[HISTORY: Adopted by the Town Board of the Town of Colden:
Art. II, 9-4-1986 by L.L. No. 3-1986. Amendments noted where applicable.]
[Pursuant to Article 18 of the Executive Law, the New York
State Uniform Fire Prevention and Building Code will be the controlling
provisions in regard to building construction in the Town of Colden.
A copy of the Uniform Fire Prevention and Building Code is on file
in the office of the Town Clerk.]
[Adopted 9-4-1986 by L.L. No. 3-1986]
The Code Enforcement Officer of the Town of Colden is hereby
designated to administer and enforce the New York State Fire Prevention
and Building Code in the Town of Colden.
A.
No person, firm, corporation, association or other organization shall
commence the erection, construction, enlargement, alteration, improvement,
removal or demolition of any building or structure nor install heating
equipment without having applied for and obtained a permit from the
Code Enforcement Officer. However, no permit shall be required for
the performance of necessary repairs which are not of a structural
nature and which are done in conformance with the Uniform Code.
B.
Applications.
(1)
Applications for a building permit may be obtained from the Town
of Colden. A completed application shall be delivered to the Building
Inspector and must include:
(a)
The signature of the applicant or authorized agent.
(b)
A description of the site on which the proposed work is to be
done.
(c)
A statement of the use or occupancy of all parts of the land
and of the proposed building or structure.
(d)
A brief description of the proposed work.
(e)
The estimated cost of the proposed work with appropriate substantiation.
(f)
The full name and address of the owner and the applicant and,
if either be a corporation, the names and addresses of responsible
officers.
(g)
Determined number of sets of plans and specifications for the
proposed work.
(h)
The fee specified in this chapter.
(i)
A statement granting the applicants permission for the Code
Enforcement Officer to enter the property and structure thereon as
frequently as he deems necessary to inspect the same for the compliance
with the Uniform Code.
(2)
The applicant may request that the requirement of plans and specifications
be waived where the work to be done involves minor alterations or
are otherwise unnecessary.
C.
The applicant shall notify the Code Enforcement Officer 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 is 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.
D.
A building permit issued pursuant to this chapter shall be prominently
displayed on the property or premises to which it pertains.
E.
A building permit issued pursuant to this chapter may be suspended
or revoked if it is determined that the work to which it pertains
is not proceeding in conformance with the Uniform Code or with any
condition attached to such permit or if there has been a misrepresentation
or falsification of a material fact in connection with the application
for the permit.
F.
A building permit issued pursuant to this chapter shall expire two
years 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 request, be renewed once
for a successive one-year period, provided that:
[Amended 10-4-1990 by L.L. No. 4-1990]
A.
No building erected subject to the Uniform Code and this chapter
shall be used or occupied, except to the extent provided in this section,
until a certificate of occupancy has been issued. No building similarly
enlarged, extended or altered, or upon which work has been performed
which required the issuance of a building permit shall be occupied
or used for more than 30 days after the completion of the alteration
or work unless a certificate of occupancy has been issued. No change
shall be made in the nature of the occupancy of an existing building
unless a certificate of occupancy authorizing the change has been
issued. The owner or his agent shall make application for a certificate
of occupancy.
B.
A temporary certificate of occupancy may be issued if the building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance, but may be renewed an
indefinite number of times.
C.
No certificate of occupancy shall be issued except upon an inspection
which reveals no uncorrected deficiency or material violation of the
Uniform Code in the area intended for use and upon payment of the
appropriate fee.
A.
Work for which a building permit has been issued under this chapter
shall be inspected 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 agent to inform the Code Enforcement Officer
that the work is ready for inspection and to schedule such inspection.
B.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule: all areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings: every six months; all buildings or structures open to the general public: every 12 months; all other buildings: every 18 months. Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
A.
The inspections required by § 26-4 of this chapter may be performed by the Code Enforcement Officer. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
B.
A person subject to inspection under § 26-4 may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Building Inspector. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this chapter.
C.
If the Code Enforcement Officer is the owner of or is involved in
work on the premises to be inspected, or if there shall otherwise
be any conflict of interest, the Town Board shall appoint a qualified
individual to perform such duties.
Fees for inspection and building permits shall be set forth
in the general ordinances of the Town of Colden now existing or as
may be amended from time to time.[1]
A.
If no other penalty for violation of any part of this chapter or
order issued in compliance with the chapter is provided otherwise
by law, including the general ordinances and local laws of the Town
of Colden regarding penalties, a person violating such part of this
chapter or such orders shall be punishable by a fine of $50 or imprisonment
not to exceed 30 days, or both, and each day such violation continues
shall constitute a separate violation.
B.
Any action or proceeding in the name of the Town of Colden may be
commenced in any court of competent jurisdiction to compel compliance
with or restrain violation of this chapter or orders issued in compliance
with this chapter.
