[HISTORY: Adopted by the Town Board of the
Town of South Bristol 11-13-2006 by L.L. No. 2-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 58.
Electrical inspections — See Ch. 78.
Subdivision of land — See Ch. 149.
Zoning — See Ch. 170.
[1]
Editor's Note: This local law also repealed
former Ch. 84, Fire Prevention and Building Construction, adopted
8-13-1984 by L.L. No. 4-1984, as amended. In addition, in Section
1, said local law provided its purpose and intent as follows: “This
local law 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) and the Town Code in the Town of South Bristol. This local law
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 local law, all buildings, structures, and
premises, regardless of use or occupancy, are subject to the provisions
of this local law.”
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 84-3 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 84-6B of this chapter.
The Code Enforcement Officer appointed pursuant to § 84-2B of this chapter.
The official(s) appointed by the Town Board pursuant to § 84-2 of this chapter and shall include the Code Enforcement Officer and all Assistant Code Enforcement Officers.
An order issued by the Code Enforcement Officer pursuant to § 84-14A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permit issued pursuant to § 84-9 of 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.
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.
An order issued pursuant to § 84-5 of this chapter.
A certificate issued pursuant to § 84-6D of this chapter.
The Town of South Bristol.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this chapter and Chapter 148 (Steep Slopes). The Code Enforcement Officer shall have the following powers and duties:
[Amended 8-8-2011 by L.L. No. 2-2011]
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy/certificates of compliance,
temporary certificates, operating permits and steep slopes 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, operating permits and steep slopes permits, and to include
in building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates and operating permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter and Chapter 148 (Steep Slopes);
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code, this chapter or other chapters
of the Code of the Town of South Bristol, or to abate or correct conditions
not in compliance with these codes, this chapter or such other chapters
of the Code of the Town of South Bristol.
(11)
To enter upon the premises that is the subject of
a building permit, certificate of occupancy, certificate of compliance,
temporary certificate, operating permit or steep slopes permit, without
a search warrant, to inspect the work which is the subject matter
such building permit, certificate of occupancy, certificate of compliance,
temporary certificate, operating permit or steep slopes permit. An
application by any person, firm, corporation or other entity for a
building permit, certificate of occupancy, certificate of compliance,
temporary certificate, operating permit or steep slopes permit shall
be deemed a consent by the owner of the subject property to permit
the Code Enforcement Officer or any code enforcement personnel to
so enter the subject premises. The Code Enforcement Officer and code
enforcement personnel, upon the showing of proper credentials and
in the discharge of his duties, shall be permitted to enter upon any
building, structure or premises without interference during reasonable
working hours;
(12)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter;
and
(13)
To issue appearance tickets.
B.
The Code Enforcement Officer shall be appointed by
Town Board. The Code Enforcement Officer 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 Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Town Board to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
One or more Assistant Code Enforcement Officers may
be appointed by the Town Board to act under the supervision and direction
of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this chapter. Each
Assistant Code Enforcement Officer 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 Assistant Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer
and Assistant Code Enforcement Officers shall be fixed from time to
time by the Town Board of this Town.
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 Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of playhouses or similar
uses, provided the gross floor area is 144 square feet (13.38 square
meters) or less;
[Amended 4-8-2019 by L.L.
No. 5-2019]
(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)
Construction of retaining walls, unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(5)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(6)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(7)
Installation of partitions or movable cases less than
five feet nine inches in height;
(8)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(9)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(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; 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 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 by 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 proposed work;
(2)
Proof of ownership of the premises where the work
is to be performed;
(3)
The Tax Map number and the street address of the premises
where the work is to be performed;
(4)
The occupancy classification of any affected building
or structure;
(5)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(6)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code;
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines; and
(7)
Proof of compliance with New York State Workers’
Compensation Law, if applicable.
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. 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, the Energy Code and the Town Code. The Code Enforcement Officer
shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code, the Energy Code
and the Town Code
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 performed 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 24 months after
the date of issuance. A building permit which has expired pursuant
to this subsection may be renewed for one additional six-month time
period at no charge upon application by the permit holder and approval
of the application by the Code Enforcement Officer. Upon expiration
of the six-month extension period, if the authorized work has not
been completed, a building permit shall expire and a new building
permit must be applied for along with payment of any required application
fee.
[Amended 8-9-2010 by L.L. No. 3-2010]
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer 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, the Energy Code or the Town Code, the Code Enforcement
Officer shall revoke the building permit or suspend the building permit
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 the Town Code and all work then proposed
to be performed shall be in compliance with all applicable provisions
of the Uniform Code, the Energy Code and the Town Code
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or Assistant Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 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)
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)
Energy Code compliance;
(10)
Town Code compliance; 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 where the work fails to
comply with the Uniform Code, the Energy Code or the Town Code. Work
not in compliance with any applicable provision of the Uniform Code,
the Energy Code or the Town Code shall remain exposed until such work
shall have been brought into compliance with all applicable provisions
of the Uniform Code, the Energy Code and the Town Code, reinspected,
and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code, the Energy Code or the Town Code, 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
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Officer, 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
(3)
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.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Code Enforcement Officer,
state the reason or reasons for issuance, and, if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Officer 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 registered
mail. The Code Enforcement Officer 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; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. 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.
Remedy not exclusive. 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 § 84-14, Enforcement; penalties for offenses, 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.
A.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/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/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy/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, the Energy Code and the Town Code
and, if applicable, 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, the Energy Code and the Town 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/certificate of compliance. In addition, where applicable,
the following documents, prepared in accordance with the provisions
of the Uniform Code, the Energy Code and the Town 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/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/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, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance 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 Code Enforcement Officer issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
D.
Temporary certificate. The Code Enforcement Officer
shall be permitted to issue a temporary certificate 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 unless the Code Enforcement Officer 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. The Code Enforcement Officer 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, the Energy Code and the Town Code.
A temporary certificate 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. 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, the Energy Code
and the Town Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/certificate
of compliance 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 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.
The chief of any fire department providing fire-fighting
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.
Unsafe structures and equipment in this Town
shall be identified and addressed in accordance with the following
procedures:
A.
Purpose. Unsafe buildings pose a threat to life and
property in the Town of South Bristol. Buildings and structures may
become unsafe by reason of damage by fire, the elements, age or general
deterioration. Vacant buildings not properly secured at doorways and
windows also serve as an attractive nuisance for young children who
may be injured therein, as well as a point of congregation by vagrants
and transients. A dilapidated building may also serve as a place of
rodent infestation, thereby creating a health menace to the community.
It is the purpose of this section to provide for the safety, health,
protection and general welfare of persons and property in the Town
of South Bristol by requiring that such unsafe buildings be repaired
or demolished and removed.
B.
Inspection and report. When, in his own opinion or
upon receipt of information that a building is or may become dangerous
or unsafe to the general public, is open at the doorways and windows
making it accessible to and an object of attraction to minors under
18 years of age, as well as to vagrants and other trespassers, is
or may become a place of rodent infestation, presents any other danger
to the health, safety, morals and general welfare of the public or
is unfit for the purposes for which it may lawfully be used, the Code
Enforcement Officer shall cause or make an inspection thereof and
report, in writing, to the Town Board his findings and recommendations
in regard to its repair or demolition and removal.
C.
Town Board order; notice. The Town Board shall thereafter
consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous
and order its repair, if the same can be safely repaired, or its demolition
and removal and further order that a notice be served upon the persons
and in the manner provided herein.
D.
Contents of notice. The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
is unsafe or dangerous;
(3)
An order outlining the manner in which the building
is to be made safe and secure or demolished and removed;
(4)
A statement that the securing or removal of such building
shall commence within 84 days of the service of the notice and shall
be completed within 60 days thereafter, unless for good cause shown
such time shall be extended;
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of service of the notice;
(6)
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building,
the Town Board is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including expenses.
E.
Service of notice. The notice shall be served:
(1)
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested
or contingent interest in such unsafe building, as shown by the records
of the Receiver of Taxes (or Tax Collector) or of the County Clerk,
or, if no such person can be reasonably found, by mailing such owner
by registered mail a copy of such notice directed to his last known
address as shown by the above records;
(2)
By personal service of a copy of such notice upon
any adult person residing in or occupying said premises if such person
can be reasonably found; and
(3)
By securely affixing a copy of such notice upon the
unsafe building.
F.
Filing of copy of notice. A copy of the notice served
as provided herein shall be filed in the office of the County Clerk
of the County of Ontario.
G.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in Subsection I hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
H.
Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to repair and secure or demolish
and remove the unsafe building, including the cost of actually removing
such building, shall be assessed against the land on which such building
is located and shall be levied and collected in the same manner as
provided in the Town Law for levy and collection of a special ad valorem
levy.
I.
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired or secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in Subsection H hereof.
A.
Operating 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 Table 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 byproduct, 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; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Town.
(f)
Parking
garages.
[Added 1-11-2021 by L.L. No. 1-2021]
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, the Energy Code and the Town 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 Assistant
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 permits. 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.
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.
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: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the Energy Code or the Town Code exist; or 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, the Energy Code or the Town 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.
C.
OFPC inspections. Nothing in this section or in any
other provision of this chapter 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 Executive Law § 156-e and Education Law § 807-b.
[Amended 8-8-2011 by L.L. No. 2-2011]
The Code Enforcement Officer 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, Chapter 148 (Steep Slopes), or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code, the Energy Code or the Town Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer 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 § 84-14, Enforcement; penalties for offenses, 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.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(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, operating
permits and steep slopes permits issued;
[Amended 8-8-2011 by L.L. No. 2-2011]
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal 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.
A.
The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer, including a report and summary of all transactions and activities described in § 84-12, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer 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.
C.
The Code Enforcement Officer 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.
A.
Compliance orders. The Code Enforcement Officer 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, this chapter
or any other chapter of the Town Code. Upon finding that any such
condition or activity exists, the Code Enforcement Officer shall issue
a compliance order. The compliance order shall be in writing; be dated
and signed by the Code Enforcement Officer; specify the condition
or activity that violates the Uniform Code, the Energy Code, this
chapter or any other chapter of the Town Code; specify the provision
or provisions of the Uniform Code, the Energy Code, this chapter or
any other chapter of the Town Code which is/are violated by the specified
condition or activity; specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner(s) of the affected
property personally or by registered mail. The Code Enforcement Officer
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 registered mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
[Amended 8-8-2011 by L.L. No. 2-2011]
B.
Appearance tickets. The Code Enforcement Officer and
each Assistant Code Enforcement Officer are authorized to issue appearance
tickets for any violation of the Uniform Code, the Energy Code and
the Town Code.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code, this chapter or any other chapter of the Town
Code, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, steep slopes permit or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this chapter, shall be liable to 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.
[Amended 8-8-2011 by L.L. No. 2-2011]
D.
Injunctive relief. 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 other chapter of the Town Code, or any term or
condition of any building permit, certificate of occupancy/certificate
of compliance, temporary certificate, stop-work order, operating permit,
steep slopes permit, compliance order, or other notice or order issued
by the Code Enforcement Officer 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 other chapter
of the Town Code, 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 of this
Town.
[Amended 8-8-2011 by L.L. No. 2-2011]
E.
Any person who shall violate any provision of this chapter, Chapter 148 (Steep Slopes) or of any stop-work order issued hereunder shall be guilty of a violation punishable by a fine not to exceed $250.
[Amended 8-8-2011 by L.L. No. 2-2011; 6-14-2021 by L.L. No. 3-2021]
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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, in § 84-5, Stop-work orders, of this chapter, 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 § 84-5, Stop-work orders, of this chapter, in any other section of this local law, 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 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.
[Amended 4-9-2007 by L.L. No. 2-2007]
A fee schedule shall be established by resolution
of the Town Board of this Town. 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 Code Enforcement
Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the Town Supervisor of this Town to enter into an agreement,
in the name of this 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.