This article 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 article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
[HISTORY: Adopted by the Town Board of the Town of Sodus as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-2023 by L.L. No. 3-2023]
In this article, the following terms shall have the meanings shown in this section:
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 persons 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.
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 article.
A document issued by the Town stating that work was done in compliance with approved construction documents and the codes.
A document issued by the Town certifying that the building or structure, or portion thereof, complies with the 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.
Includes the CEO, Deputy CEO, inspectors and clerks.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code 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.
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, as ranked by NFPA 704 (Standard Systems 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.
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 § 46-9 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
Includes 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 § 46-15 of this article.
A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.
The Town of Sodus.
A.
The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer (CEO) shall administer and enforce all the provisions of the Uniform Code, the Property Maintenance Code, the Energy Code, Chapter 135, Zoning, Chapter 91, Parks, and this article, together with such other local laws identified by the Town Board.
B.
The CEO shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and the plans, specifications, and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and to include in terms and conditions as the CEO may determine to be appropriate building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; firesafety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to this article;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this article; and
(11)
To exercise all other powers and fulfill all other duties conferred upon the CEO by this article.
C.
The CEO shall be appointed by the Town Board. The Town Board may appoint one or more Deputy CEOs, which deputies shall have the powers and shall perform the same duties as the CEO, but always subject to the direction and control of the CEO. The Town Board may also contract the private firms to assist the CEO in performing his or her duties, including inspections and reviews, and provide for the compensation of such firm. The CEO and/or Deputy CEO 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 CEO shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. Neither the CEO nor a Deputy or an Acting CEO need be a resident or elector of the Town of Sodus, provided that he or she resides in Wayne County in the State of New York.
D.
In the event that the CEO is unable to serve as such for any reason, another individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting CEO shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the CEO by this article.
E.
One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the CEO and to assist the CEO in the exercise of the powers and fulfillment of the duties conferred upon the CEO by this article. 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
F.
The compensation for the CEO and inspectors shall be fixed from time to time by the Town Board.
G.
Restrictions on officers. No CEO, Deputy or Acting CEO or inspector shall engage in activity inconsistent with his or her duties, nor shall they, during the term of their employment, to the extent that a CEO, Deputy or Acting CEO or inspector is engaged directly or indirectly in any construction business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans and specifications thereof within the jurisdiction of the Town of Sodus, be involved with any inspection, permitting or other activity on behalf of the Town in connection with their own projects. Neither shall they be engaged in any business the primary purpose of which is the sale, leasing, installation and/or maintenance of fire-protection equipment. Nothing contained herein shall prohibit any such employee from such activities in conjunction with the construction of a building or structure owned by him or her, and not constructed for sale.
H.
Identification. The CEO and any subordinates shall carry proper identification when inspecting structures or premises in the performance of duties under this article or the Uniform Code.
I.
Administration guidelines. The CEO shall have the authority to adopt written administrative guidelines covering those activities not specifically covered by this article or the Uniform Code, such as procedures for handling complaints, conducting inspections, issuing violation notices, and establishment of an order of authority within his or her Department.
J.
Relief from personal liability. No CEO, Deputy or Acting CEO shall, while acting pursuant to the provisions of this article or the Uniform Code, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of their official duties, provided that such acts are performed in good faith and without gross negligence.
K.
Legal defense. In any suit instituted against any officer or employee in the lawful discharge of duties and under the provisions of this article and the Uniform Code, shall be defended by the legal representative of the Town of Sodus until the final termination of the proceedings. The CEO or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this article or the Uniform Code; and any officer or employee of the Code Enforcement Office, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
L.
Intermunicipal agreements. The Town Board of the Town may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this article and/or assist the CEO, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, 19 NYCRR Part 1203, or any other applicable law.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, 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 Town.
B.
Exemptions. No building permit shall be required for work in any of the following categories:
(1)
Construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(2)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3)
Installation of partitions or movable cases less than five feet nine inches in height;
(4)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(5)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(6)
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
C.
Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1)
A description of the location, nature, extent, and scope of the proposed work;
(2)
The Tax Map number and the street address of any affected building or structure;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications) which:
(a)
Describe the location, nature, extent, and scope of the proposed work;
(b)
Show that the proposed work will conform to the applicable provisions of the codes;
(c)
Show the location, construction, size, and character of all portions of the 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 locations 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, drawn 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, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Office shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code, Chapter 135, Zoning, and such other laws as may be applicable.
G.
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H.
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which 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 Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer 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.
I.
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the CEO determines that a building permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the CEO shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the CEO or by an inspector authorized by the CEO. The permit holder shall notify the CEO when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. 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)
Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, 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 factory manufactured buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. 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.
Certificates of occupancy and certificates of compliance required. A certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or certificate of compliance 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, 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 Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a certificate of occupancy or certificate of compliance. 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 Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy or certificate of compliance 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 (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of the building permit; and
(9)
The signature of the Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Code Enforcement Officer 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. However, in no event shall the Code Enforcement Officer issue a temporary certificate of occupancy unless the Code Enforcement Officer determines 1) that the building or structure, or the portion thereof covered by the temporary certificate of occupancy, may be occupied safely, 2) that any required fire and life safety components, such as fire-protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and 3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a temporary certificate of occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A temporary certificate of occupancy shall be effective for a period of time not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate of occupancy. During the specified period of effectiveness of the temporary certificate of occupancy, 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.
E.
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy, certification of compliance, or a temporary certificate of occupancy was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 46-17, Fees, of this article must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.
G.
Issuance. Within 10 business days after receipt of written notification that land or a building or structure is ready for occupancy or use, it shall be the duty of the CEO, or his or her deputies or agents, to make a final inspection and issue a certificate of occupancy if the land, building, or structure is found to conform with the provisions of this article, the Uniform Code, the Energy Code, Chapter 135, Zoning, and the Town land development regulations. Where applicable, the CEO may require the preparation and submission of a written statement of structural observations, final report of special inspections, and/or flood hazard certifications, prepared in accordance with the Uniform Code.
H.
Refusal. If the CEO, after such final inspection, refuses to issue a certificate of occupancy or certificate of compliance, such refusal, with the cause, specifying whether refusal is based upon this article, Chapter 135, Zoning, the Town land development regulations, the Uniform Code, Energy Code or otherwise, shall be stated in writing, and notice of such refusal, immediately be sent via certified mail to the applicant at the address indicated on the application.
I.
Effect. The issuance of a certificate of occupancy or certificate of compliance shall in no case be construed as waiving any provision of this article, Chapter 135, Zoning, or other applicable law. Further, issuance of a certificate of occupancy or certificate of compliance does not constitute any representation, guarantee, or certification of the Town that the applicant's use, land, building or structure complies with applicable federal, state or local laws, ordinances, rules or regulations, or is functional or safe to use or occupy.
The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, or gas vent. The CEO shall be notified of any unauthorized release of any quantity of hazardous materials that is reportable under state or federal regulations.
A.
All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation in accordance with the procedure of this section.
B.
The CEO shall examine or cause to be examined every building or structure reported as unsafe or damaged and shall make a written record of such examination.
C.
The CEO may cause the correction, repair, remediation, or removal, or otherwise make secure, any building, structure or condition on any property that poses a threat to public health, safety or the environment, including unsafe or collapsed buildings as provided by New York Town Law § 130, Subdivision 16, and also including any damaged, destroyed, abandoned, or vacant structure or equipment, provided:
(1)
The CEO inspects the property and, upon observing a condition that is found to be a threat to public health, safety or the environment, provides notice of such finding to the property owner and seeks corrective action by the property owner. Within 30 days of receipt (or within a shorter time if specified by the CEO due to the exigency of the situation), the property owner shall deliver to the CEO a written response either A) committing to a schedule for corrective actions sufficient to eliminate the threat or potential threat; or B) specifying any disagreement with the findings of the CEO. In the event the CEO is unsuccessful in obtaining sufficient corrective action by the property owner, the CEO may file a written report with the Town Clerk finding the building, structure or other condition to be unsafe or collapsed, or otherwise a threat to public health, safety or the environment.
(2)
The CEO causes a notice to be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by certified mail, addressed to the last-known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the office of the Wayne County Clerk, containing a description of the property, a statement of the particulars in which the building, structure or condition is unsafe or dangerous or otherwise a threat to public health, safety or the environment, and an order requiring same to be corrected, repaired, remediated, secured, or removed; and if such service is made by certified mail, a copy of such notice shall be posted on the property.
(3)
The notice referred to in § 46-8C(2) must allow the person served with such notice at least 10 days to correct, repair, remediate, secure, or remove the building, structure or other condition, unless there is an imminent threat to public health or safety, in which case a shorter time period shall be allowed as may be deemed necessary by the CEO under the circumstances.
(4)
The notice referred to in § 46-8C(2) shall be filed in the office of the Wayne County Clerk, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the New York Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as provided in that Article 65, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney or the attorney for the Town. The Wayne County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
(5)
A hearing on the proposed correction, repair, remediation, security or removal shall be held before the Town Board, and the notice shall also specify the time and place of the hearing.
(a)
At the hearing, the Town Board may take testimony, and shall review the written report of the CEO. If it finds that a) the procedure of this subsection has been complied with; b) the building, structure or condition poses a threat to public health, safety, welfare or the environment, including a building that is unsafe or collapsed; and c) correction, repair, remediation, security or removal of the building, structure or condition would protect public health, safety, welfare or the environment, and would be in the public interest; it shall approve the correction, repair, remediation, security or removal of the building, structure or condition.
(b)
In the event the owner fails or refuses to correct, repair, remediate, secure or remove the building, structure or condition within the time provided, and the Town Board has authorized such action as provided in § 46-8C(5), the CEO may cause the correction, repair, remediation, security or removal of the building, structure or condition.
(c)
The Town Board may, by resolution, assess all costs and expenses incurred by the Town in connection with the proceedings to correct, repair, remediate, secure or remove, including the cost of actually correcting, repairing, remediating, securing or removing the building, structure or condition, against the property on which the building, structure or condition is located.
D.
If the CEO finds that there is actual and immediate danger of failure or collapse as to endanger life, the notice required by § 46-8C(2) shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the CEO. The CEO shall cause to be posted at each entrance to such building a notice: "This building is unsafe, and its use or occupancy has been prohibited by the Town of Sodus Code Enforcement Office." Such notice shall remain posted until the required repairs are made or demolition is completed. If shall be unlawful for any person, firm or corporation, or their agents or other servants, to remove such notice without written permission of the CEO or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
E.
In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Town Attorney shall be advised of all the facts in the case and shall institute an appropriate action in the courts to compel compliance when authorized by the Town Board.
F.
In case of emergency which, in the opinion of the CEO, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance at such cost as may be necessary. He may vacate adjacent structures and protect the public by barricades or such other means as may be necessary, and for this purpose, he may close a public or private way.
G.
The CEO or his or her authorized representative shall have the authority to disconnect a utility service or energy supplied to a building, structure, or building service equipment regulated by the Uniform Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The CEO shall, whenever practicable, notify the serving utility, the owner and occupant of the building, structure, or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or service equipment, in writing, of such disconnection immediately thereafter. For purposes of this section, the term "building service equipment" shall mean the plumbing, mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use.
H.
Costs incurred under this section shall be paid out of the Town treasury upon certificates of the CEO. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
A.
Requirement. Any person who proposes to undertake any of the following activities or to operate any type of the following buildings shall be required to obtain an operating permit prior to commencing such activity or operation.
(1)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section or title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
(b)
Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire by-products or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces (does not apply to agricultural burns done in compliance with New York State Department of Environmental Conservation regulations and requirements);
(l)
Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle in accordance with the permitting requirements established by the Town Board;
(3)
Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(7)
Parking garages;
(8)
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by Town Board;
(9)
Bed-and-breakfasts;
(10)
Short-term residential rentals;
(11)
Manufactured home parks or RV parks;
(12)
Mining;
(13)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board.
C.
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the CEO. Such application shall include such information as the CEO deems sufficient to permit a determination by the CEO that quantities, materials, and activities conform to the requirements of the Uniform Code. If the CEO 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 CEO, at the expense of the applicant.
D.
Inspections. The CEO or an inspector authorized by the CEO shall inspect the subject premises prior to the issuance of an operating permit.
E.
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 CEO may require a separate operating permit for each such activity, or the CEO may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows:
G.
Revocation or suspension of operating permits. If the CEO 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.
A.
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the CEO or an inspector designated by the CEO at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly area;
(2)
At least once every 12 months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential occupancies.
B.
Such an inspection shall be performed by the CEO, his or her deputy, or his agent, including private firms retained by the Town Board.
C.
In addition to the inspections required, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the CEO 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 CEO 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 CEO of any other information, reasonably believed by the CEO 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.
D.
Nothing in this section 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.
E.
Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under New York Executive Law § 156-e or New York Education Law § 807-b.
F.
Fee. The fee determined by the Town Board for such inspections must be paid prior to or at the time each inspection is performed. This subsection shall not apply to inspections performed by OFPC.
G.
Outdoor fires, including bonfires and rubbish fires, shall not be permitted unless legally authorized by New York State Department of Environmental Conservation laws and regulations governing such fires. The Fire Department and CEO shall be notified whenever outdoor burning is being conducted. Notification shall include such information as time and location.
A.
The CEO shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town 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. 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:
The CEO shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this article, the Uniform Code, the Energy Code, Chapter 135, Zoning, or the Town land development regulations or the Town Dock and Mooring Law. The process for responding to a complaint shall include such of the following steps as the CEO 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 or entity 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 § 46-15;
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.
Recordkeeping. The CEO shall keep permanent official records of all transactions and activities conducted by the CEO and his or her deputies. All such records shall be public records open for public inspection during normal business hours after submitting a Freedom of Information Law request, which requirement is waived if the requestor is the property owner. All plans and records pertaining to buildings or structures, or appurtenances, shall be retained for at least the minimum time period so required by state law and regulation. This section shall apply to the following:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders or orders to remedy, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other activities of the CEO or Deputy CEOs specified in this article; and
(9)
All fees charged and collected.
B.
Reporting.
(1)
The CEO shall annually submit to the Town Board a written report and summary of all business conducted by the CEO and the inspectors, including a report and summary of all transactions and activities described in this article, and a report and summary of all appeals or litigation pending or concluded.
(2)
The CEO shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.
(3)
The CEO 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 the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.
A.
Violations unlawful. It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion of a building or structure in violation of any provisions of this article or fail in any manner to comply with any notice, directive or order of the CEO 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.
B.
Orders to remedy. The CEO is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, premises or equipment in violation of this article, the Uniform Code, the Energy Code, Chapter 135, Zoning, or the Town land development regulations, or that is unsafe. Upon finding that any such condition or activity exists, the CEO shall issue an order to remedy. The order to remedy shall:
(1)
Be in writing;
(2)
Be dated and signed by the CEO;
(3)
Specify the condition or activity that violates this article, the Uniform Code, the Energy Code, Chapter 135, Zoning, or the Town land development regulations, or that is unsafe;
(4)
Specify the provision or provisions of this article, the Uniform Code, the Energy Code, Chapter 135, Zoning, or the Town land development regulations which is/are violated by the specified condition or activity, or that is unsafe;
(5)
Specify the period of time which the CEO deems to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified period of time;
(7)
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time;
(8)
Be served on the owner of the affected property personally or by certified mail within five days of the date of the order to remedy; and
(9)
May also 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 registered or certified mail; provided, however, that failure to serve any person mentioned in this Subsection B(9) shall not affect the efficacy of the order to remedy.
C.
Appearance tickets. The CEO, including the Deputy and Acting CEO, and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
D.
Stop work orders. The CEO is authorized to issue stop-work orders pursuant to this subdivision.
(1)
Issuance. The CEO shall issue a stop-work order to halt:
(a)
Any work that is determined by the CEO to be contrary to any applicable provision of law, the Uniform Code, the Energy Code, Chapter 135, Zoning, the Town land development 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
(b)
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the CEO, 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
(c)
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
(2)
Content. A stop-work orders shall be in writing, shall be dated and signed by the CEO, shall state the reason or reasons for issuance, and if applicable, shall state the conditions which must be satisfied before work will be permitted to resume.
(3)
Service of stop-work orders. The CEO shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and if the owner is not the permit holder, on the permit holder) personally or by certified mail. The CEO 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 certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
(4)
Effect. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person or entity performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the CEO to correct the reason for issuing the stop-work order.
(5)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection D(1) 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 this article 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.
E.
Civil action. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this article, the Town Board may bring an appropriate civil action or proceedings in State 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 this article, the Uniform Code, the Energy Code, and/or Chapter 135, Zoning, to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land to prevent any illegal act, conduct, business, or use in or about such premises.
F.
Penalties.
(1)
Criminal. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this article or any written order of CEO directing compliance with this article shall be guilty of any offense and, upon conviction thereof, shall be subject to a fine of not more than $50, or imprisonment for a period of not more than 15 days, or both such fine and imprisonment for each offense. However, a person, firm or corporation convicted of a second or other repeated violation of this article, with at least one previous violation occurring within the period of five years immediately preceding the latest violation, shall be guilty of a misdemeanor, and shall be subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both such fine and imprisonment, for each offense.
(2)
Civil. Any person who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this article or any written order of the CEO directing compliance with this article shall be deemed to have violated this article, and shall be liable to pay the Town a civil penalty of up to $1,000 for each such violation. Such a civil penalty may be assessed in any action or proceeding brought by the Town, pursuant to the New York Town Law or New York Executive Law, to enforce the provisions of this article.
(3)
Continuous violations. Each day a violation or offense is continued or not corrected shall be deemed a separate violation or offense.
(4)
Injunctive relief. An action or proceeding may be instituted in the name of this Town in the New York Supreme Court, to prevent, restrain, enjoin, correct, or abate any violation of or to enforce, any provision of the Uniform Code, the Energy Code, this article, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article. 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 article, or any stop-work order, order to remedy or other order obtained under the Uniform Code, the Energy Code or this article, 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 subdivision shall be commenced without the appropriate authorization from the Town Board.
G.
Remedies not exclusive. No remedy or penalty specified in this article shall be the exclusive remedy or penalty available to address any violation described, 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 article, 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 article, 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 for or limitation of, the remedies and penalties specified in New York Executive Law § 382, 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 New York Executive Law § 382.
Except where any provision of this article or the Uniform Code is directly contrary to a provision of Chapter 135, Zoning, that law shall remain in full force and effect, and administered, to the greatest extent possible, in harmony with this article and the Uniform Code. When a building permit or certificate of occupancy is required by both this article and Chapter 135, Zoning, only one application need be submitted, and one permit or certificate need be issued, and such application, permit or certificate shall satisfy the requirements of both such law, as long as it complies with the requirements of each such law.
[Amended 10-8-2024 L.L. No. 2-2024]
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the CEO described in or contemplated by this article. Fees for villages, towns, emergency medical services, and fire departments are waived.