[HISTORY: Adopted by the Board of Trustees
of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005;
amended in it entirety 1-22-2007 by L.L. No. 1-2007. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 78-4 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.
Certificates issued pursuant to § 78-7B of this chapter.
The Village Superintendent of Buildings appointed pursuant to § 78-2B of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
Includes the Village Superintendent of Buildings and all
inspectors.
[Amended 3-7-2019 by L.L.
No. 1-2019]
An order issued by the Village Superintendent of Buildings pursuant to § 78-15A of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 78-2C of this chapter.
A permit issued pursuant to § 78-11 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.
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.
An order issued pursuant to § 78-10 of this chapter.
A certificate issued pursuant to § 78-7B(4) of
this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Board of Trustees of the Village of Baxter Estates.
The officer appointed pursuant to § 78-2 of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
Chapter 175 of the Code of the Village of Baxter Estates, as duly amended from time to time by the Village Board, and any successor Code provision or local law.
The Village of Baxter Estates.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A.
The Village Superintendent of Buildings shall possess
background and experience related to building construction or fire
prevention and shall, within the time constraints established 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 Village Superintendent of
Buildings shall obtain certification from the State Fire Administrator
pursuant to the New York State Executive Law and the regulations promulgated
thereunder.
B.
In the absence of the Village Superintendent of Buildings,
or in the case of his or her inability to act for any reason, the
Mayor shall have the power, with the consent of the Village Board,
to designate a person to act on behalf of the Village Superintendent
of Buildings and to exercise any or all of the powers conferred upon
him or her by this chapter. Without in any way limiting the foregoing,
the Village Board may, by resolution, designate the Village Clerk
or any other Village official to execute, issue and deliver any and
all orders, instruments, certificates or other official documents
of any type or nature contemplated hereunder to be executed, issued
or delivered by the Village Superintendent of Buildings, including,
without limitation, certificates of occupancy, certificates of completion,
building permits, orders to remedy, stop-work orders and appearance
tickets. The Village Board may authorize joint execution by the Village
Superintendent of Buildings and any other person or entity, including
the Village Clerk or other Village official, in which case execution
by one or the other shall be deemed sufficient for all purposes.
C.
The Mayor, with the approval of the Village Board,
may appoint one or more inspectors to act under the supervision and
direction of the Village Superintendent of Buildings and to exercise
any portion of the powers and duties of the Village Superintendent
of Buildings as directed by him or her. 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 State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
D.
The compensation for the Village Superintendent of
Buildings, acting Village Superintendent of Buildings and inspectors
shall be fixed and adjusted as needed by the Village Board.
E.
The Village Superintendent of Buildings 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 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 and operating permits, and to include in building permits,
certificates of occupancy, certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Village Superintendent
of Buildings 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, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Village Superintendent of Buildings by this
chapter.
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 Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
Exceptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
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;
(3)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
Replacement of any equipment or appliance, provided
the replacement does not alter the equipment's or appliance's listing
or render it inconsistent with the equipment's or appliance's original
specifications; or
(9)
Repairs, provided that such repairs do not involve
the removal or cutting away of a loadbearing wall, partition, or portion
thereof, or of any structural beam or load bearing component; the
removal or change of any required means of egress, or the rearrangement
of parts of a structure in a manner which affects egress; the enlargement,
alteration, replacement or relocation of any building system; or 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.
Obligation of owner and permit holder concerning public
property.
[Added 3-7-2019 by L.L. No. 2-2019]
(1)
Each record owner of real property located within the Village with respect to which a building permit application is submitted to the Village under § 78-4 of this Chapter, and each signatory to such application, if different than such owner, is defined for purposes of this Subsection D as a "permittee." Each permittee, at the expense of such permittee, shall repair, restore, replace or remediate, to the reasonable satisfaction of the Superintendent of Buildings, all real and personal property of the Village, and all real and personal property located in or on Village property that is owned by any other governmental agency or by any public utility, including, without limitation, streets, sidewalks, curbing, trees, plantings, signage, poles, and utility infrastructure (collectively, "public property"), that is damaged or destroyed in the course of the work authorized by any building permit issued by the Village Building Department to such permittee under this § 78-3. The work so authorized is defined for purposes of this Subsection D as the "permitted work." The real property located within the Village with respect to which such building permit is issued is defined for purposes of this Subsection D as the "subject property."
(2)
Prior to the commencement of any permitted work, the Superintendent
of Buildings shall make or cause to be made a documentary record,
digitally, electronically or in hard copy (e.g., with photos, video,
or other reasonable means), of the condition of public property in
such proximity to the subject property, or otherwise of such a nature,
that the Superintendent of Buildings determines, based upon experience
with projects of a similar nature or scope, could reasonably be exposed
to damage or destruction during the course of the permitted work.
(3)
It shall be a condition to the issuance by the Superintendent of Buildings of any certificate of completion, certificate of compliance, certificate of occupancy or other certificate or document evidencing completion of any permitted work under § 78-7 of this chapter that the permittee shall have repaired, restored, replaced or remediated, to the reasonable satisfaction of the Superintendent of Buildings, all public property damaged or destroyed in the course of the permitted work.
(4)
The Superintendent of Buildings shall provide to any permittee determined by the Superintendent of Buildings to be obligated to repair, restore, replace or remediate any Public Property under this Subsection D a written notice, signed by the Superintendent of Buildings, identifying such obligation in reasonable detail (the "public property remediation notice"). Each permittee shall have the right to appeal in writing to the Village Board of Trustees any determination made by the Superintendent of Buildings in a public property remediation notice: (i) that damage or destruction to public property has occurred during the course of the permitted work; (ii) as to the pre-existing condition of public property determined by the Superintendent of Buildings to have been damaged or destroyed; and (iii) as to the appropriate remediation (whether physical restoration, repair or replacement, or payment to the Village in lieu of physical restoration, repair or replacement) for which such permittee is responsible pursuant to the terms and conditions of this Subsection D of § 78-3. Such appeal shall be made in writing, signed by the permittee, delivered to the Village Clerk not more than 30 days after the Superintendent of Buildings has delivered the public property remediation notice. Such appeal shall be heard at a public meeting of the Board of Trustees. The determination of the Board of Trustees with respect to any such appeal shall be final and non-appealable.
(5)
The obligations of a permittee hereunder are in addition to, and not in lieu of, the obligations that such permittee may have under any other provision of the Code of the Village of Baxter Estates, including, without limitation, under Chapter 152, "Streets and Sidewalks," or under any other federal, state or local law, rule or regulation.
A.
The application for a building permit, and its accompanying
documents, shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code and the Energy Code and the Village Zoning Code.
B.
The form of the permit and application therefor shall
be prescribed by the Village Superintendent of Buildings. The application
shall be signed by the owner (or his or her authorized agent) of the
premises and shall contain at least the following:
[Amended 3-7-2019 by L.L.
No. 1-2019]
(1)
Full name and address of the owner and, if by a corporation
or other legal entity, the name and addresses of its authorized officers;
(2)
Identification and/or description of the premises
on which the work is to be done, including the Tax Map number and
the street address;
(3)
The occupancy classification of any affected building
or structure;
(4)
Description of the proposed work;
(5)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(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; and
(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)
The required fee.
C.
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 B(6) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Village Superintendent of Buildings in writing or by stamp. One set of the accepted construction documents shall be retained by the Village Superintendent of Buildings, 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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Changes. The applicant shall notify the Village Superintendent
of Buildings of any changes in the information contained in the application
during the period for which the permit is in effect. A permit will
be issued when the application has been determined to be complete
and when the proposed work has been determined to conform to the requirements
of the Uniform Code. The authority conferred by such permit may be
limited by conditions, if any, contained therein. Amendments, if any,
to the application or to the plans and specifications accompanying
the same shall be filed with the Village Superintendent of Buildings,
and approval shall be received from the Village Superintendent of
Buildings prior to the commencement of such change of work.
[Amended 3-7-2019 by L.L.
No. 1-2019]
E.
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 this chapter. The Village Superintendent
of Buildings shall issue a building permit if the proposed work is
in compliance with the applicable requirements of the Uniform Code,
the Energy Code and this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
F.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
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 Village Superintendent of Buildings
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Village Superintendent
of Buildings 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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
G.
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 Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L.
No. 1-2019]
H.
Revocation or suspension of building permits. If the
Village Superintendent of Buildings 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 or the Village Code,
or that the work to which it pertains is not proceeding in conformance
with the Uniform Code or the Energy Code or the Village Code or with
any condition attached to such permit, then the Village Superintendent
of Buildings 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, the Energy Code and the Village 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
Village Code.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A.
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains and shall remain visible until the authorized work has
been completed.
B.
Each building permit issued pursuant to this chapter
shall become invalid unless the authorized work is commenced within
six months following the date of issuance. A building permit issued
pursuant to this chapter shall expire one year from the date of issuance
or upon the issuance of a certificate of occupancy (other than a temporary
certificate of occupancy), whichever occurs first. The permit may,
upon written application for renewal, be renewed for successive one-year
periods, provided:
(1)
The permit has not been revoked or suspended at the
time the application for renewal is made;
(2)
The approval of the application for renewal is granted
by the Village Superintendent of Buildings;
[Amended 3-7-2019 by L.L.
No. 1-2019]
(3)
The relevant information in the application is up-to-date;
and
(4)
The renewal fee is paid.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A schedule of fees applicable to all applications,
inspections and other actions made under this chapter shall be established,
and changed as needed, by resolution adopted by the Village Board.
Such fees may be charged for the submission of applications, issuance
of building permits, certificates of occupancy, certificates of compliance,
amended building permits, renewed building permits, temporary certificates
and for firesafety and property maintenance, inspections and other
actions of the Village Superintendent of Buildings described in or
contemplated by this chapter.
A.
Certificates of occupancy and certificates of compliance
required. A certificate of occupancy 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 and certificate of occupancy was previously issued
shall be granted only by issuance of a certificate of compliance.
Any other work for which a certificate of occupancy is not required
must obtain a certificate of compliance.
B.
Issuance of certificates of occupancy and certificates
of compliance. The Village Superintendent of Buildings 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, the Energy Code
and the Village 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, the Energy Code and the Village Code. The Village
Superintendent of Buildings or an inspector authorized by the Village
Superintendent of Buildings 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 Village Superintendent of Buildings, at the expense of the
applicant for the certificate of occupancy or certificate of compliance,
shall be provided to the Village Superintendent of Buildings prior
to the issuance of the certificate of occupancy or certificate of
compliance:
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
Contents of certificates of occupancy and certificates
of compliance. Each certificate of occupancy and certificate of compliance
shall contain the following information:
(1)
The building permit number, if any and of any extensions
or renewals thereof;
(2)
The date of issuance of the building permit, if any,
and of any extensions or renewals thereof;
(3)
The name, 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 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 Village Superintendent of Buildings
issuing the certificate of occupancy or certificate of compliance
and the date of issuance.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Temporary certificate. The Village Superintendent
of Buildings 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 Village Superintendent of Buildings
issue a temporary certificate unless the Village Superintendent of
Buildings determines that the building or structure or the portion
thereof covered by the temporary certificate may be occupied safely;
any fire- and smoke-detecting or fire protection equipment which has
been installed is operational; and all required means of egress from
the building or structure have been provided. The Village Superintendent
of Buildings 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. A temporary
certificate shall be effective for a period of time, not to exceed
six months, which shall be determined by the Village Superintendent
of Buildings 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
and the Energy Code.
[Amended 3-7-2019 by L.L.
No. 1-2019]
E.
Revocation or suspension of certificates. If the Village
Superintendent of Buildings determines that a certificate of occupancy
or 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 Village Superintendent of Buildings within such period of time
as shall be specified by the Village Superintendent of Buildings,
the Village Superintendent of Buildings shall revoke or suspend such
certificate.
[Amended 3-7-2019 by L.L.
No. 1-2019]
[Amended 3-7-2019 by L.L.
No. 1-2019]
The chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Village Superintendent of Buildings of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
A.
Inspections during construction.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(1)
Work for which a building permit has been issued hereunder
shall be inspected by the Village Superintendent of Buildings for
approval prior to enclosing or covering any portion thereof and upon
completion of each stage of construction, including, but not limited
to, building location, site preparation, excavation, foundation, framing,
superstructure, electrical, plumbing, and heating and air conditioning.
It shall be the responsibility of the owner, applicant, or his or
her agent to inform the Village Superintendent of Buildings that the
work is ready for inspection and to schedule such inspection.
(2)
It shall be the responsibility of the owner, applicant,
or his or her agent to provide a list, at his or her expense, of all
work which requires special inspections during construction. A statement
of the special inspections, including a complete list of materials
and work requiring such inspections, and a list of the individuals
and approved agencies to conduct such special inspections shall be
provided to the Village Superintendent of Buildings or his or her
designee for the permit application file. The reports of such special
inspections shall be provided to the Village Superintendent of Buildings
or his or her designee for the Village's records.
(3)
If the Village Superintendent of Buildings is denied
access or entrance to make an inspection for any reason, the Village
Board, after being notified by the Village Superintendent of Buildings
of the situation, may apply to any court of competent jurisdiction
for an order authorizing the Village Superintendent of Buildings to
make such 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; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the Village
Superintendent of Buildings shall confirm, in writing, that the work
or a portion thereof is satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or the Energy Code. Work not in compliance with any applicable
provision of the Uniform Code or the 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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once every 36 months. Inspections
of such buildings shall include the common areas such as halls, foyers,
staircases, etc., and vacant dwelling units. Where the tenants of
occupied dwelling units allow, the inspection may include such units.
(2)
Firesafety and property maintenance inspections of
buildings or structures having areas of "public assembly," defined
as all buildings or portions of buildings used for gathering together
50 or more persons for amusement, athletic, civic, dining, educational,
entertainment, patriotic, political, recreational, religious, social,
or similar purposes, the entire fire area of which they are a part,
and the means of egress therefrom, and of dormitories shall be performed
at least once every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once every
24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
(a)
The request of the owner, authorized agent or
tenant;
(b)
Receipt of a written statement alleging that
conditions or activities failing to comply with the Uniform Code and
Energy Code exists; or
(c)
Other information received by the Village Superintendent
of Buildings, reasonably believed by the Village Superintendent of
Buildings to be reliable, providing reasonable cause to believe that
conditions or activities failing to comply with the Uniform Code or
the Energy Code exist; provided, however, that nothing in this subsection
shall be construed as permitting an inspection under any circumstances
under which a court order or warrant permitting such inspection is
required, unless such court order or warrant shall have been obtained.
[Amended 3-7-2019 by L.L.
No. 1-2019]
E.
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 New York State Executive Law § 156-e and New York
State Education Law § 807-b.
A.
Authority to issue. The Village Superintendent of
Buildings is authorized to issue stop-work orders pursuant to this
section. The Village Superintendent of Buildings shall issue a stop-work
order to halt:
[Amended 3-7-2019 by L.L.
No. 1-2019]
(1)
Any work that is determined by the Village Superintendent
of Buildings to be contrary to any applicable provision of the Uniform
Code or Energy 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 Village Superintendent of Buildings,
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 Village Superintendent of
Buildings; state the reason or reasons for issuance; and if applicable,
state the conditions which must be satisfied before work will be permitted
to resume.
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
Service of stop-work orders. The Village Superintendent
of Buildings 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 Village Superintendent of Buildings 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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
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 § 78-15, 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.
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 Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR § 1225.1;
(b)
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village Board.
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 Village Superintendent of Buildings.
Such application shall include such information as the Village Superintendent
of Buildings deems sufficient to permit a determination by the Village
Superintendent of Buildings that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Village Superintendent
of Buildings 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 Village Superintendent of Buildings, at the expense of the
applicant.
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
Inspections. The Village Superintendent of Buildings
or an inspector authorized by the Village Superintendent of Buildings
shall inspect the subject premises prior to the issuance of an operating
permit.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Village Superintendent of Buildings may require a separate operating permit for each such activity, or the Village Superintendent of Buildings may, in his or her discretion, issue a single operating permit to apply to all such activities.
[Amended 3-7-2019 by L.L.
No. 1-2019]
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 Village Superintendent of Buildings 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 Village Superintendent of Buildings,
payment of the applicable fee, and approval of such application by
the Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L.
No. 1-2019]
F.
Revocation or suspension of operating permits. If
the Village Superintendent of Buildings 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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
[Amended 3-7-2019 by L.L.
No. 1-2019]
The Village Superintendent of Buildings 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, or any other local law or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include
such of the following steps as the Village Superintendent of Buildings
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 § 78-15, 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.
The Village Superintendent of Buildings shall keep
permanent official records of all transactions and activities conducted
by all code enforcement personnel, including records of:
[Amended 3-7-2019 by L.L.
No. 1-2019]
(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, 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 features and activities specified in or
contemplated by the Village Code or local law; and
(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.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A.
The Village Superintendent of Buildings shall annually submit to the Village Board a written report and summary of all business conducted by the Village Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in § 78-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Village Superintendent of Buildings shall annually
submit to the Secretary of State, on behalf of this Village, on a
form prescribed by the Secretary of State, a report of the activities
of this Village relative to administration and enforcement of the
Uniform Code.
C.
The Village Superintendent of Buildings 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 Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
the Village in connection with administration and enforcement of the
Uniform Code.
A.
Compliance orders. The Village Superintendent of Buildings
is authorized to order, in writing, the remedying of any condition
or activity found to exist in, on, under or about any building, structure,
or premises in violation of the Uniform Code, the Energy Code, or
this chapter. Upon finding that any such condition or activity exists,
the Village Superintendent of Buildings shall issue a compliance order.
The compliance order shall be in writing; be dated and signed by the
Village Superintendent of Buildings; specify the condition or activity
that violates the Uniform Code, the Energy Code, or this chapter;
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; specify the period of time which the Village Superintendent
of Buildings 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 Village Superintendent of Buildings shall cause
the compliance order, or a copy thereof, to be served on the owner
of the affected property personally or by certified mail. The Village
Superintendent of Buildings 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 certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
Appearance tickets. The Village Superintendent of
Buildings and each inspector are authorized to issue appearance tickets
for any violation of the Uniform Code.
[Amended 3-7-2019 by L.L.
No. 1-2019]
C.
In addition to those penalties prescribed by any applicable law,
as defined for the purposes of this chapter, any violation of, or
failure to comply with, any provision of any applicable law, or any
term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, notice of violation, or any other notice or order
issued by the Superintendent of Buildings pursuant to any provision
of this chapter shall constitute a violation, punishable as follows:
for a conviction of a first offense, by a fine not more than $1,000,
or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment; for a conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$1,000, nor more than $5,000, or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment; and for a conviction
of a third or subsequent offense, all of which were committed within
a period of five years, by a fine not less than $5,000, nor more than
$10,000, or imprisonment for a period not to exceed 15 days, or both
such fine and imprisonment. Each and every day on which any such violation
or failure occurs or continues shall constitute a separate violation.
[Amended 8-6-2015 by L.L.
No. 2-2015; amended 3-7-2019 by L.L. No. 1-2019]
D.
Injunctive relief. An action or proceeding may be
instituted in the name of the Village, 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 term or condition of any building permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Village Superintendent of Buildings 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 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 the Village, 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 Village Board.
[Amended 3-7-2019 by L.L.
No. 1-2019]
E.
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 § 78-10, 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 § 78-10, Stop-work orders, of this chapter, in any other section of this chapter, 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.
The Village Board may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, 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.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.