The Chief of the Fire Department providing fire-fighting services
for a property within the Village of Depew shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any damage,
fuel-burning appliance, chimney or gas vent.
(Note: Refer to Chapter 81 of the Village Code, Unsafe Buildings, Law of the Village of Depew, adopted by the Board of Trustees of the Village of Depew 7-25-2011 by L.L. No. 4-2011.)
A.
Operation permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR § 1225.1;
(b)
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more;
(e)
The use of an area for temporary assembly uses; and
(f)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village of Depew Board of Trustees.
(2)
Any person who proposes to undertake any activity or to operate any
type of building listed in this subsection shall be required to obtain
an operating permit prior to commencing such activity or operation.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permit. Operating permits shall be issued for
such period of time, not to exceed one year in the case of any operating
permit issued for an area of public assembly and not to exceed three
years in any other case, as shall be determined by the Code Enforcement
Officer to be consistent with local conditions. The effective period
of each operating permit shall be specified in the operating permit.
An operating permit may be reissued or renewed upon application to
the Code Enforcement Officer, payment of the applicable fee, and approval
of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
G.
Fee. Fees for operating permits must be paid at the time submission
of an application for an operating permit, for an amended operating
permit, or for reissue or renewal of an operating permit. Such fees
shall be as set forth by resolution of the Village of Depew Board
of Trustees.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
A.
Conformity with Uniform Code. All electrical installations, alterations
and repair of wiring for electric light, heat and power shall be made
in conformity with the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code).
B.
Inspection required; duties of inspectors.
(1)
Electrical inspection shall be required on all electrical installations,
alterations and repair of wiring for electric light, heat and power
and shall be made in conformity with the requirements of the Uniform
Code and the Energy Code. Individuals, firms, companies and/or corporations
performing electrical installations, alterations and/or repair of
wiring for electric light, heat and power shall obtain an electrical
inspection with an inspection agency designated by the Village of
Depew as set forth herein.
(2)
Inspections shall be performed only by inspectors who are certified
for residential, commercial and industrial inspection by the International
Association of Electrical Inspectors and who have any certifications
as required by New York State. Said inspectors shall apply for designation
as electrical inspectors by the Village of Depew Board of Trustees.
Applications shall be submitted to the Code Enforcement Officer with
all necessary forms/certificates as set forth herein.
(3)
All designated inspectors are authorized and deputized as agents
of the Village of Depew to make inspections and reinspections of all
electrical installations heretofore and hereafter described, and to
approve or disapprove the same. In no event, however, will the cost
or expense of such inspections and reinspections be a charge against
the Village of Depew.
C.
Designation by Village. A party seeking designation by the Village
of Depew Board of Trustees as an approved electrical inspection service
shall submit the following information to the Code Enforcement Officer:
(1)
The name, street address and telephone number of the applicant.
(2)
Whether the applicant is an individual, partnership or corporation.
The applicant is to provide documentation that he/she can operate
in Erie County.
(3)
Whether the applicant is doing business in another name and, if so,
said name(s).
(4)
The name, address, qualifications and training, including certificates,
of all individuals who will be performing electrical inspection services
on behalf of the applicant.
(5)
A schedule of fees. A new schedule is to be submitted each time fees
change.
(6)
A statement as to whether the applicant intends to utilize independent
contractors; if so, all independent contractor(s) shall be identified
by name, street address and telephone number along with qualifications/certificates.
D.
The applicant shall affirm the following either individually or,
if a corporation, by a duly authorized officer:
(1)
All electrical inspecting services shall be performed by person(s)
who have documented and current credentials of passing the International
Association of Electrical Inspectors test and any certification by
New York State.
(2)
If any information submitted at the time of application shall become
incomplete or outdated, the applicant will notify the Code Enforcement
Officer of all changes, in writing, within 48 hours.
(3)
No person performing electrical inspections within the Village of
Depew shall engage in electrical work for compensation or have any
financial interest in any person, partnership or corporation engaged
in performing electrical work within the Village of Depew.
(4)
Electrical inspections shall be performed during normal Village business
hours, unless prior written consent is obtained from the Code Enforcement
Officer.
(5)
The report of the inspection shall be filed with the Code Enforcement
Officer within five business days of the inspection. Said report shall
certify whether the electrical work inspected is in compliance with
the applicable codes.
(6)
The electrical inspection service shall provide to the Code Enforcement
Officer a telephone number, the use of which thereof will not impose
long-distance charges upon the Village of Depew. Calls made by the
Code Enforcement Officer to such number shall be returned within 24
hours.
(7)
The electrical inspection service will provide complimentary inspections
in response to the reasonable request(s) of the Code Enforcement Officer.
(8)
Fees charged for inspections will not be fully or partially contingent
upon approval by the electrical inspection service of the electrical
work inspected.
(9)
The electrical inspection service has received approval to perform
inspections by New York State Electric & Gas and National Grid.
(10)
The electrical inspection service shall not inspect electrical
work which another approved electrical inspection service determined
to be noncompliant with the code(s).
(11)
The electrical inspection service agrees to defend, indemnify
and hold harmless the Village of Depew with respect to all claims
of whatever nature arising against the Village of Depew or any official
or employee thereof with respect to the work performed by the electrical
inspection service. If said electrical inspection service intends
to utilize independent contractor(s), the electrical inspection service
agrees to defend, indemnify and hold harmless the Village of Depew
with respect to all claims of whatever nature arising against the
Village of Depew or any official or employee thereof with respect
to the work performed by said independent contractor. Designation
of an electrical inspector may be revoked by the Code Enforcement
Officer prior to the expiration date for violating the provisions
of this chapter or for making any materially false statement on the
application.
E.
In the event that the Code Enforcement Officer refuses to renew or
revokes or suspends a designation for an electrical inspector, the
electrical inspector shall have the right to appeal such refusal,
revocation or suspension to the Village Board of Trustees in accordance
with the following provisions:
(2)
Whenever it shall be provided herein that a hearing shall be held,
such hearing shall be held on a date and at a place and hour designated
by the Village Board.
(3)
The Village Clerk of the Village of Depew shall give notice of any
hearing to be held hereunder, stating the name and business address
of the electrical inspector concerned, the subject matter of the hearing
and the date, place and hour designated therefor, by mailing said
notice to the business address shown upon the most recent application
of such electrical inspector at least 10 days prior to the date of
such hearing.
(4)
At any hearing held for the refusal, revocation, suspension or removal
of an electrical inspector from a list, such electrical inspector
shall be entitled to be represented by legal counsel and to present
testimony or other evidence in his own behalf, as may be relevant
to the subject matter of the hearing.
F.
The party seeking to be designated by the Village of Depew Board
of Trustees as an approved electrical inspection service shall submit
the following:
(1)
Proof of liability insurance in the amount of at least $2,000,000
single limit for general liability, personal injury and property damage;
professional liability of $3,000,000; automobile liability of $1,000,000;
workers' compensation; and employees' disability.
(2)
If said electrical inspection service intends to utilize one or more
independent contractor(s), proof of liability insurance in the amount
of at least $1,000,000 single limit for personal injury and property
damage identifying as an additional insured each and every independent
contractor to be utilized.
(3)
Policies of liability insurance referenced above shall name as an
additional insured the Village of Depew. Said policies shall contain
the following clause: "In the event of any material alteration, nonrenewal,
or cancellation of this policy, at least 30 days' notice thereof
shall be given to the Village of Depew Clerk, 85 Manitou St., Depew,
New York 14043."
(4)
A remittance of $1,000 payable to the Village of Depew to include
a nonrefundable application fee in the amount of $250 as the reasonable
expense to the Village in the administration of the application process
and the amount of $750 as the reasonable expense to the Village over
the balance of five years in supervising and administrating the electrical
inspection service. The remittance of $750 shall not be refunded once
an applicant is designated as an authorized electrical inspection
service.
