[HISTORY: Adopted by the Town Board of the Town of Colton 10-11-2006 by L.L. No.
3-2006. Amendments noted where applicable.]
A.
This chapter
shall provide for administration and enforcement of the New York State
Uniform Fire Prevention and Building Code (Uniform Code) in the Town
of Colton. 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.
B.
CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
COMPLIANCE ORDER
ENERGY CODE
INSPECTOR
OPERATING PERMIT
PERMIT HOLDER
PERSON
STOP-WORK ORDER
TEMPORARY CERTIFICATE
TOWN
UNIFORM CODE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:[1]
A certificate issued pursuant to § 74-8 of this chapter.
The Code Enforcement Officer appointed pursuant to § 74-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 74-14A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 74-3D of this chapter.
A permit issued pursuant to § 74-9 of this chapter. This term shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
business trust, estate, trust, association or any other legal or commercial
entity of any kind or description.
An order issued pursuant to § 74-7 of this chapter.
A certificate issued pursuant to § 74-8F of this chapter.
The Town of Colton
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Town Board may, by resolution, authorize the Supervisor
to enter into a contract with other governments to carry out the terms
of this chapter.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review and approve or disapprove applications for building
permits (certificates of occupancy/certificates of compliance), temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits (certificates
of occupancy/certificates of compliance), temporary certificates,
and operating permits, and to include in building permits (certificates
of occupancy/certificates of compliance), temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates, and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town of Colton;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town of Colton's Attorney, to pursue
(with concurrence of the Town Board) such legal actions and proceedings
as may be necessary to enforce the Uniform Code, the Energy Code and
this chapter or to abate or correct conditions not in compliance with
the Uniform Code, the Energy Code or this chapter;
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter; and
(12)
Any other duties that may be assigned to the Code Enforcement Officer
by the Town Board.
B.
The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Supervisor,
with consent of the Town Board, to serve as Acting Code Enforcement
Officer. The Acting Code Enforcement Officer shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer shall be fixed
and adjusted annually as needed by the Town Board of the Town of Colton.
A.
Permits required.
(1)
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.
(2)
No permit shall be required for:
(a)
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);
(b)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(c)
Construction of retaining walls, unless such walls support a
surcharge or impound Class I, II or IIIA liquids;
(d)
Installation of window awnings supported by an exterior wall
of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(e)
Installation of partitions or movable cases less than five feet,
nine inches in height;
(f)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(g)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(h)
Replacement of any equipment, provided the replacement does
not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(i)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing wall, partition
or portion thereof or of any structural beam or load-bearing component;
[2]
The removal or change of any required means of egress or the
rearrangement of parts of a structure in a manner which affects egress;
[3]
The enlargement, alteration, replacement or relocation of any
building system; or
[4]
The removal from service of all or part of a fire protection
system for any period of time.
B.
Application for a permit.
(1)
An application for a building permit shall request sufficient information
to permit a determination that the intended work accords with the
requirements of the 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 (drawings 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.
(a)
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 12 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 the
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 Uniform Code.
(7)
Building permits shall be visibly displayed at the work site and
are to remain visible until the project has been completed.
A fee schedule shall be established, and changed as needed,
by resolution of the Town Board. Such fees may be charged for the
issuance of permits, permit renewals, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, operating permits
and for firesafety inspections.
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, applicant, or his agent to notify the Code Enforcement
Officer when construction work is ready for inspection.
(1)
If entrance to make an inspection is refused or cannot be obtained,
the Town Board, after being notified by the inspector of the situation,
may apply for an order to make an 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 to be applicable:
(1)
Work site prior to 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 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 the 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 Official may place special conditions on temporary
certificates as necessary to ensure safety and to protect the interest
of the Town.
(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 12 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 Official 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 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 Table 2703.1.1(1), 27031.1(2), 2703.1.1(3),
or 2703.1.1(4) of the Fire Code of New York State (see 19 NYCRR Part
1225);
(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
potential 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 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 every 12 months.
(2)
Firesafety inspections of buildings or structures being occupied
as dormitories shall be performed at least once every 12 months.
(3)
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.
(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 Town of Colton shall notify the Code Enforcement
Official 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.
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 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 Town Board that a complaint has been
received and a violation notice has been issued;
D.
Upon statement 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 Town 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 Town 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 Town 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 regulation.
B.
The Code Enforcement Officer shall annually submit to the Town 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 Town Board, on a form prescribed by the
Secretary, a report of its activities relative to administration and
enforcement of the Uniform Code.
