[HISTORY: Adopted by the Town Board of the Town of Coxsackie 12-27-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
The Town Board of the Town of Coxsackie, having duly adopted
a resolution accepting the applicability of the New York State Building
Construction Code, hereby enacts the following chapter pursuant to
the provisions of § 381 of the Executive Law of the State
of New York and all other applicable laws.
The Town Board of the Town of Coxsackie is hereby authorized
to appoint or employ a Building Inspector Code Officer (hereinafter
"Code Officer").
The Code Officer shall have all the powers relating to administration
and enforcement of the Uniform Fire Prevention and Building Code (hereinafter
"code") set forth in 19 NYCRR 440 et seq.[1] of the Executive Law and this chapter of the Town of Coxsackie
and shall have the power to administer and enforce any and all building
regulations applicable to the Town of Coxsackie.
[1]
Editor's Note: See now 19 NYCRR Part 1203.
The purposes of this chapter are to regulate any dwelling units
and all other construction in order to ensure safe construction, fire
prevention and orderly community development as it relates to existing
structures and to protect the environment for the residents of the
Town of Coxsackie.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure wholly or partly enclosed with exterior walls
or within exterior walls and/or party walls, with roof structure that
affords shelter to persons, animals and/or property.
The person appointed by the Town Board to enforce where applicable
this chapter, which is enacted based upon the State Uniform Fire Prevention
and Building Code pursuant to Executive Law § 381 et seq.,
for the protection of persons, animals and property.
Any structure used for human inhabitation.
Any (portable) vehicle which is designed to be transported
on its own wheels or those of another vehicle which is used, designed
to be used and capable of being used as a detached family residence.
A mobile home shall be regulated pursuant to the previously enacted
local mobile home law of the Town of Coxsackie.[1]
As used herein, any authorized document which the Town of
Coxsackie Town Board has authorized or in the future authorizes the
Code Officer to use for the purpose of showing compliance with this
chapter.
Any form or arrangement of building or construction materials
involving the necessity or precaution of providing proper support,
bracing, tying, anchoring or other assistance to support the object
against natural pressure and infiltration of the elements.
Alterations may be any change or rearrangement or additions
to a building other than repairs to existing elements of the structure.
Any modification in construction or any alteration to a building/structure
shall require a permit, except those alterations such as repairs to
a roof, rearrangement of the interior of the building or dwelling,
which changes do not add square footage or cubic capacity to the structure.
The installation of any solid fuel burning furnace or equipment shall
be deemed an alteration requiring a permit. Alteration may, in essence,
be termed a change to the design or size of a structure or any change
that affects the possibility of fire risk.
[Amended 5-13-2003 by L.L. No. 8-2003]
A.
No person, firm or corporation shall commence the excavation, erection,
construction, enlargement, alteration, or improvement of any building
or structure, install solid fuel-heating equipment or cause the same
to be done, or commence the demolition of any building or structure
or any portion thereof without first obtaining a separate building
permit from the Building Inspector for each such building or structure;
except that no building permit shall be required for:
(1)
Performance of necessary repairs which do not involve material alteration
of structural features and/or plumbing, electrical or heating/ventilation
systems, including, for example, the replacement of siding and roofing
materials.
(2)
The erection of fences.
(3)
The construction of noncommercial storage facilities of less than
200 square feet of gross floor area. Such work shall nevertheless
be done in conformance with the Uniform Fire Prevention and Building
Code.
(4)
Alterations to existing buildings, provided that they:
(a)
Cost less than $10,000;
(b)
Do not materially affect structural features;
(c)
Do not affect firesafety features such as smoke detectors, sprinklers,
required fire separations and exits;
(d)
Do not involve the installation or extension of electrical systems;
and
(e)
Do not include the installation of solid fuel-burning heating
appliances and associated chimneys or flues.
(5)
Small noncommercial structures, of not more than 200 square feet
of floor space, not intended for use by one or more persons as quarters
for living, sleeping, eating or cooking; for example, a small storage
building.
(6)
Agricultural buildings or structures.
B.
In the event that a building falls within the exceptions provided
herein, this does not mean that it is exempt from any other ordinance,
rule or regulations of the Coxsackie Code or the Town, county or state
relative to building construction and/or building and firesafety.
C.
The Building Inspector shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of insuring compliance with laws, ordinances, rules and regulations governing building construction or alterations. A building permit will be issued when the application has been determined to be complete, when the proposed work is determined to conform to the provisions of the Uniform Code, and when the Building Inspector has determined that the proposed work is in compliance with Chapter 201, Zoning, of the Code of the Town of Coxsackie. The permit shall be filed with the state and posted on the property or premises to which it pertains throughout construction, to be readily seen from adjacent thoroughfares, if possible.
A.
No building or structure shall be constructed, altered or placed
within the Town of Coxsackie until an application for a permit, filled
out in triplicate and including the following information, is submitted,
reviewed, filed with and a fee paid to the Town Clerk and approved
by the Code Officer.
B.
Every application shall include the following:
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
the proposed building/structure.
(3)
The valuation of the proposed work.
(4)
The full name and address and telephone number of the owner and the
name and telephone number of the responsible officer if the owner
or any of them is a corporation or the name and telephone number of
the general partner if a partnership.
(5)
A brief description of the nature of the proposed work.
(6)
If the construction is to be in accordance with the provisions of
the State Uniform Fire Prevention and Building Code, a statement that
the application is made for permission to construct in accordance
with the provisions of such code.
(7)
A plot plan of the property, drawn to a scale, which shall include
the location of the source of water supply and the location of the
waste disposal facilities with an indication thereon of the type and,
where applicable, the approval of the Environmental Conservation Department
to the disposal of the liquid wastes, including the distance to the
nearest boundary of the property and the distance to any known water
supply on adjacent properties.
(8)
If a private sewerage system is to be used, the applicant must comply with all the provisions of Chapter 159, Sewage Disposal Systems, Individual, of the Code of the Town of Coxsackie.
(9)
All driveways intersecting with Town roads must have a minimum of
a twelve-inch culvert pipe in the ditch line at the point where the
driveway intersects the Town road, unless this requirement is waived
in writing by the Town Superintendent of Highways.
(10)
A statement that the applicant consents to permit the Code Officer
or any other officer or employee of the Building Department of the
Town to enter upon the premises without a search warrant for the purposes
of seeing and determining compliance with this code.
(11)
Such other information as may be reasonably required by the
Code Officer and any other officer or employee of the Building Department
to establish compliance with the permission granted and requirements
of the applicable building laws, ordinances, rules and regulations.
Upon receipt of any application for a building permit, the Code
Officer shall issue a permit or deny the application within 15 days.
In making his determination, the Code Officer shall take into consideration,
in addition to the requirements for a permit and restrictions set
forth above, the character of the area of the proposed structure and
any other structures. The Code Officer shall be shown each application,
and he shall indicate thereon his approval and or disapproval with
the date thereof.[1]
[1]
Editor's Note: The second paragraph of original Sec.
9, which dealt with appeals and which immediately followed this section,
was deleted 5-14-1991 by L.L. No. 4-1991.
Upon the completion of the construction for which a permit has been issued, the applicant shall notify the Code Officer, who shall make a final inspection within 10 days of the applicant's notification to the Code Officer to determine if said construction is in compliance with the application and with this chapter and the other applicable laws. If said construction complies, the Code Officer shall issue or direct the issuance of a certificate of occupancy. If the construction after inspection does not comply, the Code Officer shall notify the applicant of changes, additions or conditions necessary to effect such compliance. Should the applicant disagree, the applicant shall have the same privileges of review as upon any refusal of a permit, as in § 103-10 above.
[Amended 5-14-1991 by L.L. No. 4-1991]
All electrical installations shall be approved by the New York
State Board of Fire Underwriters or such other duly qualified inspector
as provided under the inspection procedures in force in Greene County
and in conformance with the standards of the inspector in force at
the time. Such standards will be maintained in the office of the Town
Clerk for inspection at any time by any applicant for a permit. The
decision of such Board or its representative shall be final and have
the same effect as the Code Officer's decision.
Should any building, structure, residence, dwelling or mobile
home as defined in this chapter be damaged by fire, the owner or occupant
thereof shall, within 24 hours of the time of the extinguishment of
the fire, secure the premises to prevent danger to the public and
prevent access to the premises by unauthorized persons. Within 30
days, the owner or former occupant shall either commence demolition
and removal of the building, structure, residence, dwelling or mobile
home or shall commence the renovation or rebuilding of the same. Application
may be made to the Code Officer for extension of said time upon the
showing of reasonable need or necessity. The requested delay of removal
by an insurance company, fire inspector or law enforcement agency
shall be deemed reasonable grounds for the extension of time.
[Amended 5-14-1991 by L.L. No. 4-1991]
Any person, firm or corporation who violates this chapter shall
be guilty of an offense and subject to a fine of not more than $250
and, in addition, shall pay all costs and expenses incurred by the
Town of Coxsackie in determining such violation. Each and every week
that any such violation continues shall constitute a separate offense.
Fines and/or penalties collected for the violation of this chapter
shall be dispersed as provided by law. The prosecution of any such
offenses shall be in the manner provided by law. The application of
the above fine or penalty or the prosecution of the violation of the
provisions of this chapter shall not be held to prevent the taking
of any other action as may be authorized by law.
[Amended 6-11-1998]
Fees for a permit for all structures shall be a minimum of $30
and an additional $3 for each $1,000 that the estimated cost of the
work exceeds $10,000.
The Code Officer or an officer or employee of the Building Department
shall not engage in any activity inconsistent with the duties or with
the interests of the Building Department, nor shall this person during
the term of employment be engaged directly or indirectly in any building
business, in furnishing labor, materials or supplies or the supervision
of the construction, alteration, demolition or maintenance of a building
or the preparation of a building or the preparation of plans and/or
specifications thereof within the Town of Coxsackie, except that this
provision shall not prohibit any employee from engaging in any such
activities in connection with the construction of a building or structure
owned by him for his own personal use and occupancy or for the use
and occupancy of members of his immediate family and not constructed
for immediate sale.
A.
The Code Officer shall keep permanent official records of all transactions
and activities conducted by him, including all applications received,
plans approved, permits and certificates issued, inspection reports,
all rules and regulations promulgated by him with the consent of the
Town Board and orders and notices issued. All such records shall be
open to the public for inspection during normal business hours at
the office of the Town Clerk or by prior arrangement with the Code
Officer at another location.
B.
The Code Officer shall annually submit to the Town Board a written
report and summary of all business conducted by the Department of
Buildings, including approvals, permits and certificates issued, fees
collected, orders and notices promulgated, inspection and tests made
and appeals or litigation that is pending and also that which has
been concluded.
Appropriate action and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in and
about any premises and these remedies shall be in addition to penalties
otherwise prescribed by law.
