[Amended 10-20-2009 by L.L. No. 10-2009]
A. The provisions of this article shall apply to all covered buildings.
B. It shall be the obligation of every owner of every covered building
to assure compliance with this article with regard to such owner's
covered buildings.
For the purposes of this article, the following terms shall
have the meanings indicated.
COMPLIANCE
The owner's compliance with this article shall include,
but not be limited to, giving the notice required by this article
in the event that the owner learns of an unsafe condition; assuring
that the owner's licensed professional timely and properly meets
the inspection, notification, and reporting requirements set forth
in this article; and assuring that the repairs to such buildings as
required by this article are immediately commenced, diligently pursued,
and properly completed within the time provisions set forth in this
article.
COVERED BUILDINGS
All residential buildings and all nonresidential buildings.
[Added 10-20-2009 by L.L. No. 10-2009]
INSPECTION ELEMENTS
A building's roofs and supports; exterior walls; exterior
protrusions; visible load-bearing members; foundations; elevators;
building systems; utility supply pipes, wires, and lines within the
building; and awnings, signs and other affixations to the outer walls
of the building.
LICENSED PROFESSIONAL
A professional engineer or an architect, licensed to practice
as such in the State of New York, with professional liability insurance
of not less than such amount as shall be determined from time to time
by resolution of the Board of Trustees. Such insurance shall be issued
by an insurance company licensed in the State of New York to issue
such insurance, and proof of such insurance, then in effect, satisfactory
to the Building Inspector, shall be furnished to the Building Inspector
with such professional's periodic inspection report.
NONRESIDENTIAL BUILDINGS
All buildings being used for nonresidential purposes within
the Village, including such buildings that may have a combination
of nonresidential and residential use, which have a roof height of
12 feet or more above the lowest elevation of any portion of any exterior
grade within two feet of the exterior walls of the building. "Roof
height" as used herein shall mean the lowest point of the roof.
[Added 10-20-2009 by L.L. No. 10-2009]
REPAIR
Such repair, replacement, reconstruction, reinforcement,
rebuilding, and/or such other action or work required to make the
inspection element and any other notified or reported unsafe condition
safe, as certified by the licensed professional and, if a permit is
required, approved by the Building Inspector.
RESIDENTIAL BUILDING
All buildings of two or more stories containing three or
more residential dwellings within the Village, including such buildings
that may have a combination of residential and nonresidential use.
[Amended 10-20-2009 by L.L. No. 10-2009]
All covered buildings shall be inspected in accordance with
the following:
A. For covered
buildings that were built prior to January 1, 2000, the first inspection
shall be made within three months after the adoption of this article.
B. For all
other covered buildings, the first inspection shall be made within
three months after the 10th anniversary of the issuance of the first
certificate of occupancy issued for such building.
C. After
the first inspection, inspections shall be made periodically within
three months after the fifth anniversary of the immediately preceding
inspection.
D. If a building
that is in existence as of the effective date of this article is not
a covered building but thereafter becomes a covered building, the
first inspection shall be made the later of the following:
(1) Within
three months after the 10th anniversary of the issuance of the first
certificate of occupancy issued for such building; or
(2) Within
three months after it becomes a covered building.
E. If a building
that is not in existence as of the effective date of this article
is first used as a not-covered building and thereafter becomes a covered
building, the first inspection shall be made the later of the following:
(1) Within
three months after the 10th anniversary of the issuance of the first
certificate of occupancy issued for such building; or
(2) Within
three months after it becomes a covered building.
F. If a building
that was a covered building subsequently becomes a not-covered building
and then, again, becomes a covered building, the inspection schedule
set forth above shall again become effective as if it had always been
a covered building, without any tolling of the first inspection period
or of any subsequent five-year inspection period for the time when
the building was not a covered building.
The requirements imposed by this article may be waived or modified
by the Building Inspector, with or without reasonable conditions,
upon application of an owner, based upon a showing of the physical
and/or financial impracticability of the requirements as to the particular
building if, in the opinion of the Building Inspector, such waiver
will not unreasonably imperil the safety of the public and/or the
occupants of the building. The Building Inspector may request and
rely upon a certification by the owner's licensed professional
that such waiver will not unreasonably imperil the safety of the public
and/or the occupants of the building.
Any person who fails to comply with the provisions of this article shall be subject to the penalty provisions set forth in Article
II of Chapter
1 of this Code, including, for clarity, but not for limitation, the provisions of §
1-15B, which provide, in substance, that each day that such noncompliance shall continue shall be deemed a separate and distinct offense.