[HISTORY: Adopted by the Town Board of the
Town of East Fishkill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-23-2013 by L.L. No. 4-2013[1]]
[1]
Editor's Note: This local law also repealed former Ch. 80,
Building Construction and Fire Prevention, comprised of Art. I, Adoption
of Standards, adopted 1-26-1984 by L.L. No. 2-1984, and Art. II, Administration
and Enforcement, adopted 8-8-1974 as Ch. 31 of the 1974 Code, as amended.
A.
In 2007, the Town Board established the position of Town Engineer
of the Town of East Fishkill. During the course of the tenure of the
Town Engineer, the Town Board has continually reviewed various management
issues in the Town, in the desire and hope that they would be able
to codify the job duties and authority of the Town Engineer for the
benefit of the Town.
B.
Under the terms of the New York State law, the Town Board has the
right to establish departments and to appoint department heads to
perform various functions and address the public needs of the Town.
C.
This chapter also 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). This chapter 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 chapter,
all buildings, structures, and premises, regardless of use or occupancy
are subject to the provisions of this chapter.
D.
It is with these goals in mind that the Town Board hereby enacts
this chapter.
There is hereby established in the Town of East Fishkill, pursuant
to § 65 of the New York State Town Law, the Department of
Engineering and Code Administration (DECA).
The head of the Department of Engineering shall be the duly
appointed Town Engineer of the Town of East Fishkill, as appointed
by the Town Board, in accordance with the civil service laws of the
State of New York.
The Town reserves the right to appoint such deputies and administrative
assistants to the Town Engineer, as from time to time the Town Boards
deems appropriate and necessary.
The Town Engineer shall be responsible for the supervision and
operation of the following matters within the Town of East Fishkill:
A.
Code enforcement. The Code Enforcement Officer shall report to the
Town Engineer, and the Town Engineer shall be responsible for the
supervision of the Town Code Enforcement Department, including its
Zoning Administrator and Fire inspector, and all matters dealing with
said Department shall be the responsibility of the Town Engineer.
B.
Municipal separate stormwater sewer systems. All issues pertaining
to the implementation and supervision of MS4 and any employee appointed
by the Town Board or consultant retained by the Town Board, to insure
compliance with the New York State regulations pertaining to this
area, shall be the responsibility of this Department. Any employee
appointed by the Town Board to assist with the operations of this
area shall report to the Town Engineer.
C.
Engineering, planning, architectural and other technical consultants:
All professional consultants and employees of the Town, including
engineering, architectural and planning, shall be supervised and administered
by this Department. The Town Engineer shall be authorized, within
the limitation of the amounts set forth in the Town budget, to retain
technical experts, as necessary, to fulfill the duties and operations
of the Town.
D.
Technical advice. The Department of Engineering shall provide technical
advice to all departments in the Town and to all other department
heads as needed and directed by the Town Supervisor.
E.
Planning and Zoning Boards. Employees of the Department will perform
the duties of clerks to the Planning and Zoning Board.
F.
Highways: provide technical assistance to the Highway Superintendent
in all aspects of his duties.
G.
Water and sewer districts: oversee the operations of all water and
sewer districts owned by the Town and develop long-range plans for
their continued operation.
H.
Performance securities: will supervise and administer all performance
securities posted with the Town Clerk and make recommendations to
the Town Board as to action needed with respect to said boards.
In this chapter:
A permit issued pursuant to § 80-8 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issue pursuant to § 80-11B of this chapter.
Generically, the Town Engineer, Building inspector, Fire
inspector and Zoning Administrator.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 80-20B of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector as appointed pursuant to § 80-7D of this chapter.
Under the EPA's Phase II Stormwater Rule, MS4s are required
to develop a stormwater management program that will reduce the amount
of pollutants carried by stormwater during storm events to water bodies
to the "maximum extent practical." The goal of the program is to improve
water quality and recreational use of waterways.
A permit issued pursuant to § 80-14 of this chapter. The term "operating permit" 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.
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.
An order issued pursuant to § 80-10 of this chapter.
A certificate issued pursuant to § 80-11D of this chapter.
The Town of East Fishkill.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
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 any of the above 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 and 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 forth by the Town Board of the Town of East
Fishkill.
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town's Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter and to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
Code Enforcement Officers shall be appointed by the Town Board. The
Code Enforcement Officers 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,
advance in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officers shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and other 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 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 power 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
certificates from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of the Town of
East Fishkill.
A.
Building permit required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one single-story detached structure
associated with one- and 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) and that there is only
one such structure on a lot.
(2)
Installation of swings or other playground equipment associated with
one- or two-family dwellings or multiple single-family dwellings (townhouses)
which meets all zoning setbacks.
(3)
Installation of swimming pools associated with one- or two-family
dwellings or single-family dwellings (townhouses) where such pools
are designed for a water depth of less than 24 inches and are installed
entirely aboveground.
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II, or III A liquids. Walls which exceed four
feet in height require a permit.
(6)
Construction of temporary motion-picture, television and theatre
stage sets and scenery.
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses).
(8)
Installation of partitions or moveable cases less than five feet
nine inches in height.
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work.
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances.
(11)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
(12)
Repairs, provided that such repairs do not involve:
(a)
Removal or cutting away of a load-bearing wall, partition or
portion thereof, or 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.
(e)
Electrical or plumbing changes.
(f)
Windows.
(g)
Roofing.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for building permits
shall be made, in writing, on a form provided or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code, Zoning Law and the Energy Code. The application
shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work.
(2)
The Tax Map number and the street address of the premises where the
work is to be performed.
(3)
Zoning district.
(4)
Description of intended use and if alterations changes.
(5)
The occupancy classification of any affected building or structure.
(6)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code.
(7)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work.
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law.
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed.
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code.
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and 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 buildings and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(7) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and the Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for a building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which expired pursuant
to this subsection may be renewed upon application of the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer, provided no changes have occurred in
any local laws or rules.
J.
Revocation or suspension of the building permit. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected made, where applicable:
(1)
Work site prior to the issuance of a building 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.
(10)
A final inspection after all work authorized by the building permit
has been completed.
C.
Inspection results. 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 or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected and found satisfactory
as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents or any person taking part or assisting in work affected
by the stop-work order, personally or by certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon issuance of a stop-work order, the
owner of the affected property, the permit holder and any other person
performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue stop-work orders shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or to impose any other penalty under § 80-20, Enforcement; penalties for offenses of this chapter or under any other applicable local law or state law. Any other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance are required.
A certificate of occupancy or a certificate of compliance shall be
required for any work which is the subject of a building permit and
for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure or portion thereof,
for which a building permit was previously issued, shall be granted
only by the issuance of a certificate of occupancy or a certificate
of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/certificate
of compliance if the work which was the subject of a building permit
is completed in accordance with all applicable provisions of the Uniform
Code and the Energy Code and, if applicable, that the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all the applicable provisions
of the Uniform Code and the Energy Code. The Code Enforcement Officer
or an inspector authorized by the Code Enforcement Officer shall inspect
the building, structure or work prior to the issuance of a certificate
of occupancy or certificate of compliance. In addition, where applicable,
the following documents, prepared in accordance with the provision
of the Uniform Code by such person or persons as may be designated
by or otherwise acceptable to the Code Enforcement Officer, at the
expense of the applicant, for the certificate of occupancy/certificate
of compliance shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy/certificate of compliance.
C.
Contents of certificates of occupancy/certificates of compliance.
A certificate of occupancy/certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of the issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance 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;
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance. The
use complies with the requirements of the Zoning Law; and
(11)
Listing of bedrooms, bathrooms, decks, fireplaces, etc., included
therein.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines that the building or
structure, or a portion thereof, covered by the temporary certificate
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have
been provided. The Code Enforcement Officer may include in the temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety and to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy/certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, then the Code Enforcement Officer shall revoke
or suspend such certificate.
The chief of any fire department providing fire-fighting services
for a property within the Town of East Fishkill shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Town of East Fishkill
shall be identified and addressed in accordance with the provisions
of the Unsafe Buildings Law[1] of the Town Code.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
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),
2703.1.1(4) in the publication entitled "Fire Code of New York State"
and incorporated by reference in 19 NYCRR 1255.1.
(b)
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.
(c)
Use of pyrotechnic devices in assembly occupancies.
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more.
(e)
Buildings whose occupancy classifications may post substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of East Fishkill.
(f)
Repair garages.
(g)
Propane storage and refilling stations.
B.
Applications for operating permits. An application for operating
permits shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Office determines that tests or reports are necessary
to verify conformance, such tests or reports shall be performed or
provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of an
operating permit issued for an area of public assembly, and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period for each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity for which an operating permit
was issued does not comply with any applicable provision of the Uniform
Codes, such operating permit shall be revoked or suspended.
G.
Create administrative permit.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 or an inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exists; or
(3)
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 Uniform Code or Energy Code 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.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the power, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
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 chapter
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code, as well as any
other local law or ordinance designating the Code Enforcement Officer
as the enforcing agent. 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 each inspection;
B.
If a violation is found to exist, providing the owner of the affected property and other person who may be responsible for the violation with notice of the violation and the opportunity to abate, correct or cure the violation or otherwise proceeding in a manner described in § 80-20, Enforcement; penalties for offenses, of this chapter;
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 a report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied.
(2)
All plans, specifications, and construction documents approved.
(3)
All building permits, certificates of occupancy/certificates of compliance,
temporary certificates, stop-work orders and operating permits issued.
(4)
All inspections and tests performed.
(5)
All statements and reports issued.
(6)
All complaints received.
(7)
All investigations conducted.
(9)
All fees charged and collected.
B.
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 appurtences thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of the Town of East Fishkill a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 80-17, Recordkeeping, of this chapter and a report and summary of all appeals or litigations pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State on behalf of the Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to the
administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
such information and accounts of the activities of this Town in connection
with the administration and enforcement of the Uniform Code.
A Department employee will be designated as the Clerk of the
Planning and Zoning Boards. The Clerk will perform all the duties
conferred by state law. The Clerk will review applications for completeness
and, when appropriate, provide copies to the appropriate professional
staff. The Clerk will be responsible for scheduling, notification
correspondence, etc. as required by the Boards.
[Added 12-12-2013 by L.L. No. 9-2013]
A.
Legislative intent. The New York State Uniform Fire Prevention and
Building Code requires the Town to maintain a listing of the uses
contained within commercial buildings. The State Code also requires
inspections of commercial property by the Fire Inspector at various
intervals. With this in mind, these amendments are made to simplify
the process and keep the Town in compliance with state law.
B.
Occupancy permit required. Any building classified as commercial under the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") shall be required to have an occupancy permit for each business or use within the building. The application for an operating permit will contain the same information as required for operating permits in § 80-14B.
C.
Coordinated permits. An occupancy permit must be separately applied
for when no other permit is required for the continuing use of a property.
When a building permit is required (for "fit up" of building) the
application will be deemed to be a joint application for both a certificate
of occupancy and an occupancy permit. Upon completion of the work
and successful inspection, a certificate of occupancy and occupancy
permit will be issued. No separate fee will be charged for an occupancy
permit issued as part of a joint application.
E.
Fee. The fee for an occupancy permit, when it is not issued in conjunction
with another permit, will be $75. Said amount may be changed by resolution
of the Town Board. There shall be no additional fee when it is issued
in conjunction with another permit.
F.
Effective date. This section will be effective on January 1, 2014.
Any property existing at the time of the effective date shall be brought
into compliance within one year from the effective date.
A.
General. The provisions of this section shall apply to all local
laws and ordinances of the Town that provide for enforcement by criminal
proceedings and penalties. The provisions herein shall be in addition
to any penalty procedures enumerated in any other local law or ordinance.
B.
Compliance orders.
(1)
The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, The Energy Code or this chapter or any other law defined in Subsection A. Upon finding that such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
(a)
Be in writing.
(b)
Be dated and signed by the Code Enforcement Officer.
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code or this chapter.
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code or this chapter which is/are violated by the specific
condition or activity.
(e)
Specify the period of time in which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance.
(f)
Direct that compliance be achieved within the specified period
of time.
(g)
State that any action or proceeding to compel compliance may
be instituted if compliance is not achieved within a specified period
of time.
(2)
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property,
personally or by certified mail. The Code Enforcement Officer shall
be permitted, but not required, to cause the compliance order, or
a copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents or any
other person taking part in or assisting with work being performed
at the affected property personally or by certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
C.
Appearance tickets. The Code Enforcement Officer, police officers,
and each inspector are authorized to issue appearance tickets for
any violation under this chapter pursuant to the Criminal Procedure
Law.
[Amended 2-10-2022 by L.L. No. 2-2022]
D.
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificates of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, or any law in Subsection A, 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 this Town.
E.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town in a court of competent jurisdiction to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision to the Uniform Code, the Energy Code, this chapter or
any term or condition of any building permit, certificate of occupancy,
certificates of compliance, temporary certificate, stop-work order,
operating permit, compliance order or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code, or this chapter, any action or proceeding may
be commenced in the name of this Town in the Supreme Court, or in
any other court having the requisite jurisdiction, to obtain an order
directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Supervisor of the Town of East Fishkill.
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, or in § 80-10, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 80-10, Stop-work orders, of this chapter, in any other section of this chapter or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Town
Board of the Town of East Fishkill. Such a 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 buildings 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 chapter.
The Town Board of the Town of East Fishkill may, by resolution,
authorize the Supervisor to enter into an agreement in the name of
the Town of East Fishkill with other governments to carry out the
terms of this chapter, provided such agreement does not violate the
provisions of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
