[Amended 3-20-2003 by L.L. No. 1-2003; 12-6-2007 by L.L. No.
5-2007]
[Amended 3-20-2003 by L.L. No. 1-2003]
Before issuing a certificate of occupancy or
certificate of compliance, the Building Inspector shall examine or
cause to be examined all buildings, structures and sites for which
an application has been filed for a building permit to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy;
and he/she may conduct such inspections as he/she deems appropriate
from time to time during and upon completion of the work for which
a building permit has been issued.
[Amended 3-20-2003 by L.L. No. 1-2003; 12-6-2007 by L.L. No.
5-2007]
A.
When, after final inspection, it is found that the proposed work
has been completed in accordance with the Uniform Fire Prevention
and Building Code, this Code, applicable building laws and rules and
regulations and also in accordance with the application, approved
plans and specifications filed in connection with the issuance of
the building permit, the Building Inspector shall issue a certificate
of occupancy or certificate of compliance upon the form provided by
him or her. If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to issue a certificate
of occupancy or certificate of compliance and shall order the work
completed in conformity with the building permit and in conformity
with the applicable building regulations and shall notify the property
owner in writing of the work to be completed in order to conform with
the building permit and applicable building regulations.
B.
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 date of issuance.
[Amended 3-20-2003 by L.L. No. 1-2003]
Upon request, the Building Inspector may issue
a temporary certificate of occupancy or certificate of compliance
for a building or structure or part thereof before the entire work
covered by the building permit shall have been completed, provided
that such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare and said certificate
of occupancy or certificate of compliance shall set forth a reasonable
and ample time frame in which the required work shall be completed
in order to obtain a nontemporary certificate of occupancy or certificate
of compliance and a date on which the temporary certificate of occupancy
or certificate of compliance shall terminate or expire.
[Added 12-6-2007 by L.L. No. 5-2007]
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
reasonable length of time as specified by the Building Inspector.
[Added 12-6-2007 by L.L. No. 5-2007]
A.
The Building Inspector 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 5003.1.1(1), (2), (3) or (4) of the
Fire Code of New York State (See 19 NYCRR Part 1225.);
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a by-product, 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; and
(5)
Buildings whose use or occupancy classification may pose a substantial
hazard to public safety, as determined by the Town 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 Building Inspector 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 Building Inspector.
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 Building Inspector.
F.
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
[Added 12-6-2007 by L.L. No. 5-2007]
The Building Inspector or his or her duly authorized deputies,
within the prescribed time frames and prior to issuance or renewal
of any operating permit, shall perform all such inspections:
A.
Firesafety inspections of buildings or structures having areas of
public assembly shall be performed at least once in every 12 months.
B.
Firesafety inspections of buildings or structures being occupied
as dormitories shall be performed at least once in every 12 months.
C.
Firesafety inspections of all other buildings, uses and occupancies
(except one- or two-family dwellings) shall be inspected at least
once in every 36 months.
D.
An inspection of a building or dwelling unit may also be performed
at any other time upon:
[Added 12-6-2007 by L.L. No. 5-2007]
The chief of any fire department providing fire-fighting services
for a property within the Town of Walworth shall notify the Building
Inspector or Fire Marshal 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.
[Added 12-6-2007 by L.L. No. 5-2007]
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 Building Inspector. 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 Uniform Code or this chapter.
B.
Written notification to any offending party and the property owner
of any such violation, with a reasonable period of time, as determined
by the Building Inspector, to cause any such violations to be corrected.
C.
Written notification to the Town 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 Building Inspector to ensure that the violation has been corrected,
and a final written report shall be filed with the complaint.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the New York State Uniform Fire Prevention
and Building Code, this Code and applicable building laws, rules or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
