[HISTORY: Adopted by the Town Board of the Town of Johnstown 2-19-1985 by L.L. No.
1-1985. Amendments noted where applicable.]
This chapter is enacted pursuant to Section 1 of Chapter 707
of the Laws of 1981 [Executive Law, § 381(2)]. It shall
provide the method for administration and enforcement of the New York
State Uniform Fire Prevention and Building Code (herein referred to
as the Uniform Code) in the Town of Johnstown and shall establish
powers, duties and responsibilities in connection therewith.
A.
The Town Board of the Town of Johnstown hereby establishes the position
of the Uniform Fire Prevention and Building Code Enforcement Officer
(herein referred to as the Enforcement Officer) to administer and
enforce the Uniform Code within the Town of Johnstown. The bureau,
corporation, business, department or individual appointed to fill
the position will be so appointed by resolution of the Town Board.
B.
The Enforcement Officer shall:
(1)
Determine when a building permit is necessary and identify applicable
provisions of the Uniform Code for compliance by the applicant.
(2)
Inspect buildings and premises for compliance with the Uniform Code.
(3)
Issue, deny and revoke building permits and certificates of occupancy.
(4)
Maintain records of each building permit, certificate of occupancy,
inspection finding and decision of appeal and shall annually submit
to the Town Board a written report of all business conducted.
(5)
Issue written orders to remedy violations.
A.
No person, firm, corporation, association or other organization shall
commence the construction, alteration, removal or demolition of any
building or structure without having applied for and obtained a building
permit from the Enforcement Officer, except that no building permit
shall be required for the performance of ordinary repairs which are
not structural in nature. The Enforcement Officer shall interpret
the Uniform Code to determine whether permits for alterations are
necessary on a case-by-case basis.
B.
Applications for such building permits shall be available through
the Clerk of the Town of Johnstown, who shall maintain duplicates
of all records and proceedings associated with such application.
C.
The permit application shall specify at a minimum the signature of
the applicant or authorized agent; a description of the work site;
a statement of the use or occupancy of all parts of the land and of
the proposed building or structure; a brief description of the proposed
work, including plans and specifications; the estimated cost of the
proposed work; the name and address of the owner and applicant and,
if either be a corporation, the names and addresses of responsible
officers; such other information as may reasonably be required to
establish compliance with the requirements of applicable laws, rules
and regulations; and the fee for the permit.
D.
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 Town Building Inspector has certified that the proposed work is in compliance with the Zoning Law (Chapter 84 of the Town Code). The permit shall be prominently displayed on the property or premises to which it pertains during construction so as to be readily seen from adjacent thoroughfares, if possible.
E.
A building permit may be suspended or revoked if it is determined
that the work to which it pertains is not proceeding in accordance
with the Uniform Code or if there has been a misrepresentation or
falsification of a material fact in connection with the application
or the permit or if the building permit was issued in error or upon
the failure to comply with a written order from the Enforcement Officer.
F.
A building permit shall expire nine months from the date of issuance
or upon the issuance of a certificate of occupancy, whichever occurs
first. The permit may, upon written request and for good cause, be
extended for a three-month period, provided that the permit has not
been revoked or suspended at the time the application for renewal
is made. Additionally, the relevant information in the application
must be up to date and the fee paid in order to obtain an extension.
A.
Upon issuance of a building permit, it shall be the responsibility
of the owner, applicant or his agent to arrange inspections with the
Enforcement Officer.
B.
All structures for which a building permit have been issued shall
be inspected for compliance with the provisions of the Uniform Code.
The Enforcement Officer, upon determination that a dwelling or structure
undergoing construction or alteration has complied with the applicable
provisions of the Uniform Code, shall issue a certificate of occupancy
before any occupancy or use of the dwelling or structure is allowed.
C.
No regular, periodic inspection of occupied dwelling units shall
be required; however, 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.
D.
All multiple dwellings and other structures and uses existing as
of the effective date of this chapter, which the Uniform Code required
to be periodically inspected, shall be inspected for compliance with
the provisions of such Uniform Code. The Enforcement Officer, upon
determination that the existing dwelling, structure or use complies
with the applicable provisions of the Uniform Code, shall issue a
certificate of occupancy. The frequency of the periodic inspections
shall be established by resolution of the Town Board.
E.
A temporary certificate of occupancy may be issued if the building
or structure or a designated portion of a 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 three
months from the date of issuance and may be extended, for good cause
shown, a maximum of two three-month periods.
Access to buildings and premises by the Enforcement Officer
to conduct inspections shall be made after reasonable prior notice
has been given to the owner or authorized representative.
A.
Buildings and premises not in compliance with applicable provisions
of the Uniform Code are deemed to be in violation of the Uniform Code.
In the case of such violation, a certificate of occupancy shall not
be issued. Also, when a certificate of occupancy has been previously
issued, it shall be revoked if such violation is not remedied, as
provided for under this chapter.
B.
Upon determination that a violation of the Uniform Code, this chapter
or rules and regulations adopted hereunder exists in, on or about
any building or premises, the Enforcement Officer shall order, in
writing, the remedial action that must be taken. Such order to remedy
violation shall state the provision of the Uniform Code or this chapter
or rules and regulations adopted hereunder that has been violated
and shall grant a specific period of time that may be reasonable to
achieve compliance. If there is no compliance by the specified date,
the Enforcement Officer shall notify the owner of the property or
the owner's agent, in the form of a stop order, to stop all work.
Such persons shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded by the Enforcement
Officer. Such order and notice shall be in writing and shall state
the conditions under which the work may be resumed. Both the order
to remedy violations or stop order 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 where
the work is being performed and sending a copy of the order to him
by certified mail at the address set forth in the building permit
application, if such application shall have been made.
C.
Any person who shall fail to comply with a written order of the Enforcement
Officer within the time fixed for compliance and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents or any other person taking part or assisting in the
construction or use of any building who shall knowingly violate any
of the applicable provisions of the law or any lawful order, notice,
permit or certificate of the Enforcement Officer shall be guilty of
an offense punishable by a fine not exceeding $1,000 or imprisonment
for a period not to exceed one year, or both. For the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose,
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate, additional violation. Except as otherwise provided by
law, such violation shall not be a crime, and the penalty or punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
penalty or punishment and shall not impose any disability upon or
affect or impair the credibility as a witness or otherwise of any
person found guilty of such an offense.
D.
An action or proceeding in the name of the Town of Johnstown may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the
Uniform Code, this chapter, any rules or regulations adopted pursuant
to this chapter or a violation order or to vacate the occupancy or
building in the case of imminent danger to life or property. Such
remedy shall be in addition to penalties otherwise prescribed by law.
Any owner or authorized representative of buildings or premises
affected by the Uniform Code or this chapter may appeal to the New
York State Regional Board of Review the following actions:
The Town Board may adopt such rules and regulations as the Board
deems reasonable to carry out the provisions of this chapter. The
Enforcement Officer may make recommendations to the Town Board to
adopt, amend or appeal such rules and regulations as they may relate
to efficient administration and enforcement of the provisions of the
Uniform Code. Such rules and regulations shall not conflict with the
Uniform Code, this chapter or any other provision of law.
Fees to cover the cost of inspections and the issuance of certificates
of occupancy as provided for by the terms of this chapter shall be
established from time to time by resolution of the Town Board.
