This article shall provide the method for administration
and enforcement of the building construction provisions of the New
York State Uniform Fire Prevention and Building Code in the City of
Oswego and further establishes powers, duties and responsibilities
in connection therewith.
[Amended 10-23-1995; 6-22-1998]
The fire limits are shown, defined and bounded
on the Fire Limits Map accompanying this chapter. The Fire Limits
Map is hereby made a part of this chapter and shall be on file in
the Department of Code Enforcement and City Clerk's office.
The words and phrases used in this article shall
have the meanings given in Part 606 of the New York State Uniform
Fire Prevention and Building Code or as stated below:
ASSEMBLY SPACE
A room or space classified as a Group C-5 occupancy, regardless
of the number of persons.
BUILDING PERMIT
A permit to build a building, structure or an addition or
to renovate a building or structure or erect a fence, deck or pool.
CODE ENFORCEMENT BUILDING INSPECTOR
An employee of the Department whose responsibility is to
review construction plans, issue building permits, issue stop-work
orders, inspect all new construction and renovations in existing buildings,
serve as a member of the Electrical Licensing Board, perform duties
pursuant to the Unsafe Structures Ordinance and perform such other duties that are consistent with
the civil service description and which may be assigned to him/her
by the Director of Code Enforcement.
[Amended 6-22-1998]
CODE ENFORCEMENT HOUSING INSPECTOR
An employee of the Department responsible for the enforcement
of the New York State Uniform Fire Prevention and Building Code, the
City of Oswego codes, and to handle all rental permit inspections
and perform such duties as assigned by the Director of Code Enforcement.
[Amended 6-22-1998]
DEPARTMENT
The Department of Code Enforcement of the City of Oswego
and each officer or employee of such Department.
[Added 6-22-1998]
DIRECTOR OF CODE ENFORCEMENT
The chief officer charged with the enforcement of the New
York State Uniform Fire Prevention and Building Code and the City
of Oswego codes.
[Added 6-22-1998]
HOUSING STANDARDS
Subchapters C and F of the New York State Uniform Fire Prevention
and Building Code.
[Added 6-22-1998]
PREMISES
Any dwelling unit in the City of Oswego which is rental,
including multiple, one- or two-family, mixed residential-business
use dwelling, buildings used or occupied as a sorority or fraternity,
and individual rooms rented weekly or daily, in buildings containing
nine or fewer rooms.
[Added 6-22-1998; amended 8-10-1998]
RENTAL PERMIT
A permit to occupy or possess premises, expiring three years
after the date of issuance.
[Added 6-22-1998]
SPECIAL PERMIT
A permit for the storage, handling, transport or disposal
of a product or commodity.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
[Amended 10-28-1996 by L.L. No. 4-1996]
Any aggrieved person may, on a form prescribed
by the Secretary of State and accompanied by all the necessary documents
and fees as specified by the state, appeal to the Regional Board of
Review for a variance from the New York State Uniform Fire Prevention
and Building Code.
The permit may, upon written application, be
renewed for one year, provided that:
A. The permit has not been revoked or suspended at the
time the renewal is made.
B. The relevant information in the application is up-to-date.
C. The renewal fee of $10 is paid.
D. Permit applicants with outstanding violations or unpaid monies.
(1) No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2) Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
Construction work for which a building permit
has been issued shall be inspected for approval prior to enclosing
or covering any portion thereof and upon completion of each phase
at construction, including but not limited to foundation, framing,
superstructural, electrical, plumbing, insulation, heating, air conditioning,
solid wood-burning device and chimney and flue vents. It shall be
the responsibility of the owner, applicant or his agent to inform
the appropriate inspector, either in writing or by calling, that the
work is ready for inspection and to schedule such inspection.
[Amended 6-22-1998]
Electrical inspections performed pursuant to
the Uniform Fire Prevention and Building Code by other third party
inspectors not employed by the Department may be performed if said
person or agency had previously been approved by the Mayor and Common
Council.
[Amended 6-22-1998]
Whenever the Department of the City of Oswego
has reasonable grounds to believe that work on any building or structure
is proceeding without a building permit or is otherwise in violation
of provisions of any applicable laws, codes, ordinances, rules or
regulations or not in conformity with the provisions of an application,
plans or specifications on the basis of which a building permit was
issued or in an unsafe and dangerous manner, he shall notify the owner
of the property or the owner's agent or the person performing the
work to suspend all work, and any such person shall forthwith stop
such work and suspend all building activities until the stop-work
order has been rescinded. Such stop-work order and notice shall be
in writing, shall state the conditions under which the work may be
resumed and may be served upon a conspicuous portion of the building
under construction and a copy of the same shall be sent to the person,
firm or corporation by certified mail, return receipt requested. A
stop-work order can only be rescinded by the person issuing the order.