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:
ASSEMBLY AREA
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.
BUILDING
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.
BUILDING PERMIT
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.
CERTIFICATE OF COMPLIANCE
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 and the Codes, generally for equipment and nonhabitual use.
CERTIFICATE OF OCCUPANCY
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.
CODES
The Uniform Code and Energy Code.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer/Building Inspector pursuant to §
27-25B of this chapter.
ENERGY CODE
The New York State Energy Conservation Construction Code,
as currently in effect and adopted pursuant to Article 11 of the Energy
Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
HAZARDOUS PRODUCTION MATERIALS
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.
INSPECTOR
An inspector appointed pursuant to §
27-3 of this chapter.
MOBILE FOOD PREPARATION VEHICLES
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.
OPERATING PERMIT
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.
ORDER OF REMEDY
An order issued by the Code Enforcement Officer pursuant to §
27-3 of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
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.
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.
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.
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.
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.
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.