Where the Building Inspector finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based.
(2)
Where the Building Inspector finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3)
Where the Building Inspector finds that the work performed under
the permit is not being performed in accordance with the provisions
of the application, plans or specifications.
(4)
Where the work for which a building permit was issued violates the
Uniform Code or the Energy Code.
(5)
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
B.
Such revocation shall remain in effect until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code; 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.
Whenever the Building Inspector has reasonable grounds to believe
that the work on any building or structure is being performed without
a building permit required by this chapter; or under a building permit
that has become invalid, has expired, or has been suspended or revoked;
or in violation of the provisions of the Uniform Code, the Energy
Code, this chapter or other applicable laws, ordinances or regulations
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 not in conformity
with the provisions of the application, plans or specifications on
the basis of which a building permit was issued; or in an unsafe and
dangerous manner 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,
the Building Inspector shall notify the owner of the property or the
owner's agent or the person performing the work to suspend all
work, and any such persons shall forthwith stop such work and suspend
all building activities until the stop order has been rescinded.
B.
A stop-work order shall be in writing, shall state the reasons for
its issuance, and shall state the conditions under which the work
may be resumed.
C.
A stop-work order shall be served upon a person to whom it is directed
either by delivering it personally to him or her or by posting the
same upon a conspicuous portion of the building under construction
and sending a copy of the same by registered 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 registered mail/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.
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.
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 § 27-25 of this chapter 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.
Any building official, upon the showing of proper credentials
and in the discharge of his or her duties, may enter upon any building,
structure or premises at any reasonable hour, and no person shall
interfere with or prevent such entry.
A.
No building hereafter erected shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Building Inspector.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Building Inspector.
C.
No structure, building or portion thereof shall be converted from
one use or occupancy classification or subclassification to another
unless a certificate of occupancy authorizing such change shall have
been issued by the Building Inspector.
D.
The owner of a building for which a certificate of occupancy is required
or his or her agent shall make application for such certificate.
A.
The Building Inspector shall issue a certificate of occupancy 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 the Code of the Town of Kent, and, if applicable,
that 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. 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, shall be provided
to the Building Inspector prior to the issuance of the certificate
of occupancy:
B.
Contents of certificate of occupancy. A certificate of occupancy
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 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 and the date of issuance.
C.
Certificates of occupancy for premises that are the subject of a
conditional use of site plan approval.
(1)
An inspection of the premises shall be made by the Town Planning
Board Engineer to assure conformance with the conditional use or site
plan. A fee as set from time to time by resolution of the Town Board[1] shall be paid to the Planning Board by the applicant for
each inspection by the Town Planning Board Engineer.
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
(2)
An as-built survey plan shall be filed with and approved by the Planning
Board before any certificate of occupancy may be issued for any conditional
use or site plan.
A.
The Building Inspector shall be permitted to issue a temporary certificate
of occupancy 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 or work required by a steep slopes or
erosion control permit, after review and approval has been given by
the Town Board.
B.
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; and that all required
means of egress from the building or structure have been provided.
C.
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.
D.
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.
If the Building Inspector determines that a certificate of occupancy
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.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
The Chief of any fire department providing firefighting services
for a property within this Town 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 Town shall be identified and addressed in accordance with the procedures established by Chapter 29 of the Code of the Town of Kent, as now in effect or as hereafter amended from time to time.
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 chapter,
or any other 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 § 27-25 or 27-26 of this chapter;
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.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use or occupy or maintain
any building or structure or portion thereof in violation of any provisions
of this chapter, or to fail in any manner to comply with a notice,
directive or order of the Building Inspector, or to construct, alter
or use and occupy any building or structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy.
Violations of this chapter shall be punishable by a maximum fine of
$500. Each day that a violation continues shall be deemed a separate
offense.
B.
Compliance orders.
(1)
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 chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Building Inspector deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
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 registered or 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, return receipt
requested; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
C.
Any person who shall fail to comply with a written order of the Building
Inspector 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 this chapter or any lawful
order, notice, directive, permit or certificate of the Building Inspector
made thereunder, shall be punishable by a fine of not more than $500
or 15 days in jail, or both. Each day that an offense continues shall
be deemed to constitute a separate offense.
D.
Except as provided otherwise by law, an offense under Subsection A or C of this section 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 convicted thereof.
E.
The Building Inspector and any inspectors as may be appointed by
the Town Board shall have the authority to issue appearance tickets,
under Article 150 of the Criminal Procedure Law of this state, for
purposes of enforcement of the Uniform Code, the Energy Code and this
chapter.
F.
In addition to those penalties prescribed by the state law, any person
who violates any provision of the Uniform Code, the Energy Code or
this chapter, or any term or condition of any building permit, certificate
of occupancy, stop-work order, or other notice or order issued by
the Building Inspector pursuant to any provision of this chapter,
shall be liable for a civil penalty of not more than $200 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 Town.
G.
No remedy or penalty specified in this chapter shall be the exclusive
remedy 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 or in any other section of
this chapter, 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 any other section of this
chapter, 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 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.
An action or proceeding may be instituted in the name of this
Town, 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 chapter, or any term or
condition of any building permit, certificate of occupancy, 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 chapter. 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 chapter, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of this Town,
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 Town Board.
The Town Board may, by resolution, authorize the Supervisor
of this Town to enter into an agreement, in the name of the Town,
with other governments to carry out the terms of this chapter, 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.
If any section of this chapter 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
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
Town of Kent as required by the Uniform Code. Such determinations
shall be made in the manner specified in the Uniform Code using, where
applicable, the maps, charts, and other information provided in the
Uniform Code.
B.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
C.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
|
Climate Zone
|
Ground Snow Load
|
Special Wind Region
|
Topo Effects
|
Wind Borne Zone
|
Seismic Design
|
Weathering
|
Frost Line
|
Termite
|
Winter Design Temp
|
Ice Shield
|
Flood Hazard
|
Air Freezing
|
Mean Annual Temp
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
5
|
30 PSF
|
Yes 115-120 MPH
|
NO
|
1
|
C
|
Severe
|
42
|
Mod - Heavy
|
6 DEG
|
Yes
|
6/1/09
|
1,500 or less
|
51.6
|
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding: i) buildings in which the
only level used for parking or storage of motor vehicles is on grade;
ii) an attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and iii) a townhouse unit
with attached parking exclusively for such unit.
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments — general requirements.
(1)
The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section.
(2)
Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Kent, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment not more than six months after the effective
date of this chapter.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Town of Kent becomes aware of any new or increased deterioration which, in the judgment of the Town of Kent, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town of Kent to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Town of Kent within 30 days as fixed by the
Town of Kent. Such condition assessment report shall be sealed and
signed by the responsible professional engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
The recommended time frame for remedying the deterioration, conditions
that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review of condition assessment reports. The Town of Kent shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by order to remedy or such other means of enforcement as the Town of Kent may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town of Kent to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The Town of Kent shall retain all condition assessment reports for
the life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Town of Kent with a written statement
attesting to the fact that he or she has been so engaged, the Town
of Kent shall make the previously prepared condition assessment reports
for such parking garage (or copies of such reports) available to such
professional engineer. The Town of Kent shall be permitted to require
the owner or operator of the subject parking garage to pay all costs
and expenses associated with making such previously prepared condition
assessment reports (or copies thereof) available to the professional
engineer.
I.
This section shall not limit or impair the right or the obligation
of the Town of Kent:
(1)
To perform such construction inspections as are required by § 27-12, Construction inspections, of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by Chapter 38 of the Town Code, Fire Prevention; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Town of Kent by means of its own inspections or observations,
by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
