A.
Code Enforcement officer.
(1)
The Office of Code Enforcement Officer is hereby created. The Office
of Code Enforcement Officer shall be the Department of Planning, Building,
and Development. The Code Enforcement Officer shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter. The Director of Planning and Development or the Director
of Code Enforcement if so designated by the Director of Planning and
Development shall be the Code Enforcement Officer for the City of
Townsville.
(2)
Notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement or other participation of the "Building Department" shall be invested in and associated with the Department of Planning, Building, and Development, wherein the Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall serve as the Code Enforcement Officer as specified in Chapter 146 of the City Code.
B.
Director of Planning and Development. The Director of Planning and
Development or the Director of Code Enforcement if so designated by
the Director of Planning and Development 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, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Director of Planning and Development or the Director of Code
Enforcement if so designated by the Director of Planning and Development
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder. In
the event that the Director of Code Enforcement is unable to serve
as such for any reason, an individual shall be appointed by the Mayor
to serve as Acting Director of Code Enforcement. The Acting Director
of Code Enforcement shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Director
of Code Enforcement by this chapter.
C.
Code enforcement personnel. The Director of Planning and Development
may appoint, with the approval of the Common Council, one or more
Deputy Directors of Code Enforcement, Senior Plan Examiners, Plan
Review Officers, Code Inspectors, Building Inspectors, Housing Inspectors
and other code enforcement personnel as necessary to work under his/her
supervision and to assist the Director of Planning and Development
in the exercise of the powers and fulfillment of the duties conferred
upon the Director of Planning and Development by this chapter. Each
code enforcement personnel 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 code enforcement personnel
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
D.
Plumbing Inspector. The Plumbing Inspector, under the supervision
of the Superintendent of Public Works, shall inspect all plumbing
work within the jurisdiction of this chapter and determine its compliance
with the plumbing standards in effect in this City.
E.
Electrical Inspector. The Electrical Inspector, under the supervision
of the Director of Planning and Development, shall inspect all electrical
installations within the jurisdiction of this chapter and determine
their compliance with all applicable electrical codes and standards
in effect in the City of Townsville.
F.
Enforcement.
(1)
The Director of Planning and Development or his/her designee shall
be responsible for the enforcement of the New York State Uniform Fire
Prevention and Building Code, hereafter referred to as the "Uniform
Code." The New York State Energy Conservation Construction Code, the
City of Townsville Zoning Ordinance,[2] and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Townsville Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter 181).
(2)
The Director of Planning and Development or his/her designee shall
receive and examine all plans and specifications for proposed new
work, repairs, alterations, changes of use or removals and shall record
and file the same for safekeeping.
(3)
The Director of Planning and Development or his/her designee shall
receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of completion, temporary
certificates of occupancy and the plans, specifications and construction
documents submitted with such applications.
(4)
The Director of Planning and Development or his/her designee, upon
approval of such applications, shall issue building permits, certificates
of occupancy, certificates of completion and temporary certificates
of occupancy, and include in building permits, certificates of occupancy,
certificates of completion and temporary certificates of occupancy
such terms and conditions as the Code Enforcement Officer may determine
to be appropriate.
(5)
The Director of Planning and Development or his/her designee shall
have the authority to conduct construction inspections, inspections
to be made prior to the issuance of certificates of occupancy, certificates
of completion and temporary certificates of occupancy, 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.
(6)
The Director of Planning and Development or his/her designee shall
have the authority to issue stop-work orders.
(7)
The Director of Planning and Development or his/her designee shall
have the authority to review and investigate complaints.
(8)
The Director of Planning and Development or his/her designee shall
have the authority to issue compliance orders.
(9)
The Director of Planning and Development or his/her designee shall
have the authority to collect all applicable fees as set by this chapter.
(10)
The Director of Planning and Development or his/her designee
shall have the authority to pursue administrative enforcement actions
and proceedings.
(11)
The Director of Planning and Development or his/her designee
shall have the authority to pursue such legal actions and proceedings
as may be necessary to enforce the Uniform Code, the Energy Code and
this chapter, or to abate or correct conditions not in compliance
with the Uniform Code, the Energy Code or this chapter.
(12)
The Director of Planning and Development or his/her designee
shall have the authority to exercise all other powers and fulfill
all other duties conferred upon the Code Enforcement Officer by this
chapter.
G.
Records.
(1)
The Director of Planning and Development or his/her designee shall
maintain records of all building operations and particulars thereof
in his/her jurisdiction.
(2)
All such records, together with all drawings, specifications, statements,
etc., so filed, shall be considered public records and shall be open
for inspection at reasonable times, but the copying of any drawing,
specification or part thereof without the consent of the architect,
engineer or owner of the structure is hereby forbidden.
H.
Right to enter buildings. The Director of Planning and Development
or the authorized representatives of the Director of Planning and
Development shall have the right of entry, at all reasonable hours,
to any building or site where work is contemplated or being done under
the provisions of this chapter, or to any building alleged to be unsafe
to life or health, upon the exhibition of proper evidence of authority;
and interference with such authorized entry in an official capacity
shall be punishable as a violation of this chapter.
I.
Inspection of buildings. The Director of Planning and Development
or his/her designee shall examine all buildings upon which or within
which work is being done under the provisions of this chapter as often
as practicable during the progress of the work; and particularly,
the Director of Planning and Development shall visit as often as may
be necessary all construction, alteration or removal jobs where a
special hazard to public safety may be involved and shall promptly
follow up all complaints, inquiries and discrepancies occurring in
connection with the building operation under his/her jurisdiction.
J.
Issuance of appearance tickets. The Director of Planning and Development
or his/her designee is authorized to issue appearance tickets in accordance
with Article 150 of the New York State Criminal Procedure Law.
K.
Compliance orders.
(1)
The Director of Planning and Development or his/her designee 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 Director of Planning
and Development or his/her designee shall issue a compliance order.
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Director of Planning and Development
or his/her designee;
(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 Director of Planning and
Development or his/her designee 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 Director of Planning and Development or his/her designee shall
cause the compliance order, or a copy thereof, to be served on the
owner of the affected property personally or by registered mail. The
Director of Planning and Development or his/her designee 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 registered mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
A.
Building permits 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, hazardous materials abatement, 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, as well as any conversion (as defined by Chapter 325, Zoning, of this Code, or by the Uniform Code). A building permit is required for any exterior work on a building or structure designated as a landmark structure or on a building or structure located within an historic district (see Chapter 228). No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department.
B.
Exemptions. No building permit shall be required for work in any of the following categories except where such work is located within a designated historic district or in a designated landmark structure or site (see Chapter 228):
(1)
Construction or installation of one-story detached structures associated with one- or 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 (13.38 square meters), no plumbing, electrical or heating equipment service or system is provided, and that the structure complies with the area and setback requirements of Chapter 325;
(2)
Installation of swings and other playground equipment;
(3)
Installation of swimming pools associated with one-
or two-family dwellings or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth 24 inches or less
and have a water surface area of 100 square feet or less, and are
installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls less than four feet
in height from grade to the top of the wall for the entire length
of the wall unless such walls support a surcharge of soil or impound
Class I, II or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery remaining in place for fewer than
180 days;
(7)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses), provided such awnings do not encroach on any right-of-way or project beyond property lines, and are in compliance with the setback requirements of Chapter 325;
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, floor covering and
other similar finish work;
(10)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances
where such installation requires no extension of permanently installed
building electrical, plumbing or HVAC systems; or
(11)
Repairs that use like material, provided that
the 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 stairs
or means of egress, or the rearrangement of parts of a structure in
a manner which affects egress;
(c)
Alteration of fire protections systems, or the
removal from service of all or part of a fire protection system for
any period of time;
(d)
The alteration or removal of required fire separations;
(e)
The installation, enlargement, alteration, relocation,
or extension of electrical or plumbing systems;
(f)
The alteration, relocation or installation of
solid-fuel-burning heating appliances and associated chimneys or flues;
or
(g)
The removal or abatement of asbestos or other
hazardous material except for paint.
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, the Energy Code, the City of Townsville Zoning Ordinance or other applicable codes and ordinances.
D.
Applications for building permits. Applications shall
be made in writing on a form provided by the Building Department.
The application shall be signed by the owner of the property where
the work is to be performed or an authorized agent of the owner. The
application shall include such information sufficient to permit a
determination by code enforcement personnel that the intended work
complies with all applicable requirements of the Uniform Code, the
Energy Code, the City of Townsville Zoning Ordinance and other applicable
codes and ordinances. 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 street address of the premises
where the work is to be performed;
(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)
Where applicable, an Elevation Certificate;
(6)
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 whose signature and seal
of registration in New York State shall be legibly imprinted on the
plans, where so required by the State Education Law or where in his/her
discretion the Code Enforcement Officer, because of structural, public
safety, or other concerns, requires such signed and sealed plans to
be submitted, even though the cost or scope of the work may be below
the minimum requirement of the State Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the proposed work;
(d)
Substantiate that the proposed work will comply
with applicable codes and ordinances; and
(e)
Where construction of new buildings or accessory
structures, or alterations that change the footprint of existing buildings
or accessory structures is proposed, or where otherwise applicable,
include a site plan that shows any existing and proposed buildings
and structures on the site, the location of the intended work, and
the distances between buildings and structures and lot lines. In his/her
discretion the Code Enforcement Officer may require a site survey
prepared by a licensed land surveyor providing the above information.
(7)
Properly certified documentation of all required insurances,
including but not limited to liability insurance and workers' compensation
insurance.
E.
Construction documents. Plans shall be drawn to scale,
for principal working drawings not less than 1/8 inch to one foot,
except that extensive plot plans may be drawn at a smaller scale in
the discretion of the Director of Planning and Development. Details
at larger scales or parts on which particular information is required
shall be furnished to the Code Enforcement Officer as required. Specifications
shall be true and legible copies, suitably arranged and paragraphed
so as to be conveniently read and so prepared as to leave no uncertainty
as to materials and quality of construction required. Plans for sheds
and other construction of minor importance will be acceptable if rough-sketched
but with accurate dimensions. It shall be unlawful to make any change
in either drawings or specifications after a permit has been granted,
except as such change involves no appreciable difference in the terms
of the application or permit. 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
Building Department, 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 the building permit will be issued. Work shall not
commence until and unless a building permit has been issued.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
F.
Imperfect plans; rejections.
(1)
If the information in the application, plans or specifications
is indefinite or incomplete, the Code Enforcement Officer shall decline
to issue the permit until such defect or deficiency shall have been
corrected. Undimensioned plans shall be deemed incomplete.
(2)
An applicant for a permit which has been rejected
under this section may, upon request, receive from the Code Enforcement
Officer a written statement of the exact reasons for such rejection.
G.
Disposal of plans. Plans and specifications for all
buildings of a public nature or for other buildings three or more
stories in height or intended to be occupied by a hazardous industry
or business shall become the property of the office of the Director
of Planning and Development. Plans and specifications other than those
described above shall be kept on file for a period of two years from
the date of completion of construction and may be returned to the
owner upon request if so requested within 30 days, after which time
they may be destroyed.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
H.
Issuance of building permits.
(1)
An application for a building permit shall be examined
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Building Code, the Energy Code, the City of Townsville
Zoning Ordinance[3] and other applicable codes and ordinances. The Code Enforcement
Officer shall issue a building permit only if the proposed work is
in compliance with the applicable requirements of the applicable codes
and ordinances.
[3]
Editor's Note: See Ch., 325, Zoning.
(2)
An application for a building permit for work involving material changes in the use or appearance of a designated landmark, or a structure, memorial or site within an historic district shall not be issued until a certificate of appropriateness has been issued by the Landmarks Preservation Commission. (See Chapter 228.)
I.
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.
J.
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 the building permit. The permit holder shall immediately notify
the Code Enforcement Officer of any change occurring during the course
of the work. 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 is issued.
K.
Permit fees.
(1)
Fee amount.
(a)
Permit fees shall be paid by check or money
order before permit review can commence according to the following
schedule:
|
Permit Type
|
Fee
| ||
|---|---|---|---|
|
Building or demolition permit, where the total
valuation of the work is:
| |||
|
$5,000 or less
|
$45
| ||
|
Above $5,001
|
$10 for each $1,000 or fraction thereof
| ||
(b)
Provided, however, that:
[2]
The above fee shall be doubled where work has
been started before the contractor/owner has obtained a building permit.
All work shall be stopped until such time as the contractor/owner
has obtained the necessary building permit.
[3]
Other inspections and fees related to building
construction:
|
Permit Type
|
Fee
| |||
|---|---|---|---|---|
|
Requested inspections outside normal business
hours (minimum per hour charge, 2 hours in addition to the permit
fee)
|
$70
| |||
|
Plan review for projects exceeding $5,000 (where
no permit is requested)
|
50% of permit fee schedule (amount to be applied
to permit fee)
| |||
|
Additional plan review required by changes,
additions or revisions to approved plans
|
$45 per hour
| |||
|
Building permit renewal; can only be renewed
once
|
$45 or 10% of the original permit, whichever
is larger
| |||
|
Certificates of occupancy
|
$45 per hour for each hour of inspection, review
or analysis
| |||
|
Temporary certificates of occupancy
| ||||
|
First six months
| ||||
|
For building projects less than $48,000
|
$110
| |||
|
For building projects $48,000 or more
|
35% of the ultimate building permit fee or $10
per $1,000 of actual construction cost or $2,500, whichever is less
| |||
|
After six months; one renewal for a period not
to exceed the expiration date of the extension of the original permit
| ||||
|
For building projects less than $48,000
|
$110
| |||
|
For building projects $48,000 or more
|
35% of the ultimate building permit fee or $10
per $1,000 of actual construction cost
| |||
|
Plan review and consultation for proposed projects
and/or projects in which a building permit is not ready to be applied
for
|
$45 per hour
| |||
(2)
Statement of costs. Each application for a permit
under this chapter shall be accompanied by an estimate of cost, for
the purpose of record. Such estimate shall be furnished by the owner
or contractor and, so far as possible, shall be based upon bona fide
contracts made for the work. Otherwise, the Code Enforcement Officer
shall make an estimate of the probable cost of the work. In either
case, this preliminary estimate shall be corrected for the permanent
record by reference to final cost figures before a certificate of
occupancy or certificate of completion is issued.
(3)
Costs shall be assumed to include both labor and materials.
In cases where cost information is not readily available to the Code
Enforcement Officer and there exists a question of the value of any
alteration or addition, the Code Enforcement Officer shall have the
discretionary power to make his/her own estimate of such labor, material
and other costs. A cost of labor must always be provided even in cases
where an owner does the work and does not charge for his/her own labor.
Labor costs shall be estimated to be at least equal to federal minimum
labor standards in effect at the time.
(4)
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no work has commenced. If construction
work has been started and the application is not approved, no part
of the fee paid shall be refunded. If the building permit has been
issued, no part of the building permit fee paid shall be refunded.
(5)
Any amendment to the application or the plans or specifications
upon which the building permit has been issued must be filed and an
amended building permit obtained prior to the commencement of any
work which is either inconsistent with or in addition to the application
or the plans or specifications upon which the building permit has
been issued. If there is an increase in the value of the project as
a result of the amendment, an additional fee shall be paid for that
increase, based on the fee schedule above. If there is no increase
in the value of the project as a result of the amendment, but additional
plan review time is incurred, an additional fee of $35 per hour shall
be paid for the additional plan review time.
L.
Approval by other departments. Permits requiring the
approval of all or parts of the proposed work by the Fire Chief, the
Board of Public Works, the Board of Health or other authority shall
not be issued until such approval, in writing, shall have been first
obtained. This shall also apply to work subject to approval by state
or federal authorities.
M.
Permit to erect part of a building. Nothing in this
chapter shall be construed to prevent the Code Enforcement Officer
from issuing a permit for the construction of part of a building or
structure, other conditions having been complied with, before the
entire plans and a detailed statement concerning said building or
structure have been submitted or approved, provided that, when a foundation
permit is applied for, sufficient information shall be furnished about
the superstructure to enable satisfactory determination of the strength
of the proposed work.
N.
Permit includes contractor's plant. A building permit
shall entitle the builder to install and maintain at the site during
construction all necessary storage sheds, scaffolding, hoists and
other equipment for the prosecution of the work in conformity with
the Building Code, the rules of the State Industrial Commission and
others having jurisdiction, provided that neither sheds nor equipment
shall encroach upon the public right-of-way without special permission.
O.
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 two years after
the date of issuance, except that building permits that authorize
work with a construction value of more than $15,000,000 shall remain
in effect for a period of three years. A building permit may be renewed
prior to the expiration date for one additional two-year period upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer, provided
that:
P.
Revocation or suspension of building permits. 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, the Energy Code, the City of Townsville Zoning Ordinance,
or other applicable code, the Code Enforcement Officer shall revoke
the building permit, or suspend the building permit until such time
as the permit holder demonstrates that:
(1)
All completed work is in compliance with all applicable
provisions of the Uniform Code, the Energy Code, the City of Townsville
Zoning Ordinance, or other applicable code; and
(2)
All work proposed to be performed shall be in compliance
with all applicable provisions of the Energy Code, the City of Townsville
Zoning Ordinance, or other applicable code.
A.
All persons who hold a building permit under this
chapter shall make the premises available for inspection upon reasonable
notice from the Building Department during ordinary business hours.
B.
As a condition of the granting of any building permit
herein, the Code Enforcement Officer may, in his/her discretion, provide
for a schedule of mandatory inspections of any project at such times
during the course of construction as will permit the observation of
the foundation, structural elements, electrical systems, plumbing
systems, heating, ventilation and air-conditioning systems, fire protection
and detection systems and exit features.
C.
Failure to make the premises available for the inspections
set forth above shall constitute good and sufficient grounds for the
revocation of any building permit granted under this chapter.
D.
Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection E of this section is ready for inspection.
E.
The following elements of the construction process
shall be inspected, where applicable:
(1)
Work site prior to issuance of a building permit;
(2)
Footings and foundation;
(3)
Preparation for concrete slabs;
(4)
Framing;
(5)
Electrical, plumbing and HVAC systems, including underground
and rough-in;
(6)
Fire alarm systems, fire detection devices or systems,
fire protection systems, fire suppression systems, including rough-in
and final operational testing;
(7)
Emergency lighting, emergency power;
(8)
Fire-resistant construction and fire-resistant penetrations;
(9)
Exit access, exit enclosures, exit discharge, exit
lighting, exit signs;
(10)
Heating appliances, including solid-fuel-burning
heating appliances, chimneys, flues or gas vents;
(11)
Energy Code compliance;
(12)
A final inspection after all work authorized
by the building permit has been completed.
F.
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 applicable
code. Work not in compliance shall remain exposed until such work
shall have been brought into compliance with all applicable provisions
of the Uniform Code, the Energy Code, or other applicable code, reinspected,
and found satisfactory as completed.
A.
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 Code Enforcement Officer
to be contrary to any provision of the Uniform Code, the Energy Code,
or the City of Townsville Zoning Ordinance,[1] without regard to whether such work is or is not work
for which a building permit is required, and without regard as to
whether a building permit has or has not been issued; 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; 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.
C.
Service of stop-work orders. The Director of Planning
and Development or authorized code enforcement personnel 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 first class mail. The Director
of Planning and Development or authorized code enforcement personnel
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 first class mail; provided, however,
that failure to serve any person mentioned herein shall not affect
the efficacy of the stop-work order.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
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 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 this chapter or under any other applicable local 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.
A.
Certificate of occupancy. A certificate of occupancy
shall be required for all structures, buildings, or portions thereof,
which are newly constructed or are converted from one use or occupancy
classification or subclassification to another use or occupancy or
subclassification. Permission to use or occupy a newly constructed
or converted building or structure or portion thereof shall be granted
only by the issuance of a certificate of occupancy.
B.
Certificate of completion. A certificate of completion shall be required for any work which is the subject of a building permit, other than building permits issued for projects subject to the provisions of Subsection A of this section.
C.
Issuance of certificates of occupancy and certificates
of completion. The Director of Planning and Development or authorized
code enforcement personnel shall issue a certificate of occupancy
or certificate of completion if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code, the Energy Code and the City of Townsville
Zoning Ordinance[1] and/or, 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 provisions of the
Uniform Code, the Energy Code and the City of Townsville Zoning Ordinance.
The Code Enforcement Officer shall inspect the building, structure
or work prior to the issuance of a certificate of occupancy or certificate
of completion. In addition, where applicable, the following documents
prepared in accordance with the provisions 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
a certificate of occupancy or a certificate of completion shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of completion:
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
(1)
An
application on a form provided by the Building Department stating
the final project cost, and submitted at least seven working days
before the certificate is desired;
(2)
All
certifications and/or approvals required by the code enforcement personnel;
(3)
A written
statement of structural observations and/or a final report of special
inspections; and
(4)
Flood
hazard certifications.
D.
Contents of a certificate of occupancy or certificate
of completion. A certificate of occupancy or certificate of completion
shall contain the following information:
(1)
The building permit number;
(2)
The date of issuance of the building permit;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of
completion is not applicable to the entire structure, a description
of that portion of the structure for which the certificate is being
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 or any variances pertaining thereto;
(10)
The signature of the Director of Planning and
Development or authorized code enforcement personnel issuing the certificate
of occupancy or certificate of completion and the date of issuance.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
E.
Temporary certificates.
(1)
The Director of Planning and Development or authorized
code enforcement personnel 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 a temporary
certificate be issued unless the Code Enforcement Officer determines
that:
[Amended 6-5-2013 by Ord. No. 2013-15[4]]
(a)
The building or structure or portion thereof covered by the temporary
certificate may be occupied safely;
(b)
All required fire- and smoke-detecting or fire protection equipment
has been installed, tested and is operational;
(c)
All required means of egress from the building or structure have
been provided; and
(d)
For projects subject to site plan review, all improvements required
by the site plan approval, including any conditions placed on such
approval, are installed, or until a sufficient guaranty, in the form
of a performance bond, letter of credit, or other security is in place.
[4]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
(2)
The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety. 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, the Energy Code, the City of Townsville
Zoning Ordinance[5] and the conditions of site plan approval, if any. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in § 146-5K at the discretion of the Code Enforcement Officer.
F.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy or
certificate of completion 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, the Code Enforcement
Officer shall revoke or suspend the certificate.
