This Article shall provide the basic method
for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code as it concerns the building construction,
manufactured housing, existing buildings and housing maintenance in
the Town of Stanford and shall establish powers, duties and responsibilities
in connection therewith.
There is hereby designated in the Town of Stanford
a public official to be known as the "Building Inspector," who shall
be appointed by the Town Board at a compensation to be fixed by it.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of law, ordinances and regulations applicable of the construction,
alterations, repair, removal and demolition of buildings and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof or additions thereto and shall examine the premises
for which such applications have been received or such permits have
been issued for the purpose of ensuring compliance with laws, ordinances
and regulations governing building construction.
C.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require at the
expense of the applicant, the performance of tests in the field by
experienced, professional persons or accredited and authoritative
testing laboratories or service businesses or agencies.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits issued and certificates issued,
inspection reports and notices and orders issued.
B.
The Building Inspector shall annually submit to the
Town Board a written report and summary of all business conducted
by him, including permits and certificates issued, orders and notices
promulgated, inspections and tests made and appeals or litigations
pending.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Inspector for
each such building or structure, except that no building permit shall
be required for ordinary exterior repairs such as roof replacement
or repair, patch repair, new siding, window replacement, and such
interior renovation and remodeling of ceilings, wells and floors.
B.
Application for a building permit shall be to the
Building Inspector on forms provided by him and shall contain the
following information:
C.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application and submission of all plans requested by him within a
reasonable time not to exceed 20 days.
B.
Upon approval of the application and upon receipt
of the proper fee therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereon.
C.
If the application, together with the plans and other
documents filed therewith, propose work which does not conform to
all of the requirements of the applicable building regulations, the
Building Inspector shall disapprove the same and shall return the
plans and specifications to the applicant. Upon request of the applicant,
the Building Inspector shall cause such refusal, together with the
reasons therefor, to be transmitted to the applicant in writing.
D.
The Building Inspector shall file or cause to be filed
with the Board of Assessors a copy of each building permit issued.
A.
A building permit shall be in effect for one year
only. If operation is not completed within one year, the applicant
must apply to the Building Inspector for a new permit.
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances and regulations. All work
shall conform to the approved application.
[Amended 1-9-1986 by L.L. No. 1-1986; 9-13-1990 by L.L. No.
3-1990; 9-11-2003 by L.L. No. 4-2003]
The Town Board of the Town of Stanford shall,
by resolution adopted by at least three affirmative votes of the Town
Board members, set the fees to be charged for all construction, building
permits, inspections, and renewals. Such fees or charges may be changed
from time to time by the Town Board by a resolution adopted in compliance
with New York Town Law. The Town Clerk and the Building Department
shall keep a list of such current fees and costs.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that there has been any false statements
or misrepresentations as to material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans and specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted on violation of the provisions of the applicable building
laws, ordinances and regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent, or
the person performing the work, to suspend all building activities
until stop order has been rescinded. Such order and notice shall be
in writing, shall state the conditions under which the work may be
resumed, and may be served upon a person to whom it is directed either
by delivering it personally to him or by posting the same upon a conspicuous
portion of the building under construction and sending a copy of the
same by registered mail.
Any building official, upon showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall be used or occupied in whole or part until
a certificate of occupancy has been issued by the Building Inspector.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
D.
A certificate of occupancy would also require where
applicable a Dutchess County Board of Health approval of well and
septic system, compliance with the New York State Building and Fire
Codes, compliance with the Town driveway permit and compliance with
any other laws or ordinances required by the Building inspector.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all building structures
and sites for which a building permit has been granted to construct,
enlarge, alter, repair, remove, demolish or change the use of occupancy,
and he may conduct such inspections as he deems appropriate from time
to time during and upon completion of work.
B.
There shall be maintained in the Building Inspector's
office a record of all such examinations and inspections together
with a record of findings and violations of the law, ordinances or
regulations.
A.
When, after final inspection, it is found that proposed
work has been completed in accordance with the applicable building
laws, ordinances and regulations, and also in accordance with the
application plans and specifications filed in connection with the
issuance of the building permit, the Building Inspector shall issue
a certificate of occupancy upon the form provided by him. If it is
found that the proposed work has not been properly completed, the
Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the applicable
building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefore is made. Failure
to act upon such application within 30 days shall constitute approval
of such application and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy has been issued.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the uses and the extent
thereof to which the building or structure or its several parts may
be put.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
part thereof subject to such conditions as he may prescribe, before
the entire work covered by the building permit shall have been completed
and may be occupied safely without endangering life or public welfare.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation
of any provision of this article or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any person who shall fail to comply with a written
order or the Building Inspector within the time for compliance therewith,
and any owner, builder, tenant, architect, contractor, subcontractor,
construction superintendent or their agents or any other persons taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this article
or any lawful order, notice, directive, permit or certificate of the
Building Inspector made thereunder shall be guilty of a violation
punishable as follows: by imprisonment for a term not exceeding 15
days or by a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
C.
This section shall not apply to violations of the
provisions of the State Building Construction Code punishable under
§ 385 of the Executive Law of the State of New York, nor
to violations of the provisions of the Multiple Residence Law punishable
under § 304 of the Multiple Residence Law of the State of
New York.
