[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 3-12-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
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:
The Building Inspector appointed by the Town Board of the
Town of Mount Hope.
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.
A certificate issued pursuant to § 108-5 of this chapter.
The Code Enforcement Officer appointed by the Town Board
of the Town of Mount Hope.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
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.
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 § 108-10 of this chapter.
The Town of Mount Hope.
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.
A.
Permitted work shall be required to remain accessible and exposed
until inspected and accepted by the Building Inspector. Permit holders
shall be required to notify the Building Inspector when construction
work is ready for inspection.
B.
Provisions shall be made for inspection of the following elements
of the construction process, where applicable:
(1)
Work site prior to the issuance of a permit;
(2)
Footing, foundation, waterproofing of foundation and footing drains;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Plumbing 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.
A.
A certificate of occupancy 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 issuance
of a certificate of occupancy.
B.
Issuance of a certificate of occupancy shall be preceded by an inspection
of the building, structure or work. Where applicable, a written statement
of structural observations and/or a final report of special inspections,
prepared in accordance with the provisions of the Uniform Code, must
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 must be received prior to the issuance
of the certificate. A certificate of occupancy 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 an 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.
C.
A certificate of occupancy issued in error or on the basis of incorrect
information shall be suspended or revoked if the relevant deficiencies
are not corrected within a specified period of time.
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.
A.
Operating permits shall be required 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 Tables 2703.1.1(1), 2703.1.1(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 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 government
or agency charged with or accountable for administration and enforcement
of the Uniform Code.
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 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.
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.
E.
Operating permits may remain in effect until reissued, renewed or
revoked or may be issued for a specified period of time consistent
with local conditions.
F.
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
Firesafety and property maintenance inspections. Provisions
shall be made for:
A.
Authority to issue. The Building Inspector and/or Code Enforcement
Officer are authorized to issue stop-work orders pursuant to this
section. The Building Inspector and/or Code Enforcement Officer shall
issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector and/or 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 Building Inspector and/or 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.
B.
Content of stop-work orders. Stop-work orders shall:
C.
Service of stop-work orders. The Building Inspector and/or 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, return receipt requested. The Building Inspector and/or 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 other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail,
return receipt requested; 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 the 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 a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 108-14, Compliance orders; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such 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.
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.
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, 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 appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Building Inspector and Code Enforcement Officer shall each annually submit to Town Board of this Town 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 § 108-12, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded. In the alternative, reports may be made on a monthly basis.
B.
The Building Inspector and Code Enforcement Officer shall each annually
submit to the Secretary of State, on behalf of this Town, on a form
prescribed by the Secretary of State, a report of the activities of
this Town relative to administration and enforcement of the Uniform
Code.
C.
Both the Building Inspector and 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 information and accounts of the activities of
this Town in connection with administration and enforcement of the
Uniform Code.
A.
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. Upon finding that any 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 specified
condition or activity;
(e)
Specify the period of time 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; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the 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, return receipt requested. 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 or assisting in work
being performed at the affected property personally or by certified
mail, return receipt requested; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance
tickets for any violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy, stop-work order, operating permit
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter shall be liable to a civil penalty
of not more than $250 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.
D.
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 of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
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, an 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.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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, in § 108-10, 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 § 108-10, 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 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.
BUILDING
OWNER
TRUSS-TYPE CONSTRUCTION
Definitions. For the purpose of this section, the terms used herein
are defined as follows:
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
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.
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.
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.
