[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville 2-13-1995 by L.L. No. 3-1995. Amendments
noted where applicable.]
[Amended 3-10-2008 by L.L. No. 2-2008]
A.
There is
hereby designated in the Village of Fayetteville a public official
to be known as the "Codes Enforcement Officer," who shall be appointed
by the Mayor, with the approval of the Board of Trustees at a compensation
to be fixed by it. The Codes Enforcement Officer of the Village of
Fayetteville is hereby designated to administer and enforce this chapter,
the New York State Uniform Fire Prevention and Building Code and all
building-related codes as apply in the Village of Fayetteville. The
"Code Enforcement Officer" shall mean a certified Code Enforcement
Officer who is appointed by the Village of Fayetteville as provided
under 19 NYCRR Part 434, § 434.6, Procedures for Basic Code
Enforcement Training, and § 434.7, Procedures for In-Service
Training of Code Enforcement Personnel, the Uniform Fire Prevention
and Building Code of New York State, and other related laws, regulations
and codes of the State of New York.
B.
The Village
Board of Trustees may appoint one or more Deputy Codes Enforcement
Officers, as the need may appear, to act under the supervision of
the Codes Enforcement Officer and to exercise any portion of his powers
and duties. The compensation of such Deputy Codes Enforcement Officer
shall be fixed by the Village Board of Trustees.
A.
The New York State Uniform Fire Prevention and Building
Code, New York State Executive Law Article 18 and any regulations
promulgated pursuant thereto shall collectively be referred to herein
as the "Uniform Code."
B.
"Building-related codes," as the phrase is used in
this chapter, shall include all other state or local laws, ordinances
or regulations applicable to the location, design, materials, construction,
enlargement, alteration, repair, equipment, use, occupancy, removal
or demolition of buildings, structures and their appurtenances located
in the Village of Fayetteville, including but not limited to those
chapters of the Code of the Village of Fayetteville pertaining to
zoning, subdivision, signs and gas stations.[1]
A.
No owner, person, corporation, association or other
organization or entity shall knowingly cause, take part or assist
in the construction, enlargement, alteration, repair, removal or demolition
of any building or other structure nor install heating equipment except
in accordance with a valid building permit for such activity issued
by the Codes Enforcement Officer. This subsection shall not apply
when a building permit is not required pursuant to the terms of this
chapter or the Uniform Code. Persons or entities violating this subsection
shall be subject to those penalties that pertain to knowing violations
set forth later in this chapter.
B.
No property owner shall cause or permit the construction,
enlargement, alteration, repair, removal or demolition of any building
or other structure nor install heating equipment on their property
except in accordance with a valid building permit for such activity
issued by the Codes Enforcement Officer. This subsection shall not
apply when a building permit is not required pursuant to the terms
of this chapter or the Uniform Code.
C.
No building permit shall be required for the performance
of necessary repairs which are not of a structural nature and which
are done in conformance with the Uniform Code.
D.
No building permit shall be required for the performance
of construction, enlargement, alteration, repair, removal, or demolition
of any nonresidential farm buildings as referred to in Uniform Code
Section 651.3.
E.
Applications for a building permit may be obtained
from the Office of Code Enforcement. A completed application shall
be delivered to the Codes Enforcement Officer and must include:
(1)
The signature of the applicant or authorized agent.
(2)
A description of the site on which the proposed work
is to be done.
(3)
A statement of the existing and proposed use or occupancy
of all parts of the land and of all existing and/or proposed buildings
or structures.
(4)
A brief description of the proposed work.
(5)
The estimated value of the proposed work with appropriate
substantiation.
(6)
The full name and address of the owner and the applicant
and, if either be other than a natural person, the names, titles and
addresses of responsible officers.
(7)
Two sets of plans and specifications for the proposed
work.
(8)
The fee specified pursuant to this chapter.
(9)
Written permission from the property owner and the
applicant for the Codes Enforcement Officer to enter the property
and structure thereon as frequently as he deems necessary to inspect
the same for the compliance with the Uniform Code, the Village Code
and all building-related codes.
(10)
Duly approved authorizations or permits where required
for the proposed building or other structure or use pursuant to any
applicable building-related codes.
(11)
Duly approved plumbing permit issued by the Onondaga
County Department of Health for the project, if required.
(12)
Duly approved electrical permit issued by an agency
or entity recognized to issue such permits pursuant to a resolution
of the Village of Fayetteville Board of Trustees.
F.
Subject to the following section, the requirement
of plans and specifications may be waived where the work is found
by the Codes Enforcement Officer to consist only of alterations of
no structural significance.
A.
In addition to the requirements set forth in §§ 7209
and 7307 of the New York State Education Law, all plans or specifications
for the construction, enlargement, alteration or repair involving
the structural integrity of any building or other structure, regardless
of its size, shall require:
(1)
The official and authorized signature of an architect
or professional engineer licensed in this state to be affixed to the
face thereof; or,
(2)
The official seal and authorized signature of an architect
or professional engineer not a resident of this state and having no
established business in this state, but who is legally qualified to
practice as such in his own state, provided that such person may lawfully
practice as such in this state, and provided further that the plans
or specifications are accompanied by and have attached thereto written
authorization issued by the New York State Department of Education
certifying to such right to practice at such time.
B.
To all plans, specifications, plats and/or reports
to which such seal has been applied, there shall also be applied a
stamp with appropriate wording warning that it is a violation of the
law for any person, unless he is acting under the direction of a licensed
professional engineer or architect, to alter such document in any
way.
C.
No owner, person, corporation, association or other
organization or entity shall knowingly cause, take part or assist
in the construction, enlargement, alteration, repair, removal, demolition
or use of any building or other structure nor install heating equipment
in violation of any statement of specifications or plans pertaining
to said structure submitted and approved pursuant to this chapter,
the Uniform Code or any building-related codes. Persons or entities
violating this subsection shall be subject to those penalties that
pertain to knowing violations set forth later in this chapter.[1]
[1]
Editor's Note: See § 78-12A.
D.
No property owner shall cause or permit the construction,
enlargement, alteration, repair, removal or demolition or use of any
building or other structure nor install heating equipment on their
property in violation of any statement of specifications or plans
pertaining to said structure submitted and approved pursuant to this
chapter, the Uniform Code or any building-related codes.
A.
The applicant shall notify the Codes Enforcement Officer
of any changes in the information contained in the application during
the period for which the permit is in effect within 24 hours of any
such changes.
B.
A building permit will be issued when the application
has been determined to be complete and when the proposed work is determined
to conform to the requirements of the Uniform Code, this chapter and
applicable building-related codes. The authority conferred by such
building permit may be limited by conditions, if any, contained therein.
C.
A building permit issued pursuant to this chapter
shall be prominently displayed by the property owner on the property
or premises to which it pertains in such a position as to be readily
visible from the street or, if such is not feasible, from the driveway
leading to the applicable building or other structure.
A.
A building permit issued pursuant to this chapter
may be suspended or revoked in any of the following instances:
(1)
If it is determined that the work to which it pertains
is not proceeding in conformance with this chapter, the Uniform Code
or with any condition attached to such permit;
(2)
If there has been a misrepresentation or falsification
of a material fact in connection with the application for the permit;
(3)
If the building permit was issued in error and, in
accordance with applicable law, should not have been issued; or
(4)
If the person to whom a building permit has been issued
fails or refuses to comply with a valid order duly issued by the Codes
Enforcement Officer.
B.
A building permit issued pursuant to this chapter
shall expire six months from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for two successive six-month periods, provided
that:
A.
No property owner shall permit the occupancy of any
building or other structure without a valid certificate of occupancy
issued by the Codes Enforcement Officer where one is required pursuant
to this chapter, the Uniform Code, or any building-related codes.
B.
No person shall knowingly reside in or occupy any
building or other structure for which a valid certificate of occupancy
has not been issued by the Codes Enforcement Officer where one is
required pursuant to this chapter, the Uniform Code, or any building-related
codes. Persons or entities violating this subsection shall be subject
to those penalties that pertain to knowing violations set forth later
in this chapter.[1]
[1]
Editor's Note: See § 78-12A.
C.
No building or other structure erected subject to
the Uniform Code or this chapter shall be used or occupied, except
to the extent provided in this section, until a certificate of occupancy
has been issued.
D.
No building or other structure, newly constructed
or upon which work has been performed, which required the issuance
of a building permit shall be occupied or used after the completion
of the alteration or work unless a temporary or other certificate
of occupancy has been issued.
E.
A temporary certificate of occupancy may be issued
if a building or other structure or a designated portion of a building
or other structure is sufficiently complete so that it may be put
to the use for which it is intended. A temporary certificate of occupancy
shall expire six months from the date of issuance but may be renewed
two times upon a finding by the Codes Enforcement Officer that substantial
progress is being made toward completion of the permitted work and
there is a reasonable cause for the work not being sooner completed.
F.
No temporary or permanent certificate of occupancy
shall be issued except upon an inspection which reveals no uncorrected
deficiency or material violation of the Uniform Code in the area intended
for use and upon payment of that fee established pursuant to this
chapter.
G.
No change shall be made in the use or type of occupancy
as classified under the Uniform Code of an existing building unless
a certificate of occupancy authorizing such change shall have been
issued by the Codes Enforcement Officer.
H.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed with
the Codes Enforcement Officer an affidavit of the registered architect
or licensed professional engineer who filed the original plans or
of the registered architect or licensed professional engineer who
supervised the construction of the work, or the superintendent of
construction who supervised the work and who, by reason of his/her
experience, is qualified to superintend the work for which the certificate
is sought. This affidavit shall state that the deponent has examined
the approved plans and specifications of the structure for which a
certificate of occupancy is sought, that the structure has been erected
in accordance with approved plans and specifications and, as erected,
complies with the provisions of this chapter, the Uniform Code and
all other building-related codes except insofar as variations therefrom
have been legally, authorized. Such variations shall be specified
in the affidavit.
I.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
provisions of this chapter, the Uniform Code and all other building-related
codes and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit, the
Codes Enforcement Officer shall issue a certificate of occupancy upon
the form provided by him. If it is found that the proposed work has
not been properly completed, the Codes Enforcement Officer shall refuse
to issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with this
chapter, the Uniform Code and all building-related codes.
[Amended 3-10-2008 by L.L. No. 2-2008]
A.
Work for which a building permit has been issued shall be inspected
for approval prior to enclosing or covering any portion thereof and
upon completion of each stage of construction, including, but not
limited to, building location, site preparation, excavation, foundation,
framing, superstructure, electrical, plumbing and heating and air
conditioning.
B.
It shall be the responsibility of the owner, applicant or his agent
to inform the Codes Enforcement Officer that the work is ready for
inspection; to schedule such inspection with the Codes Enforcement
Officer during regular inspection hours established pursuant to this
chapter, as from time to time amended; and to allow a reasonable amount
of time for such inspection to be completed.
C.
Time periods.
(1)
The Code Enforcement Officer will conduct inspections at the following
intervals:
(a)
Fire safety and property maintenance inspections of buildings
or structures which contain an area of public assembly shall be performed
at least once every 12 months.
(b)
Fire safety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at
least once every 12 months.
(c)
Fire safety and property maintenance inspections of all public areas of multiple dwellings and other rental dwellings, not included in Subsection C(1) or (2) of this subdivision shall be performed at least once every 12 months. The owner of the dwelling shall be given 10 days' notice of such inspections and required to post a notice informing the tenants of the dwelling that they have the right to request the Code Enforcement Officer to inspect their respective dwelling unit.
(2)
In addition to the fire safety inspections required by Subsection B of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer at any time upon:
(a)
The request of the owner of the property to be inspected by
any tenant or an authorized agent of such owner.
(b)
Receipt by the Code Enforcement Officer of a written statement
alleging that conditions or activities failing to comply with the
New York State Uniform Fire Prevention and Building Code, the Energy
Code of New York State, or the Code of the Village of Fayetteville.
(c)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the New York State Uniform Fire Prevention
and Building Code, the Energy Code of New York State, and/or the Code
of the Village of Fayetteville exist; provided, however, that nothing
in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
D.
The inspections required pursuant to this chapter may be performed
by the Codes Enforcement Officer.
E.
An owner of property subject to inspection under this chapter may
be required by the Codes Enforcement Officer to have such inspection
performed at his own cost and expense by a competent inspector acceptable
to the Codes Enforcement Officer. Such inspection may be a registered
architect, licensed professional engineer, certified Code Enforcement
Officer or other person whose experience and training has been demonstrated
to the satisfaction of the Codes Enforcement Officer. Such inspector
shall give the results of his inspection to the Codes Enforcement
Officer.
F.
If the Codes Enforcement Officer is the owner of or is involved in
work on the premises to be inspected or if there shall otherwise be
any conflict of interest, the Village Board shall appoint a qualified
individual to perform such duties otherwise performed by the Codes
Enforcement Officer.
G.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of this Code, the Uniform Code or any rules or regulations promulgated
thereunder, the Codes Enforcement Officer may require the owner to
provide for testing specified by the Codes Enforcement Officer in
order to furnish proof of such compliance.
H.
Fire safety
inspections of buildings and structures as well as property maintenance
inspections that relate to fire safety can also be performed by a
fire inspector.
[Amended 11-24-2008 by L.L. No. 7-2008]
(1)
The
"fire inspector" shall be a certified Code Enforcement Officer who
is a member of the Fayetteville Fire Department. That certified Code
Enforcement Officer shall have completed training as provided under
19 NYCRR 434, § 434.6, Procedures for basic code enforcement
training, and § 434.7, Procedures for in-service training
of code enforcement personnel, the Uniform Fire Prevention and Building
Code of New York State, and other related laws, regulations and Code
of the State of New York.
(a)
Where
a fire inspector is a certified Code Compliance Technician, that fire
inspector shall be a member of the Fayetteville Fire Department. That
certified Code Compliance Technician shall have completed training
as required by 19 NYCRR 426, § 426.8(k).
(2)
The Fire Inspector will conduct inspections at the intervals noted in Subsection B, as well as reinspections as deemed necessary by the Fire Inspector.
(3)
The
Fire Inspector will provide copies of all fire inspections to the
Office of the Code Enforcement.
(a)
When
necessary, the Office of the Code Enforcement will be responsible
for the issuance of any violation notices and/or appearance ticket
to enforce violations of the Fire Code of New York State.
A.
The Codes Enforcement Officer is authorized to order,
in writing, the correction of any condition found in, on or about
any building or other structure which the Codes Enforcement Officer
has reasonable grounds to believe is in violation of this chapter,
the Uniform Code or any building-related codes. Each such order shall
reference this section. Where such order requires remedial action,
a thirty-day period to complete such action shall be allowed unless
such shorter period is found by the Codes Enforcement Officer to be
necessary to avoid an imminent threat to public health or safety.
B.
Such order shall also be delivered in person to the
property owner or, if the owner be other than a natural person, to
an officer of the owner or to that person so authorized by the property
owner to make application for a building permit for the affected property.
Such order may also be delivered in person to any person or entity
to whom the order is lawfully directed. Alternately, such order may
be mailed to the foregoing persons or entities via certified mail
sent to an address for said person or entity set forth in any relevant
application for a building permit or certificate of occupancy or,
in the case of the property owner, to the address designated for the
receipt of real property tax notices for the subject property.
C.
No owner, person, corporation, association or other
organization or entity taking part in the construction, enlargement,
alteration, removal, demolition, use or occupancy of any building
or other structure or part thereof shall knowingly fail to comply
with a lawful written order of the Codes Enforcement Officer directed
to said person or entity within the time fixed for compliance set
forth in said order. Persons or entities violating this subsection
shall be subject to those penalties that pertain to knowing violations
set forth later in this chapter.
A.
Whenever the Codes Enforcement Officer has reasonable
grounds to believe that work on any building or other structure is
proceeding without a required valid building permit or is otherwise
in violation of the provisions of this chapter, the Uniform Code or
any building-related codes or is not in conformity with any of the
provisions of the application, plans or specifications on the basis
of which a permit was issued or is being conducted in an unsafe and
dangerous manner, he, shall issue a stop-work order directing all
persons or entities performing the work to immediately suspend all
work at the work site to which the order pertains.
B.
The stop-work order shall be prominently posted at
the work site.
C.
Such stop-work order shall also be delivered in person
to the property owner or, if the owner be other than a natural person,
to an officer of the owner, or to that person so authorized by the
property owner to make application for a building permit for the affected
property. Such order may also be delivered in person to any person
or entity to whom the order is lawfully directed. Alternately, such
order may be mailed to the foregoing persons or entities via certified
mail sent to an address for said person or entity set forth in any
relevant application for a building permit or certificate of occupancy
or, in the case of the property owner, to the address designated for
the receipt of real property tax notices for the subject property.
D.
Such stop-work order shall be in writing on a form
prescribed by the Codes Enforcement Officer and shall state the reasons
for the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Codes Enforcement Officer or
Deputy Codes Enforcement Officer.
E.
No owner, person, corporation, association or other
organization or entity taking part in the construction, enlargement,
alteration, repair, removal or demolition of any building or other
structure or part thereof shall knowingly fail to comply with a lawful
written stop-work order prominently posted at the work site to which
the order pertains until the stop-work order has been duly rescinded.
Persons or entities violating this subsection shall be subject to
those penalties as pertain to knowing violations set forth later in
this chapter.[1]
[1]
Editor's Note: See § 78-12A.
A.
Fees will be charged for the following in accordance
with a schedule established and amended, from time to time, by resolution
of the Board of Trustees:
(1)
Issuance of building permit;
(2)
Renewal of building permit;
(3)
Temporary certificate of occupancy;
(4)
Certificate of occupancy;
(5)
Requested inspections outside scheduled hours;
(6)
Requested inspections during scheduled hours;
(7)
Additional plan review required by changes, additions
or revisions to approved plans; or
(8)
Such other activities related to this chapter, the
Uniform Code or any building-related codes as determined by the Board
of Trustees.
B.
Regular inspection hours shall established by resolution
of the Board of Trustees from time to time.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.
[Amended 3-10-2008 by L.L. No. 2-2008]
Upon resolution of the Village Board, the Codes
Enforcement Officer of the Village of Fayetteville shall have authority,
pursuant to Article 150 of the New York Criminal Procedure Law, to
issue appearance tickets as defined therein for the purpose of enforcing
this chapter. When necessary, the Office of the Code Enforcement will
be responsible for the issuance of any violation notices and/or appearance
ticket to enforce violations of the New York State Uniform Fire Prevention
and Building Code, the Energy Code of New York State, and/or the Code
of the Village of Fayetteville.
A.
This chapter shall not relieve or reduce any other
requirements of the Code of the Village of Fayetteville.
B.
If any provision, sentence, clause, section or part
of this chapter is for any reason found to be unconstitutional, illegal
or invalid, such finding shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this chapter.
It is hereby declared to be the intent of the Village of Fayetteville
Board of Trustees that this chapter would have been adopted had such
unconstitutional, illegal or invalid provision, sentence, clause,
section or part not been included herein.
C.
This chapter shall take effect 10 days after filing
with the Secretary of State of the State of New York.
