This chapter 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 this Town. 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 section of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
In this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
The Building Inspector appointed by the Town Board of the
Town of Mount Hope.
BUILDING PERMIT
A permit issued pursuant to §
108-3 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
108-8 of this chapter. The term "operating permit" includes an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
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.
TOWN
The Town of Mount Hope.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
Building permits shall be required for work which must conform
to the Uniform Code.
A. The following categories of work are be excluded from the requirement
for a building permit:
(1) Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2) Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above the ground;
(3) Construction of temporary motion-picture, television and theater
stage sets and scenery;
(4) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5) Installation of partitions or movable cases less than five feet nine
inches in height;
(6) Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7) Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8) Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications;
(9) Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of 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.
(10)
An exemption from the requirement to obtain a permit shall not
be deemed an authorization for work to be performed in violation of
the Uniform Code.
B. 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:
(1) A description of the proposed work;
(2) The Tax Map number and the street address;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5) At least two sets of construction documents (drawings and/or specifications)
that define the scope of the proposed work.
C. Construction documents shall not be accepted as part of an application
for a building permit unless such documents:
(1) Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(2) Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(3) Substantiate that the proposed work will comply with the Uniform
Code and the State Energy Conservation Construction Code;
(4) 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.
D. 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. Provisions
shall be made for construction documents accepted as part of a permit
application to be so marked in writing or by stamp. One set of accepted
construction documents shall be retained by the Town. 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 Official.
E. A 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. In addition, a permit shall
include the directive that the Building Inspector shall be notified
immediately in the event of changes occurring during construction.
F. When a building permit has been issued in error because of incorrect,
inaccurate or incomplete information, or the work for which the permit
was issued violates the Uniform Code, such permit 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 code.
G. Building permits shall be required to be visibly displayed at the
work site on a board or placard at the front of the premises in a
manner and location as directed by the Building Inspector and shall
remain visible until the project has been completed.
Notification regarding fire or explosion. The Chief of any Fire
Department providing firefighting services for a property within this
Town shall promptly notify the Building Inspector and Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent as soon as is reasonably
practicable.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the provisions set forth in Chapter
94, Buildings, Unsafe, of the Code of the Town of Mount Hope.
Firesafety and property maintenance inspections. Provisions
shall be made for:
A. Firesafety and property maintenance inspections of buildings which
contain an area of public assembly at annual intervals;
B. Firesafety and property maintenance inspections of all multiple dwellings
and all nonresidential occupancies every two years.
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. 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 §
108-14, Compliance orders; 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 report with the complaint.
A fee schedule shall be established by resolution of the Town
Board of this Town. 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, operating permits, firesafety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter. All such fees
shall be paid at the time of filing any application for any permit.
The Town Board of the Town of Mount Hope may, by resolution,
authorize the Town Board to enter into an agreement, in the name of
the Town, with other governments to carry out the terms of this chapter,
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.
[Added 6-6-2016 by L.L.
No. 8-2016]
A. Purpose. The purpose of this section will be to regulate and identify
truss-type construction within the Town of Mount Hope, Orange County,
New York, so that the Building Inspector, Code Enforcement Officer
and representatives of the Fire Departments servicing the Town of
Mount Hope, and other emergency responders will be aware of the truss-type
structures within the Town.
B. Scope. The provisions of this section shall apply to the owner/occupant
of any building or structure of truss-type construction as determined
by the Building Inspector or his/her assistants.
C. Definitions. For the purpose of this section, the terms used herein
are defined as follows:
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
OWNER
Any person or individual or any firm, partnership, association,
limited partnership, sole proprietorship, corporation or any other
business entity or any government agency or entity.
TRUSS-TYPE CONSTRUCTION
A braced arrangement of steel or wood frame structures, that
have a top and bottom chord with a series of interconnected web members,
that are most often in a series of triangular shapes. This framework
is able to span greater distances than would be possible with any
of the individual members on their own.
D. General provisions.
(1) This section shall be enforced by the Building Inspector or his/her
assistants.
(2) When truss-type construction, pre-engineered wood construction, and/or
timber construction is to be utilized in the construction of a building
or in addition to or rehabilitation of an existing building, the owner
of such structure, or the owner's duly authorized representative
shall notify the Building Inspector of that fact. Such notice shall
be provided in writing as part of the application for a Building Permit.
(3) The owner will be required to permanently affix a Mount-Hope-approved
reflective truss-construction identification logo on the building.
The identification logos shall be installed between four feet and
six feet high, in a readily visible area determined by the Building
Inspector.
(4) The truss logo must be maintained as such, so as not to be obstructed
from view in any manner. Truss logos are to be in place prior to certificate
of occupancy approval. The initial identification logos will be supplied
by the Building Inspector.
(5) The owner shall be required to maintain the approved identification
logo at the designated locations on the building. Missing or damaged
identification logos shall be reported to the Building Inspector immediately.
Replacement costs shall be the responsibility of the owner/occupant.
Replacements must be made within 10 days of written notice from the
Building Inspector. Approved logos are available from the Building
Department.
(6) It shall be the responsibility of the Building Inspector or his/her
assistants to maintain a record of buildings that have affixed logos
and their location on the building. Upon certificate of occupancy
certification, it shall be the responsibility of the Building Inspector
to forward a report of the new building bearing the logo to the Fire
Departments servicing the Town of Mount Hope.
E. Fees. Fees shall be as follows:
(1) Initial identification and marking fee: No fee to the owner/occupant.
(2) Replacement logos: $25. The Town Board has the discretion to waive
this fee for nonprofit and charitable organizations.
F. Penalties for offenses. Penalties shall be assessed in accordance
with the Town Code of the Town of Mount Hope.
G. Supersession of statute. Please take notice to the extent that this
section may conflict with applicable portions of the Town Law of the
State of New York, it is the stated intention of the Town to exercise
its authority to supersede and amend, as granted under the Municipal
Home Rule Law of the State of New York, § 10. The Town hereby
provides notice that it is exercising its authority to supersede and
amend pursuant to Municipal Home Rule Law of the State of New York
§ 22.