[Adopted 4-13-1981 by L.L. No. 1-1981 (Ch. 4 of the 1978
Code)]
[Amended 8-8-2005 by L.L. No. 11-2005; 5-3-2021 by L.L. No. 1-2021]
A. The following are hereby authorized and deputized as agents of the
Town of Kinderhook to make inspections and reinspections of all electrical
installations heretofore and hereafter described and to approve or
disapprove the same:
(1) The Chief Inspector and each of the duly appointed inspectors of
the New York Board of Fire Underwriters.
(2) Allied Electrical Inspections Service, Inc., Lake George, New York.
(3) Commonwealth TH Electrical Inspections Service, Inc., Plattsburgh,
New York.
(4) Middle Department Inspection Agency, Inc., Watervliet, New York.
(5) New York Electrical Inspections, Arkville, New York.
(6) The Inspector, LLC, Chateaugay, New York.
(7) Tri-State Inspection Agency, Inc.
(8) Independent Electrical Contractors New York Chapter Inc., Williamsville,
New York.
(9) Z3 Consultants, Poughkeepsie, NY, 12601.
B. Additional individuals and/or entities may be authorized and deputized
as agents of the Town of Kinderhook to make inspections and reinspections
of all electrical installations heretofore and hereafter described
and to approve or disapprove upon the recommendation of the Town of
Kinderhook Code Enforcement Officer and the resolution of the Kinderhook
Town Board approving same.
C. In no event, however, will the cost or expense of such inspections
and reinspections be a charge against the Town of Kinderhook.
It shall be a violation of this article for any person, firm
or corporation to install or cause to be installed or to alter electrical
wiring for light, heat or power in or on properties of the Town of
Kinderhook until an application for inspection has been filed with
the New York Board of Fire Underwriters. It shall be a violation of
this article for a person, firm or corporation to connect or cause
to be connected electrical wiring in or on properties for light, heat
or power, to any source of electrical energy supply, prior to the
issuance of a temporary certificate or a certificate of compliance
by the New York Board of Fire Underwriters.
[Adopted 7-12-2010 by L.L. No. 1-2010]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Town of Kinderhook. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
sections of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
96-7 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
96-17 of this article.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to Subsection
D of §
96-6 of this article.
OPERATING PERMIT
A permit issued pursuant to §
96-12 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services
for a property within this county shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this article,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
96-17, Enforcement remedies; penalties for offenses, of this article;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Town
of Kinderhook Town Board. Such fee schedule may thereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Town of Kinderhook may, by resolution, authorize an agreement,
in the name of the Town, with other governments to carry out the terms
of this article, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.