[HISTORY: Adopted by the Town Board of the
Town of Fenton 12-13-2006 by L.L. No. 5-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 71.
Fill and development permits — See Ch. 78.
Flood damage prevention — See Ch. 81.
Manufactured homes — See Ch. 99.
Outdoor woodburning furnaces — See Ch. 105.
Fees — See Ch. A154.
[1]
Editor's Note: This local law superseded former
Ch. 67, Building Construction and Fire Prevention, adopted 3-1-1989
by L.L. No. 1-1989, as amended.
This chapter shall provide for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Town of Fenton. This chapter is
adopted pursuant to § 10 of Article 2 of the Municipal Home
Rule Law. Except as otherwise provided within this chapter, state
law, or within the Uniform Code, all premises regardless of use, are
subject to the provisions which follow.
The Town Board may, by resolution, authorize
the Supervisor to enter into a contract with other governments to
carry out the terms of this chapter.
A.
The office of Code Enforcement Official is hereby
created and shall be filled by an appointment of the Town Board. The
Code Enforcement Official shall possess background experience related
to building construction or fire prevention and shall, within the
time constraints prescribed by law, obtain such training as the State
of New York shall require for code enforcement personnel.
B.
In the absence of the Code Enforcement Official, or
in the case of his inability to act for any reason, the Town Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act on behalf of the Code Enforcement Official and to
exercise all the powers conferred upon him by this chapter.
C.
The Town Supervisor, with the approval of the Town
Board, may appoint one inspector or more, as the need may appear,
to act under the supervision and direction of the Code Enforcement
Official and to exercise any portion of the powers and duties of the
Code Enforcement Official as directed by him.
D.
The compensation for the Code Enforcement Official,
acting Code Enforcement Official and inspectors shall be fixed and
adjusted as needed by the Town Board.
E.
The Code Enforcement Official shall administer and
enforce all the provisions of the Uniform Code and the provisions
of this chapter, including receiving building permit applications,
reviewing plans and specifications, conducting inspections, issuing
permits for the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures, issuing certificates
of occupancy, collecting fees as set forth by the Town Board and maintaining
and filing all records necessary for the administration of the office
to the satisfaction of the Town Board. The Code Enforcement Official
is authorized to pursue administrative actions and, in consultation
with the Town Attorney, legal action as necessary to abate conditions
not in compliance with the New York State Uniform Fire Prevention
and Building Code, this chapter, or other laws, rules or regulations
of the Town of Fenton or of the State of New York.
A.
Permits required.
(1)
Except as hereinafter provided, no person, firm, corporation, association
or partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or
structure, or any portion thereof, install a roof-mounted, grid-tied
solar PV (photovoltaic) system, or install a solid-fuel-burning heating
appliance, chimney or flue in any dwelling unit, without first having
obtained a permit from the Code Enforcement Official.
[Amended 8-27-2014 by L.L. No. 6-2014]
(2)
No permit shall be required for:
(a)
Necessary repairs which do not materially affect
structural features;
(b)
Alterations to existing buildings, provided
that the alterations:
[1]
Cost less than $10,000;
[2]
Do not materially affect structural features;
[3]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
[4]
Do not involve the installation or extension
of electrical systems; and
[5]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(c)
Residential storage sheds and other small noncommercial
structures less than 140 square feet which are not intended for use
by one or more persons as quarters for living, sleeping, eating or
cooking; for example, a small storage building; and
(d)
Nonresidential farm buildings, including barns,
sheds, poultry houses and other buildings used directly and solely
for agricultural purposes.
(3)
In the case of minor electrical work such as the installation of
appliances or electric vehicle (EV) charging equipment, a permit is
required when such installations require an extension of the existing
electrical system, but no permit shall be required for the installation
of the appliance or EV charging equipment alone.
[Added 10-29-2014 by L.L. No. 10-2014]
B.
Application for a permit.
[Amended 8-27-2014 by L.L. No. 6-2014]
(1)
The application for a building permit, and its accompanying documents,
shall contain sufficient information to permit a determination that
the intended work accords with the requirements of the Uniform Code.
In the case of a roof-mounted, grid-tied solar PV system, the permit
application utilizes the New York State unified solar permit.
(2)
The form of the permit and application therefor shall be prescribed
by the Code Enforcement Official. The application shall be signed
by the owner (or his authorized agent) of the building and shall contain
at least the following:
(a)
Full name and address of the owner and, if by a corporation,
the name and addresses of the responsible officials;
(b)
Identification and/or description of the land on which the work
is to be done;
(c)
Description of use or occupancy of the land and existing or
proposed building;
(d)
Description of the proposed work;
(e)
Three sets of plans and specifications for the proposed work;
(f)
The required fee.
(3)
The Code Enforcement Official may waive the requirement of plans
and specifications when the work to be done involves minor alterations
or is otherwise unnecessary, such as in the case of an electrical
system extension to serve appliances or EV charging equipment.
[Amended 10-29-2014 by L.L. No. 10-2014]
(4)
An application to install a roof-mounted, grid-tied solar PV system
consisting of the Town's customized New York State unified solar
permit shall be completed by the installer prior to initiating any
work.
(5)
An applicant shall notify the Code Enforcement Official of any changes
in the information contained in the application during the period
for which the permit is in effect. A permit will be issued when the
application has been determined to be complete and when the proposed
work has been determined to conform to the requirements of the Uniform
Code. The authority conferred by such permit may be limited by conditions,
if any, contained therein. Amendments, if any, to the application
or to the plans and specifications accompanying the same shall be
filed with the Code Enforcement Official and approval shall be received
from the Code Enforcement Official prior to the commencement of such
change of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
(2)
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
(3)
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive one-year periods, provided that:
A fee schedule shall be established, and changed
as needed, by resolution of the Town Board. Such fees may be charged
for the issuance of permits, certificates of occupancy, temporary
certificates of occupancy, and for firesafety inspections.
A.
No building erected subject to the New York State
Uniform Fire Prevention and Building Code shall be used or occupied,
except to the extent authorized hereunder, until a certificate of
occupancy has been issued. No building similarly enlarged, extended,
or altered, or upon which work has been performed which requires the
issuance of a building permit, shall be occupied or used more than
30 days after the completion of the alteration or work unless a certificate
of occupancy has been issued. No change shall be made in the nature
of the occupancy of an existing building unless a certificate of occupancy
authorizing the change has been issued. The owner or his agent shall
make application for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if so specified. A temporary certificate of occupancy may, at the
discretion of the Code Enforcement Official and upon payment of an
additional fee as specified for a temporary certificate of occupancy,
be renewed. The Code Enforcement Official may place special conditions
on temporary certificates of occupancy as necessary to ensure safety
and to protect the interest of the Town.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing,
and heating and air conditioning. It shall be the responsibility of
the owner, applicant, or his agent to inform the inspector that the
work is ready for inspection and to schedule such inspection.
(2)
Work which requires special inspections during construction
shall be the responsibility of the owner, applicant, or his agent
to provide a list, at their expense. A statement of the special inspections,
including a complete list of materials and work requiring such inspections,
and a list of the individuals, and approved agencies shall be provided
to the Code Enforcement Official for the permit application file.
The reports of such special inspections shall be provided to the Code
Enforcement Official for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the Town Board, after being notified by the inspector
of the situation, may apply to any court of competent jurisdiction
for an order to make an inspection.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc. and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Firesafety inspections of buildings or structures
having areas of public assembly, defined as "all buildings or portions
of buildings used for gathering together 50 or more persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social, or similar purposes, the entire fire
area of which they are a part, and the means of egress therefrom,"
shall be performed at least once in every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
A.
Upon determination that a violation of the Uniform
Code or this chapter exists in, on, or about any building or premises,
the Code Enforcement Official shall order in writing the remedying
of the condition. Such order shall state the specific provision of
the Uniform Code which the particular condition violates and shall
grant such time as may be reasonably necessary for achieving compliance
before proceedings to compel compliance shall be instituted. Such
order shall be served personally or by notification by certified mail.
B.
In addition to those penalties prescribed by state
law, any person, firm or corporation who or which violates any provision
of the Uniform Code or any rule or regulation of this chapter, or
the terms or conditions of any certificate of occupancy issued by
the Code Enforcement Official, 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 the Town
Board on its own initiative or at the request of the Code Enforcement
Official.
C.
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official.
Whenever the Code Enforcement Official has reason
to believe that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinances,
rules or regulations, or not in conformity with the provisions of
an application, or in an unsafe and dangerous manner, he shall notify
the owner of the property, or the owner's agent, to suspend all work
and suspend all building activities until the stop-work order has
been rescinded. Such order and notice shall appear in writing, shall
state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed either by delivering it
personally to him, or by posting the same upon a conspicuous portion
of the building where the work is being performed and sending a copy
of the same to him by certified mail at the address set forth in the
application for the permission of the construction of such building.
A.
The Code Enforcement Official shall keep permanent
official records of all transactions and activities conducted by him,
including all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him with the consent of the Town Board,
and notices and orders issued. 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.
B.
The Code Enforcement Official shall annually submit
to the Town Board a written report and summary of all business conducted
by his office, including approvals, permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made, and appeals or litigation pending or concluded.
