[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 11-14-2006 by L.L. No. 2-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 45.
Electrical standards — See Ch. 59.
Flood damage prevention — See Ch. 71.
Licenses and permits — See Ch. 84.
Mobile homes — See Ch. 95.
Property maintenance — See Ch. 115.
Sewers — See Ch. 121.
Water — See Ch. 155.
Zoning — See Ch. 160.
[1]
Editor's Note: This local law also superseded former Ch. 42,
Building Construction and Fire Prevention, comprised of Part 1, Uniform
Code Enforcement, adopted 10-14-1997 by L.L. No. 2-1997; Part 2, Fire
Limits, adopted 8-4-1942; and Part 3, Building Official, adopted 10-8-1985
by L.L. No. 5-1985.
This chapter shall provide for administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (Uniform
Code) in the Village of Wolcott. This chapter is adopted pursuant
to § 10 of Article 2 of the Municipal Home Rule Law. Except
as otherwise provided within this chapter, state law or within the
Uniform Code, all premises, regardless of use, are subject to the
provisions which follow.
The Village Board may, by resolution, authorize the Mayor to
enter into a contract with other governments to carry out the terms
of this chapter.
If any section of this chapter shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair or invalidate the remainder thereof.
A.
The office of Code Enforcement Officer is hereby created and shall
be administered by an appointee of the Village Board. The Code Enforcement
Officer shall possess background experience related to building construction
or fire prevention and shall, within the time constraints prescribed
by law, obtain such training as the State of New York shall require
for Code Enforcement Officers.
B.
In the absence of the Code Enforcement Officer, or in the case of
his inability to act for any reason, the Mayor shall have the power,
with the consent of the Village Board, to designate a person to act
on behalf of the Code Enforcement Officer and to exercise all the
powers conferred upon him by this chapter.
C.
The Mayor, with the approval of the Village Board, may appoint one
inspector or more, as the need may appear, to act under the supervision
and direction of the Code Enforcement Officer as directed by him.
D.
The compensation for the Code Enforcement Officer, acting Code Enforcement
Officer and inspectors shall be fixed and adjusted, as needed, by
the Village Board.
E.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and the provisions of this chapter,
including receiving building permit applications, reviewing plans
and specifications, conducting inspections, issuing permits for the
erection, alteration, relocation, addition, repair and/or demolition
of buildings and structures, issuing certificates of occupancy, collecting
fees as set forth by the Village Board and maintaining and filing
all records necessary for the administration of the office to the
satisfaction of the Village Board. The Code Enforcement Officer is
authorized to pursue administrative actions and, in consultation with
the Village Attorney, legal action, as necessary, to abate conditions
not in compliance with the New York State Uniform Fire Prevention
and Building Code, this chapter or other laws, rules or regulations
of the Village of Wolcott or of the State of New York.
A.
Permit required. Except as hereinafter provided, no person, firm,
corporation, association or partnership shall commence the construction,
enlargement, alteration, improvement, removal, relocation or demolition
of any building or structure, or any portion thereof, or install a
solid-fuel-burning heating appliance, chimney or flue in any dwelling
unit without first having obtained a permit from the Code Enforcement
Officer.
B.
No permit shall be required for:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters).
(2)
Installation of fences which are not part of an enclosure surrounding
a swimming pool.
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids.
(4)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses).
(5)
Installation of partitions or movable cases less than five feet nine
inches in height.
(6)
Painting, wallpapering, tiling, carpeting or other similar finish
work.
(7)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances.
(8)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall or partition,
or portion thereof, or of any structural beam or load-bearing component.
(b)
The removal or change of any required means of egress or the
rearrangement of parts of a structure in a manner which affects egress.
(c)
The enlargement, alteration, replacement or relocation of any
building system.
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Application for a permit.
(1)
An application for a building permit shall request sufficient information
to permit a determination that the intended work complies with the
requirements of the New York State Uniform Code and shall require
submission of the following information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)
At least two sets of construction documents (drawing and/or
specifications) that define the scope of the proposed work.
(2)
Construction documents shall not be accepted as part of an application
for a building permit unless such documents:
(a)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law.
(b)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed.
(c)
Substantiate that the proposed work will comply with the Uniform
Code and the State Energy Conservation Construction Code.
(d)
Where applicable, include a site plan that shows any existing
and proposed structures on the site, the location of any existing
or proposed well or septic system, the location of the intended work
and the distances between the structures and the lot lines.
(3)
Applications for a building permit or for an amendment thereto shall
be examined to ascertain whether the proposed construction is in substantial
conformance with the requirements of the Uniform Code. The Code Enforcement
Officer shall stamp, sign and date all accepted construction documents.
One set of accepted construction documents shall be retained by the
Code Enforcement Officer. One set shall be returned to the applicant
to be kept at the work site so as to be available for use by the Code
Enforcement Officer.
(4)
The building permit shall contain a statement directing that all
work shall be performed in accordance with the construction documents
submitted and accepted as part of the application and shall include
the directive that the Code Enforcement Officer shall be notified
immediately in the event of changes occurring during construction.
(5)
Building permits shall expire 12 months from the date of issuance.
Permits shall become invalid unless the work authorized is commenced
within six months following the date of issuance. Building permits
may be renewed, provided that the work has commenced in such a manner
as to be ongoing and upon payment of the appropriate fee.
(6)
Building permits which are issued in error because of incorrect,
inaccurate or incomplete information, or when the work for which such
permit was issued violates the Uniform Code, shall be revoked or suspended
until such time as the permit holder demonstrates that all work completed
and all work proposed shall be in compliance with applicable provisions
of the code.
(7)
Building permits shall be visibly displayed at the work site and
remain visible until the project has been completed.
A fee schedule shall be established and changed, as needed,
by resolution of the Village Board. Such fees may be charged for the
issuance of permits, permit renewals, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy and operating permits;
for fire safety inspections; and for reinspections and nuisance inspections,
as deemed necessary by the Building/Code Enforcement Officer.
A.
Permitted work shall remain accessible and exposed until inspected
and accepted by the Code Enforcement Officer. It shall be the responsibility
of the owner or applicant, or his agent, to notify the Code Enforcement
Officer when construction work is ready for inspection. If entrance
to make an inspection is refused or cannot be obtained, the Village
Board, after being notified by the inspector of the situation, may
apply for an order to make inspection to any court of competent jurisdiction.
B.
The following elements of the construction process shall be inspected
as determined by the Code Enforcement Officer, where applicable:
(1)
Work site prior to the issuance of a permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building permit
has been completed.
C.
After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified
as to where the work fails to comply with the Uniform Code. Construction
work not in compliance with code provisions shall be required to remain
exposed until it has been brought into compliance with the code, been
reinspected and been found satisfactory as completed.
The Code Enforcement Officer is authorized to issue stop-work
orders to halt work that is determined to be contrary to provisions
of the Uniform Code or is being conducted in a dangerous or unsafe
manner or is being performed without obtaining a required permit.
A stop-work order shall state the reason for its issuance and the
conditions which must be satisfied before work will be permitted to
resume.
A.
No building erected subject to the New York State Uniform Fire Prevention
and Building Code shall be used or occupied, except to the extent
authorized hereunder, until a certificate of occupancy has been issued.
B.
No building similarly enlarged, extended or altered, or upon which
work has been performed which requires the issuance of a building
permit, shall be occupied or used after the completion of the alteration
or work unless a certificate of occupancy or a certificate of compliance
has been issued.
C.
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.
D.
A certificate of occupancy or a certificate of compliance shall be
preceded by an inspection of the building, structure or work. Where
applicable, the Code Enforcement Officer may require a written statement
of structural observations and/or a final report of special inspections,
prepared in accordance with the provisions of the Uniform Code, to
be received prior to the issuance of the certificate. Also, where
applicable, flood hazard certifications, prepared in accordance with
the provisions of the Uniform Code shall be received prior to the
issuance of the certificate.
E.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate is not applicable to an entire structure, a description
of that portion of the structure for which the certificate is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the official issuing the certificate and the date
of issuance.
F.
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.
(2)
A temporary certificate shall list the items which remain uncompleted.
The Code Enforcement Officer may place special conditions on temporary
certificates, as necessary, to ensure safety and to protect the interest
of the Village.
(3)
The effectiveness of a temporary certificate shall be limited to
a specified period of time as determined by the Code Enforcement Officer,
but in no event longer than two months, during which the permit holder
shall undertake to bring the structure into full compliance with applicable
provisions of the Uniform Code.
(4)
A temporary certificate of occupancy may, at the discretion of the
Code Enforcement Officer and upon payment of an additional fee as
specified for a temporary certificate of occupancy, be renewed.
G.
A certificate of occupancy or certificate of compliance issued in
error or on the basis of incorrect information shall be suspended
or revoked if the relevant deficiencies are not corrected within a
period of time specified by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall issue operating permits for conducting
the activities or using the categories of buildings listed below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) of the Fire Code of New York State. (See 19 NYCRR Part
1225.1.)
(2)
Hazardous processes and activities, including but not limited to
commercial and industrial operations which produce combustible dust
as a byproduct, fruit and crop ripening and waste handling.
(3)
Use of pyrotechnic devices in assembly occupancies.
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more.
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the Village Board
by resolution.
B.
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall be provided by the Code Enforcement Officer and shall contain sufficient information to permit a determination that quantities, materials and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required as determined by the Code Enforcement Officer.
C.
An inspection of the premises shall be conducted prior to the issuance
of an operating permit.
D.
A single operating permit may apply to more than one hazardous activity
as determined by the Code Enforcement Officer.
F.
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
A.
Fire prevention and property maintenance inspections.
(1)
Firesafety inspections of buildings or structures having areas of
public assembly shall be performed at least once in every 12 months.
(2)
Firesafety inspections of buildings or structures being occupied
as dormitories shall be performed at least once in every 12 months.
(3)
Fire safety inspections of all other buildings, uses and occupancies
(except one- or two-family dwellings) shall be inspected at least
once in every 36 months.
(4)
An inspection of a building or dwelling unit may also be performed
at any other time upon:
B.
All such inspections shall be performed by the Code Enforcement Officer
or his duly authorized deputies.
The chief of any fire department providing fire-fighting services
for a property within the Village of Wolcott shall notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent, or any fire the
origin of which has been traced to the electrical system of any building
or structure.
The Village of Wolcott has made provisions for the restoration, demolition or removal of unsafe buildings in Chapter 45 of the Wolcott Village Code.
Bona fide complaints which assert that conditions or activities
fail to comply with the Uniform Code or with local laws, ordinances
or regulations adopted for administration and enforcement of the Uniform
Code shall be investigated by the Code Enforcement Officer. The process
for responding to such complaints shall include:
A.
Provisions for inspection of the conditions and/or activities alleged
to be in violation of the code or this chapter.
B.
Written notification to any offending party and the property owner
of any such violation, with a period of time as determined by the
Code Enforcement Officer to cause any such violations to be corrected.
C.
Written notification to the Village Board that a complaint has been
received and a violation notice has been issued.
D.
Upon abatement of a violation, an inspection shall be performed by
the Code Enforcement Officer to ensure that the violation has been
corrected, and a final written report shall be filed with the complaint.
A.
Upon determination that a violation of the Uniform Code or this chapter
exists in, on or about any building or premises, the Code Enforcement
Officer shall order, in writing, the remedying of the condition. Such
order shall state the specific provision of the Uniform Code which
the particular condition violates and shall grant such time as may
be reasonably necessary for achieving compliance before proceedings
to compel compliance shall be instituted. Such order shall be served
personally or by notification by registered mail.
B.
In addition to those penalties prescribed by state law, any person,
firm or corporation who violates any provision of the Uniform Code
or any rule or regulation of this chapter, or the terms or conditions
of any certificate of occupancy issued by the Code Enforcement Officer,
shall be liable to a civil penalty of not more than $200 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Village Board on its own initiative
or at the request of the Code Enforcement Officer.
C.
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Village Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of, the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued,
fees charged and collected, inspection reports, all rules and regulations
promulgated by him with the consent of the Village Board, and notices
and orders issued. All such records shall be public records open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by state
law and regulations.
B.
The Code Enforcement Officer shall annually submit to the Village
Board a written report and summary of all business conducted by the
Building Department, including approvals, permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made, and appeals or litigation pending or concluded.
C.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Village Board, on a form prescribed by
the Secretary, a report of its activities relative to administration
and enforcement of the Uniform Code.
