[HISTORY: Adopted by the Town Board of the Town of Colden 8-14-1980. Section 28-3B
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
There is hereby designated in the Town of Colden a public official
to be known as the Building Inspector and Enforcement Officer, who
shall be appointed by the Town Board at a compensation to be fixed
by the Town Board.
The Town Board may appoint a Deputy Building Inspector as the
need may appear, at a compensation to be fixed by the Town Board.
A.
Building Inspector.
(1)
Except as otherwise specifically provided by laws, ordinances or
regulations, or except as herein otherwise provided, the Building
Inspector shall administer and enforce all of the provisions of laws,
ordinances and regulations applicable to the construction, alteration,
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.
(2)
He shall receive applications and issue permits for the erection,
alteration of buildings or structures or parts thereof 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.
(3)
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.
(4)
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 the performance of
tests in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
The Building Inspector shall keep permanent official records
of all transactions and activities conducted by him, including all
applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records.
A.
No building or structure shall be erected, added to, structurally
altered or changed in use or occupancy until a permit therefor has
been issued by the Building Inspector. All applications for such permits
shall be in accordance with the requirements of the State Building
Code and with all pertinent health laws and regulations, including
the Erie County Sanitary Code. Such applications shall be made, in
triplicate, on appropriate forms designated by the town.
B.
Application for a building permit shall be made on forms provided
by the Building Inspector and shall contain the following information:
(1)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers, if any of them
are corporations.
(2)
A brief description of the nature of the proposed work.
(3)
A description of the land on which the proposed work is to be done.
(4)
A statement of the use or occupancy of all parts of the land and
of the building or structure.
(5)
The valuation of the proposed work.
(7)
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations.
C.
Applications shall be made by the owner or the lessee, or agent of
either, or by the architect, engineer or building employed in connection
with the proposed work. Where such application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
D.
Each application for a building permit shall be accompanied by duplicate
copies of plans and specifications, including a plot plan, drawn to
scale, showing the location and size of all proposed new construction
and all existing structures on the site, the nature and character
of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys,
and, where required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data. Plans and specifications shall
bear the signature of the person responsible for the design and drawings.
E.
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 within
a reasonable time.
B.
Upon approval of the application and upon receipt of the legal fees
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 thereto.
C.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of such approved
plans and specifications shall be retained in the files of the Building
Inspector and the other set shall be returned to the applicant, together
with the building permit, and shall be kept at the building site open
to inspection by the Building Inspector or his authorized representative
at all reasonable times.
D.
If the application together with plans, specifications and other
documents filed therewith describe proposed 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 plan and specifications to the applicant.
A.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of 12 months after the date of its
issuance.
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 or regulations. All work shall conform to the approved
application, plans and specifications.
A.
Upon the filing of an application for a building permit, the following
fees shall be payable.[1]
[Amended 10-4-1990 by L.L. No. 4-1990; 9-14-1995 by L.L. No.
3-1995; 11-6-1997 by L.L. No. 8-1997; 5-9-2002 by L.L. No.
1-2002]
[1]
Editor's Note: Pursuant to Res. No. 2018-04, adopted 4-12-2018,
the Town will set fees and fines by resolution. Current fee schedules
are on file in the Town Clerk's office and the Code Enforcement Office
and on the Town website.
B.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no construction has been commenced. If construction
work has been started and the application is not approved, the fees
paid shall not be refunded.
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 statement or misrepresentation
as to a 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
or 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 in violation
of the provisions of the applicable building laws, ordinances or 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 work, and any such person shall forthwith stop such
work and suspend all building activities until the 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.
The Building Inspector or Deputy Building Inspector, upon the
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 use or occupancy of land shall be hereafter established and no
building hereafter erected, altered or extended, shall be used or
changed in use, until a certificate of occupancy shall have been issued
by the Building Inspector in accordance with the provisions of the
State Building Code. The certificate of occupancy specified in this
subdivision shall not be issued until approval has been granted, in
writing, by the Erie County Department of Health.
B.
No building hereafter enlarged, extended or altered, or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work, unless a certificate
of occupancy shall have been issued by the Building Inspector.
C.
When, after final inspection, it is found that the 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.
