This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. This chapter is
adopted pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
37-4 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
37-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any entity 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 procedures established by Chapter
39 of this Code, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall, as appropriate,
endeavor to review and investigate complaints which allege or assert
the existence of conditions or activities that fail to comply with
the Uniform Code, the Energy Code, this chapter, or any other Chapter
or regulation adopted for administration and enforcement of the Uniform
Code or the Energy Code. The review and investigation of complaints
shall be a part of an overall enforcement strategy. 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 §
37-15 (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 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 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.
All services and/or inspections provided and/or
permits and certificates issued pursuant to this chapter are for code
enforcement purposes only in accordance with the general duty of the
Town to provide for the public health safety and welfare. No person
may rely upon any such services, inspections, permits, and/or certificates
for purposes of assuring compliance with the law, rules, or regulations,
or for determining the quality and/or safety of any building, structure,
or use, or for any other purpose. No Town officer, employee or agent
is authorized to create any special duty to any person for any purposes
whatsoever. The Town, its officers, employees, and agents, shall by
no means be held liable in relation to any provision or enforcement
of this chapter.