[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 9-21-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Intent. 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 the Village of Clyde. 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. Unless otherwise specified, the technical requirements of this chapter shall be retroactive, but shall be permitted to be modified if their application clearly would be impractical in the judgment of the Fire Prevention Bureau, and only where it is clearly evident that a reasonable degree of safety is provided.
B. 
Creation of enforcement agency. The Department of Fire Prevention and Building Safety (Code Enforcement Office) is hereby established in the jurisdiction, which shall be under the administrative and operational control of the Code Enforcement Officer.
C. 
Zoning restrictions. The provisions of this chapter with respect to the location of trades and industries, the use and occupancy of buildings and the areas of yards and other open spaces, etc., shall not be deemed to repeal, modify or constitute an alternative to any lawful zoning regulation which is more restrictive than this chapter.
D. 
Special definitions. As used in this chapter, the following terms shall have the meanings indicated:
EXPOSURE HAZARD
Property that may be endangered by radiant heat from a fire in another structure or an outside fire. A structure within 30 feet of another building and 100 square feet or larger in area shall be deemed an exposure hazard.
FIREBREAK
An area where the native vegetation has been permanently modified or replaced so that fires burning into it can be more easily controlled. Firebreaks divide fire-prone areas into smaller areas for easier fire control and to provide access for firefighting.
FRAME BUILDING (FRAME OR WOOD FRAME CONSTRUCTION)
A building in which the structural parts and materials are principally of wood, or other combustible materials, or are dependent upon a wood frame for support, including construction having a noncombustible veneer or a noncombustible covering.
IMMEDIATE LANDSCAPED AREA
The area of improved property extending at least 30 feet from the foundation of the structure, including the footprint of decks and all extensions, and the area in which vegetation has been modified for reduced flammability or aesthetic purposes, such as lawns and gardens.
ROOF COVERING
Class A, B, or C roof coverings are those which are capable of resisting severe, moderate or light fire exposure, respectively, and which do not give off flying brands. Nonclassified roof coverings are those not listed as Class A, B, or C roof coverings and are likely to give off flying brands. Exceptions: Class A roof coverings include coverings of brick, masonry and exposed concrete roof decks, ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks; and minimum 16 oz/ft2 copper sheets installed over combustible decks.
SPARK ARRESTER
Screening material or a screening device attached to a chimney termination to prevent the passage of sparks and brands to the outside atmosphere.
E. 
Fire limits. Whenever reference is made in the Uniform Code to any fire zone, fire limits, fire district, hazardous or highly congested area, it means the fire limits described below of the most appropriate number as delineated by this section. [NOTE: Such limits may include the parking of tank vehicles and LP-gas tank vehicles, the use of open-flame devices, and the controlled use of smoking materials as provided for in the Uniform Code.] Fire limits shall be designated as follows:
(1) 
Within fire limits.
(a) 
Fire Limits A, comprising the areas containing highly congested business, commercial and/or industrial occupancies, wherein the fire hazard is severe. Fire Limits A shall include Fire Zone 1 as indicated on the Fire Zone Map.[1]
[1]
Editor's Note: The Fire Zone Map is available in the Village office.
(b) 
Fire Limits B, comprising the areas containing residential, business, and/or commercial occupancies, or in which such uses are developing, wherein the fire hazard is moderate. Fire Limits B shall include Fire Zones 2, 3 and 4 as indicated on the Fire Zone Map.
(2) 
Outside the fire limits. All those areas not included in Fire Limits A or Fire Limits B shall be designated herein as outside the fire limits.
(3) 
Location within fire limits. A structure shall be deemed to be within the fire limits if more than 1/3 of the area of such structure is located therein. A building or structure which is located partly in one fire zone and partly in another shall be considered to be in the more highly restrictive fire zone, when more than 1/3 of its total floor area is located in such zone.
(4) 
Restrictions on existing buildings. Existing buildings or structures in fire limits that do not comply with the requirements for a new building erected therein shall not hereafter be enlarged, altered, remodeled, repaired, replaced or moved except as permitted by the Uniform Code or the Zoning Law[2] as applicable.
[2]
Editor's Note: See Ch. 190, Zoning.
F. 
Establishment of fire limits. The area limits referred to in certain sections of the Uniform Code are hereby established as follows:
(1) 
(Geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): Fire Limits A.
(2) 
(Geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited): Fire Limits B, except where specialized fire protection is provided per § 67-29 herein.
(3) 
(Geographic limits in which the storage of Class I and Class II liquids in aboveground tanks is prohibited): Fire Limits A.
(4) 
(Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): Fire Limits A.
(5) 
(Geographic limits in which storage of combustible fibers is restricted): Fire Limits A.
(6) 
(Geographic limits in which the use of Class A, B or C roof coverings is required): Fire Limits A, and where otherwise required by Appendix B of the Zoning Law (C-2 Zoning Incentives).[3] Where existing roofs have to be repaired, roofs may be replaced with the same type of roofing material provided the area does not exceed 25% of the total roof area.
[3]
Editor's Note: Appendix B is included as an attachment to Ch. 190.
(7) 
Within fire limits, chimneys which may emit sparks (including but not limited to fireplaces, woodstoves, barbecues, incinerators or decorative heating appliances) shall be provided with approved spark arresters. Vegetation shall not be allowed within 10 feet of a chimney outlet.
(a) 
Exception: Spark arresters shall not be required where the roof covering of the structure is Class A, B or C, and there is no exposure hazard.
G. 
Fire Zone Map. The location and boundaries of fire zones are hereby established as shown on the Fire Zone Map, which is attached hereto and hereby made a part of this chapter.[4] Said map or maps and all notations, references and designations shown thereon shall be, as such, a part of these rules and regulations as if the same were all fully described and set forth herein.
[4]
Editor's Note: The Fire Zone Map is available in the Village office.
H. 
Frame buildings.
(1) 
No frame building or structure shall be erected, enlarged, increased in height, moved within or from without to within Fire Limits A or Fire Limits B, regardless of size or occupancy, without a building permit having first been obtained from the Code Enforcement Officer.
(2) 
Unless governed by other regulations, any frame building within Fire Limits A or Fire Limits B that constitutes an exposure hazard shall be separated from another building by at least 30 feet and shall be set back at least 30 feet from any lot line that can be built upon.
(3) 
Within Fire Limits A and Fire Limits B, the removal of wooden porches, balconies or additions, or their replacement with noncombustible construction shall be accomplished as may be required by Appendix B of the Zoning Law (C-2 Zoning Incentives).[5]
[5]
Editor's Note: Appendix B is included as an attachment to Ch. 190.
(4) 
Buildings of frame construction shall conform to all requirements of the Uniform Code, and as follows:
(a) 
Multiple dwellings shall comply with applicable provisions of the Multiple Residence Law.
(b) 
Assembly occupancies shall comply with applicable provisions of the State Standard Building Code for Places of Public Assembly. [NOTE: "Place of public assembly" shall include: 1) a theatre; 2) moving picture house; 3) assembly halls maintained or leased for pecuniary gain where 100 or more persons may assemble for amusement or recreation, except: a) halls owned by churches, religious organizations, granges, and public association and free libraries as defined by § 253 of the Education Law; and b) hotels having 50 or more rooms.]
I. 
Explosives and blasting agents. The manufacture, possession, storage, sale, transportation, and use of explosives and blasting agents shall be prohibited within fire limits.
(1) 
Exception: The possession, storage, sale, transportation, and use within fire limits of small arms ammunition and primers, smokeless propellants, black powder propellants; fireworks and pyrotechnic materials; and vehicles transporting explosive materials, shall be allowed when in substantial compliance with nationally accepted firesafety practice, such as but not limited to NFPA 495 (Explosive Materials Code), and NFPA 1124 (Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles).
J. 
Open fires.
(1) 
Within Fire Limits A, open fires shall be limited to cooking devices, approved live fire training, and disposal of explosives or contraband.
(2) 
Within Fire Limits B, open fires shall be limited to recreational campfires, approved bonfires attended by the Fire Department, approved live fire training, approved agricultural fires, and the disposal of explosives or contraband.
K. 
Fences.
(1) 
Within fire limits, the construction of fences shall require a building permit.
(2) 
Within fire limits, any portion of a fence over six feet in height and within five feet of a building shall be constructed of noncombustible material or approved exterior fire-retardant wood or material that meets the same fire-resistive standards for exterior walls per the Building Code.
L. 
Hazardous occupancies. Notwithstanding any provision to the contrary, no Group H (hazardous) occupancy shall be permitted within Fire Limits A.
M. 
Firebreaks. Within fire limits, firebreaks shall be maintained as provided in this section.
(1) 
On vacant lots that are 1.25 acres in size or smaller, a firebreak shall be required over the entire area of the parcel.
(2) 
On vacant lots that are more than 1.25 acres in size but less than two acres in size, a firebreak shall be required adjacent to and along all parcel lines for a width of 30 feet.
(3) 
Within campgrounds, manufactured home parks, and developments, firebreaks shall be provided to limit areas of brush, tall grass and highly combustible vegetation to a maximum of 10 acres.
(4) 
Where constructed, firebreaks shall be not less than 10 feet in width.
(5) 
All required firebreaks shall be created and maintained by mowing all weeds, grass, rank growths, shrubs, trees, and trimmings therein to a maximum height of 10 inches, or by disking or removing all weeds, grass, rank growths, shrubs, trees, and trimmings from the firebreak.
(6) 
Trees may be retained within firebreaks provided that they are kept free of dead wood and litter and trimmed 10 feet from the ground or 1/3 their height and crowns are not interlaced.
(7) 
Shrubs may be retained within firebreaks provided all specimens are kept free of dead wood and litter and they are spaced at a distance equal to not less than three times their widest diameter, and are not less than 10 feet from other specimens or buildings.
(8) 
Unless otherwise required by this chapter or the Uniform Code, firebreaks may include fire-resistive vegetation such as green lawns and other plants designated by the Code Enforcement Officer as being fire resistive.
(9) 
Storage yards for tires, lumber, or other combustible or hazardous materials of any kind shall be maintained free from combustible ground vegetation; and shall be provided with suitable firebreaks from the stored product to brush or forested areas.
N. 
Waiver. The provisions of this chapter are waived when the Code Enforcement Officer determines that such enforcement is preempted by other codes, statutes or ordinances. The details of any action granting such a waiver shall be recorded and entered in the files of the Department of Fire Prevention and Building Safety.
O. 
Modifications.
(1) 
The Fire Prevention Bureau is authorized to modify any of the technical requirements of this chapter, upon application in writing by the owner, a lessee, or a duly authorized representative where there are practical difficulties in the way of carrying out the technical requirements of this chapter, provided that the intent of this chapter shall be complied with, public safety secured, and substantial justice done.
(2) 
Each application for a modification shall be filed with the Fire Prevention Bureau and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as required to justify the request. The Fire Prevention Bureau shall keep a record of actions on such applications, and a signed copy of the Bureau's decision shall be provided for the applicant.
(3) 
All requests for modifications shall be handled as an appeal item which includes payment of the fee specified in local law.
A. 
The Village is responsible for the administration and enforcement of the Uniform Code for all public and private buildings, premises and equipment located within the Village of Clyde.
(1) 
Exception 1: The Town of Galen shall be responsible for the administration and enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by the Town of Galen or for any special purpose unit created by or for its benefit.
(2) 
Exception 2: as otherwise provided in Subsections C, D and E.
B. 
The Village is also responsible for the administration and enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by the Village of Clyde or for any special purpose unit created by or for its benefit.
(1) 
The Village of Clyde shall apply for and obtain building permits for work, and certificates of code compliance, as provided in this chapter. However, the Village shall not be required to pay any fee for said permit or certificate.
C. 
The County of Wayne, or the State of New York, whichever shall be the authority having jurisdiction, is responsible for the administration and enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by, a Wayne County department, bureau, commission, board or authority.
D. 
The State of New York is responsible for the administration and enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by, a state department, bureau, commission, board or authority.
E. 
The State Education Department is responsible for the administration and enforcement of the Uniform Code for school districts and boards of cooperative educational services.
F. 
Subjects not regulated by the Uniform Code. Where no applicable standards or requirements are set forth in the Uniform Code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the Village of Clyde, compliance with applicable standards of the National Fire Protection Association or other nationally recognized firesafety standards shall be deemed as prima facie evidence of compliance with the intent of the Uniform Code. Nothing herein shall derogate from the authority of the Code Enforcement Officer to determine compliance with codes or standards for those activities or installations within the Code Enforcement Officer's jurisdiction or responsibility.
G. 
Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Uniform Code shall be determined by the Code Enforcement Officer.
H. 
Unusual structures and uses.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Unusual structures are those buildings, structures and facilities used for purposes or in a manner not specifically regulated by the Uniform Code.
(2) 
Special definitions. As used in this subsection, the following terms shall have the meanings indicated:
BOAT LAUNCH RAMP
A sloped surface designed for launching and retrieving trailered boats and other watercraft to and from a body of water.
BOAT SLIP
That portion of a pier, bulkhead, or float where a boat is moored for the purpose of berthing, loading, unloading, embarking, or disembarking.
BOATYARD
A facility used for constructing, repairing, servicing, hauling from the water, storing (on land and in water), and launching of boats.
BULKHEAD
A vertical structural wall, usually of stone, timber, metal, concrete or synthetic material, constructed along, and generally parallel to, the shoreline to retain earth as an extension of the upland, and often to provide suitable water depth at the waterside face.
MARINA
A facility, generally on the waterfront, that stores and/or services boats in berths, on moorings, and in dry storage or dry rack storage.
MARINE TERMINAL
A facility comprising one or more berths, slips, piers, wharves, loading and unloading areas, warehouses, and storage yards used for transfer of people and/or cargo between waterborne carriers and land.
PIER (DOCK)
A structure extending over the water and supported on a fixed foundation (fixed pier) or on flotation (floating pier), that provides access to the water.
VEHICLES and VESSELS
Any recreational vehicle, railroad car, street car or bus, ship, barge or vessel or similar conveyance no longer mobile and permanently fixed to a foundation or mooring.
WATER-SURROUNDED STRUCTURE
A structure fully surrounded by water.
(3) 
Special provisions for vehicles and vessels.
(a) 
Any vehicle which is subject to human occupancy and is prevented from being mobile shall comply with the appropriate requirements of the Uniform Code which are appropriate to buildings of similar occupancy.
(b) 
Any ship, barge or other vessel, permanently moored or aground and occupied for purposes other than navigation, shall be subject to the requirements of the Uniform Code applicable to buildings of similar occupancy.
(c) 
The display of fireworks from floating vessels and floating platforms shall be in strict compliance with NFPA 1123 (Code for Fireworks Display).
(4) 
Special provisions for bulkheads, piers and water-surrounded structures.
(a) 
Piers over 150 feet in length shall be arranged to provide two separate ways of travel to shore as by two well-separated walkways or independent structures.
(b) 
There shall be at least one permanent ladder in the vicinity of each pier or bulkhead exceeding 200 feet in length. The ladder shall be of sufficient length to assist persons to reach safety in the event they fall into the water, and shall be at least one foot, four inches, wide and shall reach the lowest water elevation anticipated. Access ladders from the pier or bulkhead surface to water shall be spaced a maximum of 400 feet on center.
(c) 
Water-surrounded structures shall be provided with exits arranged in accordance with U.S. Coast Guard regulations.
(d) 
Periodic inspections shall be made beneath pier decks to determine conditions relative to structural integrity and fire prevention. Floating combustible debris under and around piers shall be removed.
(e) 
The construction or replacement of a pier or boat launch ramp shall require a building permit. A permit shall not be required for ordinary maintenance and repairs such as repainting, redriving piles or replacing boards in docks.
(f) 
Open flames or live coals, or devices containing or using open flames, live coals, or combustible materials, including but not limited to barbecues, hibachis, stoves and heaters, shall not be permitted on piers.
(5) 
Floating dwellings.
(a) 
It is prohibited for any person to place or maintain any houseboat, scow, dwelling, boathouse, or any other kind of a floating dwelling on any body of water including but not limited to the Erie Canal or Clyde River, except at such places as shall be designated by the AHJ as proper moorages.
(b) 
All such dwellings shall be connected with running water from a potable water supply and shall have at least one toilet of the flush type on board, and if the dwelling shall be moored for greater than 14 days, a proper closed drain shall be established to an approved sanitary sewer, septic system or holding tank.
(c) 
No such dwelling shall be maintained at any location without permission first having been obtained from the property owner.
(d) 
All persons so occupying any floating dwelling shall have written permission from the Code Enforcement Officer and the permission shall designate the location of the dwelling. The Code Enforcement Officer shall grant written permission if after investigation he/she shall find that all of the above provisions have been compiled with and finds that any floating dwelling will not be a menace to the surrounding property or the public health of the community.
(e) 
All such dwellings and buildings must be constructed and maintained so as to meet the requirements of NFPA 302 (Fire Protection Standard for Pleasure and Commercial Motor Craft) or the Uniform Code, as applicable, and shall be subject to inspection by the AHJ at any time.
(6) 
Marinas, boatyards, and marine terminals. Facilities shall be maintained at all times in a state of general order and cleanliness, and shall comply with NFPA 303 (Fire Protection Standard for Marinas and Boatyards) and/or NFPA 307 (Standard for the Construction and Fire Protection of Marine Terminals, Piers and Wharves) as applicable.
(a) 
Boat launch ramp accessibility. Public boat launch ramps and access roads thereto shall not be obstructed by the parking of vehicles or trailers, or by the mooring or anchoring of boats and other watercraft, except during launching and retrieval of the same. Access roads to public boat launch ramps shall be constructed as fire lanes.
(b) 
Maintenance of public use areas. The Code Enforcement Officer shall have the authority to condemn and close to the public any boat slip, pier, bulkhead or boat launch ramp which is considered unsafe, and it shall not be used by the public until the deficiencies are corrected.
(7) 
Recreational vehicles and recreational park trailers.
(a) 
Special definitions. As used in this subsection, the following terms shall have the meanings indicated:
CAMPER VAN
A passenger van equipped with beds and cooking equipment so that it can be used for recreational, camping or traveling purposes. Camper vans shall be considered recreational vehicles.
[Added 11-27-2021 by L.L. No. 3-2021]
CAMPING TENT TRAILER
A trailer equipped with a canvas or other fabric shelter that can be opened up above the body and used for recreational, camping or traveling purposes. Camping tent trailers shall be considered recreational vehicles.
[Added 11-27-2021 by L.L. No. 3-2021]
RECREATIONAL PARK TRAILER
A trailer-type unit that is primarily designed to provide temporary living quarters for recreational camping or seasonal use; and is certified by the manufacturer as complying with ANSI A119.5 (Recreational Park Trailer Standard).
RECREATIONAL VEHICLE (RV)
A vehicular-type unit that is primarily designed as temporary living quarters for recreational, camping, or seasonal use; has its own motive power or is mounted on or towed by another vehicle; which is regulated by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment; does not require a special highway use permit for operation on the highways; and can be easily transported and set up on a daily basis by an individual.
ROOF TENT
An accessory fitted to the roof of a passenger car or similar vehicle that can be opened up and used for recreational, camping or traveling purposes. Vehicles equipped with roof tents shall be considered recreational vehicles.
[Added 11-27-2021 by L.L. No. 3-2021]
TRUCK CAMPER
A pickup truck equipped with a structure or enclosure mounted on it (including, but not limited to, a slide-in camper or camper cap), so that it can be used for recreational, camping or traveling purposes. Truck campers shall be considered recreational vehicles.
[Added 11-27-2021 by L.L. No. 3-2021]
(b) 
Recreational vehicles shall be regulated by and fully comply with NFPA 1192 (Standard for Recreational Vehicles).
(c) 
Recreational park trailers shall be regulated by and fully comply with ANSI A119.5 (Recreational Park Trailer Standard).
(d) 
Notwithstanding any provision to the contrary, recreational vehicles and park trailers shall not be used as permanent living quarters by any individual or group of individuals.
(e) 
Temporary use and storage of recreational vehicles and recreational park trailers.
[Added 11-27-2021 by L.L. No. 3-2021]
[1] 
No recreational vehicle or recreational park trailer shall be used or stored at any location without permission first having been obtained from the property owner.
[2] 
Except during a twenty-four-hour period for the purpose of loading or unloading, recreational vehicles and recreational park trailers shall not be parked or stored on any street or roadway.
[a] 
Exception 1: Camper vans, truck campers and vehicles equipped with roof tents, because they are commonly used as passenger vehicles in addition to camping.
[b] 
Exception 2: Camping tent trailers in the stowed configuration.
[3] 
One recreational vehicle may be stored or used outdoors on a residential lot, as set forth herein. Such vehicle, except an unmounted slide-in camper or camper cap, shall have a current license and shall be mechanically ready to be moved at any time.
[a] 
Exception 1: Camper vans, roof tents and truck campers shall not count toward the one-vehicle storage limit because they are commonly used as passenger vehicles in addition to camping.
[b] 
Exception 2: One camping tent trailer in the stowed configuration, and/or one unmounted slide-in camper/camper cap, shall not count toward the one-vehicle storage limit.
[4] 
It shall be prohibited for any recreational vehicle or recreational park trailer to be lived in or occupied within any structure.
[5] 
When occupied or in the set-up mode, all recreational vehicles and recreational park trailers shall be provided with running water from a potable water supply and shall have at least one toilet of the flush type connected to an approved sanitary sewer, septic system or holding tank.
[a] 
Exception 1: An approved potable water storage tank shall be permitted in lieu of a running water supply.
[b] 
Exception 2: Where the occupant(s) of the recreational vehicle or recreational park trailer have physical and legal access to potable water within 250 feet of the site.
[c] 
Exception 3: Where the occupant(s) of the recreational vehicle or recreational park trailer have physical and legal access to toilet facilities within 500 feet of the site.
[6] 
Flood hazard areas. All recreational vehicles and recreational park trailers placed on sites within special flood hazard areas shall be either:
[a] 
On the site for fewer than 180 consecutive days and be maintained fully licensed and ready for highway use (i.e., on its wheels or jacking system, attached to the site only by quick-disconnect-type utilities, and with no permanently attached additions); or
[b] 
In compliance with all applicable standards of National Flood Insurance Program Regulations for the elevation and anchoring of manufactured homes.
[7] 
If any recreational vehicle or recreational park trailer is set up and/or occupied for greater than 14 days, written permission shall be required from the Code Enforcement Officer. The Code Enforcement Officer shall grant written permission if, after investigation, he/she shall find that all of the above provisions have been complied with and finds that the recreational vehicle or recreational park trailer will not be a menace to the surrounding property or the public health of the community.
[a] 
Exception: Recreational vehicles and recreational park trailers set up and occupied within approved campgrounds or vehicle sales lots.
(f) 
For purposes of this section, the term "permanent living quarters" shall mean the use or occupancy of a recreational vehicle or recreational park trailer for more than 180 days within any twelve-month period, on a single premises.
[Added 11-27-2021 by L.L. No. 3-2021]
I. 
Standards for development.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Where local zoning or other land use regulations do not specify requirements for certain types of development, the Code Enforcement Officer is authorized to adopt rules and regulations governing such activities. Such rules and regulations shall be based upon nationally accepted firesafety practice, such as but not limited to National Fire Protection Association (NFPA) standards. The following list illustrates without limiting the types of occupancies which may be covered by this subsection:
(a) 
Manufactured home parks, in general conformance with NFPA 501A (Standard for Firesafety Criteria for Manufactured Home Installations, Sites, and Communities).
(b) 
Campgrounds, in general conformance with NFPA 1194 (Standard for Recreational Vehicle Parks and Campgrounds).
(c) 
Large-scale development, in general conformance with NFPA 1141 (Standard for Fire Protection Infrastructure for Land Development in Suburban and Rural Areas).
(2) 
Fire Department capability. Whenever any of the following projects occur, the Fire Prevention Bureau shall conduct an assessment to determine the impact of the land use change on the fire protection services offered by the Fire Department:
(a) 
The adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of said district.
(b) 
Construction of new residential units that meet or exceed the following thresholds:
[1] 
Fifty dwelling units not to be connected (at the commencement of habitation) to existing community or public water systems.
[2] 
Two hundred fifty dwelling units to be connected (at the commencement of habitation) to existing community or public water systems.
[3] 
A density of more than eight dwelling units per acre.
(c) 
Projects that meet or exceed any of the following thresholds, or the expansion of existing nonresidential facilities by more than 50% of any of the following thresholds:
[1] 
Parking for 1,000 vehicles.
[2] 
A facility with more than 100,000 square feet of gross floor area.
[3] 
A development that will encompass more than 640 acres.
(d) 
Any high-rise building.
(e) 
Any occupancy using or storing hazardous materials in amounts required to be reported under the federal Emergency Planning and Community Right-to-Know Act (SARA Title III Tier I and Tier II Reporting).
(f) 
Any mercantile occupancy having an aggregate gross area of more than 30,000 square feet or occupying more than three stories for sales purposes.
(3) 
Assessment questions. Fire Department capability assessments should address the following questions:
(a) 
Fire station locations. In order to maintain an acceptable level of Fire Department and emergency response times within the response area, are current fire station locations distributed and designed to service changing demands resulting from the land use changes and development?
(b) 
Fire Department resources. Are there adequate fire apparatus and staffing to meet the increased service demands likely to be generated by the build-out?
(c) 
Special operations. Will the development introduce a need for special operations not currently within the capability of the Fire Department?
(4) 
Where the capability assessment determines that the existing Fire Department cannot maintain its current level of service delivery while also providing services to the proposed development, the Fire Department and the developer shall jointly determine how to mitigate the impact on the delivery of fire services or increase the capability of the Fire Department and how those services are to be provided.
(5) 
Developers of large subdivisions, manufactured home parks, shopping centers or apartment complexes large enough or of sufficient density to require a Fire Department capability assessment, shall dedicate one or more sites for future fire stations when no fire station capable of providing structural firefighting exists within 1.5 miles of the development, as measured along existing or proposed fire apparatus access roads.
A. 
Establishment. There is hereby established the office of Code Enforcement Officer, who shall be appointed by the Village Board.
B. 
Duties and responsibilities. The Code Enforcement Officer and any assistant or deputy code enforcement officer shall have the power, duty and authority to enforce this chapter and the Uniform Code. The duties of assistants and deputies shall be restricted as provided for in Subsection D. He or she shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter and the Uniform Code. He or she shall examine all applications for permits, issue permits for the construction, alteration, enlargement, use and occupancy of all buildings, structures and facilities which are in compliance with this chapter and the Uniform Code, record and file all applications and permits with accompanying plans and documents and make such reports as may be required.
C. 
Assistants and deputies. The Village Board may designate one or more assistant or deputy code enforcement officers to assist in the enforcement of this chapter and the Uniform Code, and who shall act under the direct supervision of the Code Enforcement Officer. The Village Board may designate a person to act as an Acting Code Enforcement Officer and to exercise all of the duties and powers conferred upon the Code Enforcement Officer by this chapter in case of the absence or inability of the Code Enforcement Officer to act for any reason.
D. 
Qualifications, training and continuing education. Each Code Enforcement Officer and his or hers assistants and deputies, shall possess satisfactory experience, professional training, or both, in the field of building construction, design, modification and maintenance. The Code Enforcement Officer shall complete and maintain the necessary training and certification as stipulated in 19 NYCRR Part 434 (NYS Code Enforcement Officer certification). Assistant and deputy code enforcement officers shall complete and maintain a level of training appropriate to their specific duties. An assistant and deputy whose duties include only the inspection of existing buildings (i.e., fire and property maintenance inspections only), shall be NYS certified as a code compliance technician. The Code Enforcement Officer and his or her deputies and assistants shall not be required to reside within the Village of Clyde, but shall be capable of timely response should an emergency requiring their services occur.
E. 
Restrictions on officers. No Code Enforcement Officer or assistant or deputy code enforcement officer shall engage in activity inconsistent with his or her duties, nor shall they, during the term of their employment, be engaged directly or indirectly in any construction business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans and specifications thereof within the jurisdiction of the Village of Clyde. Neither shall they be engaged in any business, the primary purpose of which is the sale, leasing, installation and/or maintenance of fire-protection equipment. Nothing contained herein shall prohibit any such employee from such activities in conjunction with the construction of a building or structure owned by him or her, and not constructed for sale.
F. 
Relief from personal liability. No Code Enforcement Officer or assistant or deputy code enforcement officer shall, while acting pursuant to the provisions of this chapter or the Uniform Code, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of their official duties, provided that such acts are performed in good faith and without gross negligence.
G. 
Legal defense. In any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter and the Uniform Code shall be defended by the legal representative of the Village of Clyde until the final termination of the proceedings. The Code Enforcement Officer or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter or the Uniform Code; and any officer or employee of the Code Enforcement Office, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
A. 
The Code Enforcement Officer shall have all other duties and powers as designated in Chapter 190, Zoning, of the Code of the Village of Clyde.
B. 
Identification. The Code Enforcement Officer and any subordinate shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter or the Uniform Code.
C. 
Administrative guidelines. The Code Enforcement Officer shall have the authority to adopt written administrative guidelines covering those activities not specifically covered by this chapter or the Uniform Code, such as procedures for handling complaints, conducting inspections, issuing violation notices, and establishment of an order of authority within his or her department.
A. 
Maintenance of records. The Code Enforcement Officer shall keep permanent records of transactions and activities conducted by him or her, including lists of applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, notices, and orders issued, variances approved, and other information as required by the Uniform Code. All such records shall be public records subject to the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
B. 
Annual report. The Code Enforcement Officer shall annually submit a report and summary of all business conducted by the Code Enforcement Officer, including permits and certificates issued, fees collected, orders and notices issued, inspections and tests made, and appeals or litigation pending or concluded, which report shall be filed prior to January 15 of the following year.
A. 
Purpose. To insure compliance with the provisions of the Uniform Code, no person shall erect, alter, install, change in use, remove, relocate or demolish any building or structure, or part thereof, nor alter the use of land subsequent to the adoption of this chapter, until a building permit has been issued by the Code Enforcement Officer. All work required to conform to the Uniform Code shall require a building permit.
(1) 
Exception. The following categories of work shall be exempt from the requirements for building permits:
(a) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or townhouses.
(b) 
Installation of swimming pools associated with a one- or two-family dwelling or townhouses, where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground.
(c) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids.
(d) 
Construction of temporary motion picture, television and theater stage sets and scenery.
(e) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or townhouses.
(f) 
Installation of partitions or movable cases less than five feet nine inches in height.
(g) 
Painting, wallpapering, tiling, carpeting, or other similar finish work.
(h) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.
(i) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications [see Subsection A(4) and (6)].
(j) 
Repairs, provided that such repairs do not involve the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; the enlargement, alteration, replacement, or relocation of any building system.
(k) 
The temporary removal from service of all or part of a fire-protection system, subject to the approval of the Code Enforcement Officer.
(2) 
Solid fuel-burning appliances. A building permit shall be required for installation of any solid fuel-burning appliance, chimney or flue.
(3) 
Agricultural structures. Building permits shall be required for all agricultural structures.
(4) 
Fuel-fired equipment. The installation and replacement of any permanent fuel-fired equipment, including but not limited to: furnaces, boilers, water heaters, and generators, shall require a building permit.
(5) 
Handicapped accessibility. Alterations or construction for the purpose of providing or improving handicapped accessibility shall require a building permit.
(6) 
Electrical equipment. The extension of any electrical system, and the installation or replacement of any electric water heater, central air-conditioning condenser and generator shall require a building permit.
(7) 
Reroofing. Reroofing shall require a building permit.
(a) 
Exception. Agricultural structures.
(b) 
Roofing operations utilizing heat-producing systems or other ignition sources shall be performed only by contractors that are licensed by the Village of Clyde. The fee for each license shall be $50. Before said license shall be issued, said contractor shall submit proof of general liability insurance coverage in an amount not less than $100,000. Each license shall expire one year from the date of issuance.
(8) 
Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. A copy of said permit shall be provided to the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(9) 
Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. A copy of said permit shall be provided to the Fire Department. All new and existing alarms shall be registered with the Code Enforcement Office.
[Added 8-26-2015 by L.L. No. 4-2015]
(10) 
Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators. A copy of said permit shall be provided to the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(11) 
Private fire hydrants. A construction permit is required for the installation or modification of private fire hydrants. A copy of said permit shall be provided to the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(12) 
Standpipe systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. A copy of said permit shall be provided to the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(13) 
Hazardous materials. A construction permit is required to abandon, remove, place temporarily out of service, or close a facility or other area required to be reported to the Fire Department pursuant to this chapter. A copy of said permit shall be provided to the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(14) 
Flammable and combustible liquids. A construction permit is required:
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
To install, repair or modify a pipeline for the transportation of flammable or combustible liquids.
(b) 
To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, transported, stored, dispensed or used.
(c) 
To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.
(d) 
To render an underground storage tank (UST) system temporarily out of service.
[1] 
When the UST system is temporarily out of service for less than three months, the owner and operator shall continue operation and maintenance of corrosion protection, and shall continue operation and maintenance of any release detection or empty the UST system by removing all materials so that no more than one inch of residue, or 0.3% by weight of the total capacity of the UST system, remains in the system.
[2] 
When a UST system is temporarily out of service for three months or more, the owner and operator shall leave vent lines open and functioning, and cap or plug all other lines such as fill line, gauge opening, pump suction, and ancillary equipment and secure against tampering.
(e) 
To permanently close an underground storage tank (UST) system.
[1] 
When a UST system is temporarily closed for more than 12 months, the owner and operator shall either permanently close the UST in place with proper safeguarding, or permanently remove the UST.
[2] 
Used tanks shall be labeled with information about the former contents, present vapor state, vapor-freeing treatment method, and a warning against reuse.
[3] 
Used tanks shall be removed from the site promptly and preferably the same day as taken from the ground. Before removal, the tank atmosphere shall be checked to ensure the flammable vapor concentration does not exceed safe levels.
[4] 
The storage of used tanks shall be in a secure area where the public will not have access.
(15) 
LP-gas. A construction permit is required:
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
For installation of or modification to an LP-gas system (fuel gas system).
(b) 
For abandonment of an LP-gas container:
[1] 
Tanks "temporarily out of service" shall have the fill line, gauge opening, any fuel line entering the structure and the pump connection secured against tampering. Relief and regulating devices shall be maintained in accordance with the Uniform Code.
[2] 
Any tank not utilized for a period of 10 months shall be properly safeguarded or removed in an approved manner.
[3] 
Any tank abandoned for a period of one year shall be removed from the property in an approved manner and the site restored in an approved manner.
(16) 
Industrial ovens. A construction permit is required for installation of industrial ovens.
[Added 8-26-2015 by L.L. No. 4-2015]
(17) 
Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth.
[Added 8-26-2015 by L.L. No. 4-2015]
(18) 
Major equipment installation. A construction permit is required for major equipment installation. The term "major equipment installation," for purposes of this subsection, shall mean the installation of a new piece of equipment that may have an adverse impact on existing features of firesafety. This includes equipment that requires a new penetration be made through existing fire barriers, fire compartments, or fire walls for piping and conduit; equipment that may impair or block existing sprinkler protection due to the size and location of the equipment with respect to existing sprinkler heads; and equipment that may increase ambient noise to a level where existing fire alarm indicating devices can no longer be heard.
[Added 8-26-2015 by L.L. No. 4-2015]
(19) 
Fire escapes. A construction permit is required for the installation, alteration, replacement or removal of any fire escape or portion thereof.
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
Requests for removal of drop ladders or counterbalanced stairs may be granted by the Fire Prevention Bureau when the counterbalanced stair can be used by unauthorized persons to enter the building. To approve removal, the Fire Prevention Bureau shall judge all of the following in the affirmative:
[1] 
Is an automatic sprinkler system installed (minimum coverage = exitway plus at least one head in each room)?
[2] 
Is the existing fire escape structurally sound and adequately maintained?
[3] 
Can a twenty-two-foot extension ladder be used to access the lowest fire escape platform?
(b) 
All requests for removal of drop ladders or counterbalance stairs shall be handled as an appeal item which includes payment of the fee specified in local law. Requests for removal shall include the following:
[1] 
Plot plan showing the building in relation to adjacent property lines and fire escape location(s); and
[2] 
Floor plans which specifically detail all stair towers, interior corridors, fire escape locations and location of the fire escape or portion thereof to be removed, and which show the exit layout on each floor in relation to the fire escape(s) being reviewed; and
[3] 
A fire and life safety summary identifying the building's construction type, fire rating of the means of egress and types of fire protection equipment within the building.
(c) 
If any drop ladder or counterbalance stair is removed, the hole in the platform shall be filled with a permanent grate or other approved material.
(d) 
The Code Enforcement Officer may adopt rules and regulations governing the construction and repair of fire escapes and fire escape components.
(20) 
Water wells. A construction permit is required to construct or abandon any water supply well.
[Added 8-26-2015 by L.L. No. 4-2015]
(21) 
Incinerators and outdoor cooking devices. A construction permit is required to construct or install any incinerator, outdoor fireplace, permanent barbecue pit or grill. Portable fire pits and grills shall not require a construction permit.
[Added 8-26-2015 by L.L. No. 4-2015]
(22) 
Outdoor wood boilers. A construction permit shall be required to install, replace or relocate an outdoor wood boiler. The fee for said permit shall be as required for any solid-fuel-burning appliance. Outdoor wood boilers shall be located and installed in accordance with the manufacturer's installation instructions and environmental regulations governing such appliances, e.g., Part 247 of NYSDEC regulations (outdoor wood boilers).
[Added 8-26-2015 by L.L. No. 4-2015]
B. 
Information required.
(1) 
All applications for building permits shall be accompanied by two full sets of plans, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building and accessory structures, signs, parking or loading areas, or other physical features and such other information as may be required by this chapter, or may be necessary to determine and provide for enforcement of the Uniform Code. In addition, each application shall provide the following minimum information:
(a) 
A description of the proposed work.
(b) 
The Tax Map number and the street address.
(c) 
The occupancy classification of any affected building or structure.
(d) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code.
(2) 
Construction documents shall not be accepted as part of an application for a building permit unless such documents indicate with sufficient clarity and detail the nature and extent of the work proposed; substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law.
(3) 
Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the Fire Prevention Bureau for review and approval prior to construction.
[Added 8-26-2015 by L.L. No. 4-2015]
(4) 
All applications for building permits shall include a construction cost estimate. The construction cost estimate shall include all structural, electrical, plumbing, mechanical, interior finish and normal site preparation. If no construction cost estimate is given, or if the construction cost appears to be inaccurate, the Code Enforcement Officer is authorized to determine a construction cost estimate based upon current International Code Council Building Valuation Data (BVD).
[Added 8-26-2015 by L.L. No. 4-2015]
(5) 
All proposed bedrooms shall include required smoke alarms and a means of escape as required by the Uniform Code. For purposes of this chapter, the term "bedroom" shall mean any room or space within a dwelling or other occupancy which has the potential to be utilized as a sleeping area on a consistent basis. To be deemed a bedroom, the room must meet the following standards:
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
The room must be a habitable or planned habitable space per the requirements of the Uniform Code. Planned habitable spaces would include those areas which contain the appropriate "roughed-in" mechanicals, such as heating ducts, hot water lines, or plumbing waste lines, etc., but are not currently "finished" to meet Uniform Code requirements for habitable space.
(b) 
The room should provide privacy to the occupants.
(c) 
Full bathroom facilities (containing either a bathtub or shower) should be conveniently located to the bedroom served. Convenience in this case means on the same floor as the bedroom or on an adjacent floor.
(d) 
There should be a clothes closet in or conveniently available to the room.
(e) 
There shall be a window that opens to the outside, and a means of escape.
(f) 
Entry shall be from a common area, not through a room already deemed a bedroom.
C. 
Issuance of building permit.
(1) 
The Code Enforcement Officer shall examine each application for a building permit to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code. Construction documents that are accepted and approved as part of a permit application shall be so marked in writing or by a stamp. One set of approved construction documents shall be retained by the Code Enforcement Official, and a second set of approved documents shall be kept at the work site for use by the Code Enforcement Officer.
(2) 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and all other laws, ordinances, rules, and regulations applicable thereto. All work shall conform to the approved plans and specifications and the Uniform Code. Amendments to permits shall be individually approved by the Code Enforcement Officer.
(3) 
When a building permit has been issued in error because of inaccurate, incorrect, or incomplete information, or the work for which the permit was issued violates the Uniform Code, the Code Enforcement Officer shall revoke or suspend the permit until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with the applicable provisions of the Uniform Code.
(4) 
Each issued building permit shall be visibly displayed at the work site and remain visible until the project has been completed and a certificate of code compliance has been issued.
(5) 
Applications for permits to demolish a building or portion thereof, which was constructed prior to January 1, 1974, shall be accompanied by a predemolition asbestos survey, as required by New York State Department of Labor regulations.
(6) 
Work for which a permit is issued shall be completed within 12 months of issuance. The Code Enforcement Officer may renew a building permit upon application and subject to a fee as provided in Chapter 78 of this Code.
[Amended 7-20-2022 by L.L. No. 2-2022]
(7) 
Upon commencement, work for which a permit is issued shall be prosecuted regularly and diligently, be completed and ready for use before expiration of said permit, and include final cleanup of the premises prior to the issuance of a certificate of compliance/occupancy.
[Added 1-25-2017 by L.L. No. 3-2017]
(8) 
Building permits for work valued at $25,000 or more shall only be renewed if the applicant first furnishes a performance bond in an amount not less than $10,000 for the purpose of guaranteeing the completion of the project and final cleanup of the premises. Abandonment of work for a period exceeding six months shall be cause for bond monies being forfeited.
[Added 1-25-2017 by L.L. No. 3-2017]
D. 
Individual permits. Where a building owner or building contractor subcontracts work to one or more building contractors, the Code Enforcement Officer shall be authorized to require and issue individual permits for the following categories of work, in addition to the building permit:
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
An electrical permit for the installation or modification of any electrical system.
(2) 
A mechanical permit for the installation or modification of any HVAC system.
(3) 
A fuel gas permit for the installation or modification of any fuel gas system.
(4) 
A plumbing permit for the installation or modification of any plumbing system.
E. 
Annual permit.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the Code Enforcement Officer is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. The fee for an annual permit shall be $50.
(2) 
The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit, which shall be made available to the Code Enforcement Officer upon request.
F. 
Temporary structures and uses.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The Code Enforcement Officer is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Code Enforcement Officer is authorized to grant extensions for demonstrated cause. The fee for temporary structures and uses shall be the same as for a similar permanent structure or use.
(2) 
Temporary structures and uses shall conform to the structural strength, firesafety, means of egress, accessibility, light, ventilation and sanitary requirements of the Uniform Code as necessary to ensure public health, safety and general welfare.
(3) 
The Code Enforcement Officer is authorized to give permission to temporarily supply and use power in part of an electrical installation before such installation has been fully completed and the final certificate of compliance has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70 (National Electrical Code).
(4) 
The Code Enforcement Officer is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
G. 
Use of temporary cover authorized.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The use of temporary cover is allowed on a temporary basis to protect structures and contents therein from storm and catastrophic events. A permit is not required; however, temporary cover must be securely attached to the structure, must be free of holes and tears, and must be removed no later than the time necessary to effectuate permanent repairs. The owner of the property shall exercise reasonable and prompt measures to make permanent repairs to the structure. The Code Enforcement Officer may allow a property owner a period not to exceed 180 days within which to remove temporary cover from, and make permanent repairs to, the structure.
(a) 
Exception: in cases of extension issued by the Code Enforcement Officer due to climate conditions.
(2) 
The term "cover" shall mean any form of plastic, cloth, fabric, material commonly known as "tarp," wood, or other material that is used to conceal loose or missing shingles, cracks, holes or openings that expose or could expose an interior part of a structure, including the contents therein, to rain, snow, hail or wind, or theft or loss.
H. 
Housewrap and building paper. Once installed, housewrap and building paper shall not be left exposed to the elements for longer than four months.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Exception 1: Such materials may be left exposed to the elements for a longer period of time where specifically permitted by the manufacturer.
(2) 
Exception 2: in cases of extension issued by the Code Enforcement Officer due to climate conditions.
I. 
Duty of building contractor to verify permits in effect. It shall be the absolute duty and irrevocable responsibility of the building contractor to verify that all permits required by the Village of Clyde are lawfully in effect before proceeding with any work to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the whole or part of any building or structure or any of the appurtenances thereto, sidewalk, street or pavement. No building contractor, workman or other person shall perform any construction or demolition or other work unless a building permit covering such work has been displayed as required by this chapter.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Exception 1 (emergency repairs): Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within three working business days to the Code Enforcement Officer.
(2) 
Exception 2 (ordinary repairs): Work is not prohibited where such work does not require a permit.
J. 
Approval for and availability of essential services.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to issuance of a building permit.
(2) 
Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The authority having jurisdiction (AHJ) is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the AHJ agrees otherwise. All service extensions shall be designed and installed in full conformance with the AHJ's standards for such service, and shall be subject to review, permit and inspection as required by other policies or laws of the AHJ.
K. 
Foundation permits. After submittal of the appropriate construction documents, the Code Enforcement Officer is authorized to issue a permit for the construction of foundations of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation shall proceed at the holder's own risk and without assurance that a permit for the entire structure will be granted. Neither the basement and/or cellar may be occupied for any purpose until a certificate of occupancy has been issued for the entire structure.
[Added 8-26-2015 by L.L. No. 4-2015]
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 listed in Table 67-6, attached hereto.
[Amended 8-26-2015 by L.L. No. 4-2015]
Table 67-6 Hazardous Materials
Type
Amounts To Be Reported
Operating Permit Required
1.
Combustible liquids (Class II and IIIA):
25 gals inside and/or
ab
60 gals outside
d
2.
Flammable liquids (Class I):
5 gals inside and/or
ac
10 gals outside
d
3.
Explosive materials/blasting agents:
Any quantitye
e
4.
Corrosive materials:
Gas: 200 cubic feet
Liquid: 55 gals
Solid: 1,000 lbs
5.
Poisonous, toxic and/or irritating materials
Any quantity
6.
Oxidizers:
    Gas: 200 cubic feet
    Liquid or solid:
Class 4 or 3: Any quantity
Class 2 or 1: 50 lbs
7.
Organic peroxides:
Class I or II:
Any quantity
Class III or IV:
10 lbs
8.
Pyrophoric materials:
Any quantity
9.
Unstable/reactive materials:
Any quantity
10.
Water-reactive materials
Any quantity
11.
Radioactive materials:
Any quantity
12.
Etiologic (biohazard) materials:
Any quantity
NA
13.
Liquefied petroleum gas (propane)
>2,000 gals
f
14.
Nonflammable gas
>6,000 cubic feet
15.
Flammable gas
200 cubic feet
16.
Flammable solid
Any quantity
NOTES:
a
Except the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
b
Except the storage of fuel oil used in connection with oil-burning equipment.
c
Except the storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant.
d
Except for outdoor storage of less than 1,100 gals.
e
Exceptions: (i) not more than 20 lbs smokeless propellant for personal use stored in a residence; (ii) small arms ammunition.
f
Except the operation of cargo tankers.
(2) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling.
(3) 
The 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.
(5) 
Buildings of Group H occupancy classification, as defined in the Uniform Code.
(6) 
Temporary membrane structures and tents having an area in excess of 200 square feet, and canopies having an area in excess of 400 square feet. The Code Enforcement Officer may waive the requirement for an operating permit for temporary membrane structures, tents and canopies when, in his or her opinion, doing so will not endanger public health and safety.
(7) 
Manufactured home parks, in accordance with Appendix C, Section 7, of Chapter 190, Zoning. The fee for an operating permit for a manufactured home park shall be $20 per manufactured home or home site.
(8) 
Storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet of total volume of scrap tires and for indoor storage of scrap tires and tire byproducts.
[Added 8-26-2015 by L.L. No. 4-2015]
(9) 
To operate a special amusement building.
[Added 8-26-2015 by L.L. No. 4-2015]
(10) 
Carnivals, fairs and special events.
[Added 8-26-2015 by L.L. No. 4-2015]
(11) 
The setting and detonation of explosives in construction excavation, demolition or mining.
[Added 8-26-2015 by L.L. No. 4-2015]
(12) 
The storage and handling of combustible fibers in quantities greater than 100 cubic feet.
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
Exception: Agricultural storage outside of fire limits.
(13) 
Lumber yards, wood processing and woodworking facilities (including but not limited to wood flour plants, woodworking plants, lumber mills, and composite board plants) that occupy areas of more than 2,000 square feet.
[Added 8-26-2015 by L.L. No. 4-2015]
(14) 
Hot work operations, except where in accordance with an approved hot work program or conducted by licensed building contractors.
[Added 8-26-2015 by L.L. No. 4-2015]
(15) 
High-piled combustible storage (greater than 12 feet in height) exceeding 500 square feet.
[Added 8-26-2015 by L.L. No. 4-2015]
(16) 
Storage in any building or upon any premises in excess of 2,500 cubic feet of combustible empty packing cases, boxes, barrels or similar containers, wood or plastic pallets, rubber tires, rubber, cork or similar combustible material.
[Added 8-26-2015 by L.L. No. 4-2015]
(17) 
Storage, sales, display or manufacturing of upholstered furniture and/or mattresses that exceeds 2,500 square feet.
[Added 8-26-2015 by L.L. No. 4-2015]
(18) 
The kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Open burning permits shall be limited to: 30 days for celebratory bonfires and residential brush burning; 60 days for agricultural fires and live fire training; 15 days for prescribed fires and the burning of explosives or contraband by the Fire Department or law enforcement agencies; there shall be no time limit for burn permits for small agricultural fires conducted at approved locations and in approved containers.
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
Exception 1: recreational fires.
(b) 
Exception 2: backfires carried out under emergency circumstances by fire service personnel in the official performance of their duties.
(19) 
Drying rooms, kilns and dry kilns installed within a building.
[Added 8-26-2015 by L.L. No. 4-2015]
(a) 
Exception: kilns that are used for ceramics, have a maximum interior volume of 20 cubic feet, and are used for hobby and noncommercial purposes.
(20) 
To operate a dry-cleaning plant.
[Added 8-26-2015 by L.L. No. 4-2015]
(21) 
To operate an incinerator or crematory.
[Added 8-26-2015 by L.L. No. 4-2015]
(22) 
Marinas and boatyards.
[Added 8-26-2015 by L.L. No. 4-2015]
(23) 
To produce, store, transport on site, use, handle or dispense cryogenic fluids.
[Added 8-26-2015 by L.L. No. 4-2015]
(24) 
An operational permit is required to manufacture, store or handle an aggregate quantity of Level 3 aerosol products in excess of 500 pounds net weight.
[Added 8-26-2015 by L.L. No. 4-2015]
(25) 
An operational permit is required for the laboratory use of hazardous chemicals.
[Added 8-26-2015 by L.L. No. 4-2015]
B. 
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A, including preexisting buildings, uses and activities, shall be required to obtain an operating permit prior to commencing or continuing such operation. Applications for operating permits shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests and reports necessary to verify conformance shall be required.
C. 
The Code Enforcement Officer shall have the authority to issue a single operating permit for more than one hazardous activity at a single site.
D. 
Operating permits shall remain in effect until reissued, renewed or revoked, and shall expire as follows:
(1) 
Operating permits for pyrotechnic displays in assembly occupancies shall be limited to 30 days.
(2) 
Operating permits for areas of public assembly shall be limited to one year.
(3) 
All other operating permits shall be limited to three years.
(4) 
Operating permits shall be nontransferable (upon transfer of ownership or control of property).
E. 
Whenever the Code Enforcement Officer finds that activities do not comply with applicable provisions of the Uniform Code, the operating permit shall be revoked or suspended. Once satisfied that the activity will be in compliance with the Uniform Code, the Code Enforcement Officer shall reinstate the operating permit.
F. 
The fee for an operating permit shall be $50 or as otherwise provided herein.
(1) 
Exception 1: There shall be no fee for open burning permits.
[Added 8-26-2015 by L.L. No. 4-2015]
(2) 
Exception 2: There shall be no fee for public events and activities sponsored, organized or conducted by a municipal department, agency or district.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being carried out in violation of the provisions of the Uniform Code, without a valid permit, or in a dangerous or unsafe manner, he or she shall notify, in writing, the owner of the property, or the owner's agent, or the person performing the work to suspend all work. Said notice shall be personally served, or prominently posted upon the premises, or mailed to the owner of record of the premises, as recorded in the office of the Town Assessor, by certified mail.
B. 
Stop-work orders shall state the reason for issuance and the conditions which must be satisfied before work will be permitted to resume.
C. 
Upon issuance of a stop-work order, all persons performing work shall suspend all work activities until the stop-work order has been rescinded by the Code Enforcement Officer.
D. 
Where an emergency exists, the Code Enforcement Officer shall not be required to give a written notice prior to stopping the work.
A. 
A certificate of compliance shall be required for all work that is the subject of a building permit, and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification to another. No person shall use or occupy any constructed, extended, relocated, altered or converted structure or portion thereof until a certificate of compliance has been issued by the Code Enforcement Officer.
B. 
Before issuing a certificate of compliance, the Code Enforcement Officer shall perform a complete 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. The Code Enforcement Officer shall be satisfied that all work conforms to the approved plans and specifications and the Uniform Code.
(1) 
Where applicable, flood hazard certifications, prepared in accordance with the provisions of the Uniform Code, must be received prior to issuance of the certificate.
C. 
Information. Certificates of compliance shall contain the following minimum 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 the 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.
(10) 
The signature of the official issuing the certificate and the date of issuance.
D. 
Temporary occupancy. The Code Enforcement Officer may issue a certificate for temporary use and occupancy of a structure, as provided for in § 190-80 of Chapter 190, Zoning.
E. 
Restrictions. In no event shall the Code Enforcement Officer issue any certificate of compliance or temporary certificate for any portion of a building or structure until the required fire detection, alarm and suppression systems have been installed, tested and approved.
F. 
Affidavit of design professional.
(1) 
Prior to issuance of a certificate of compliance, other than a temporary certificate as provided in Subsection D, there shall be filed with the Code Enforcement Officer an affidavit from the registered architect or licensed professional engineer whose seal and signature appears on the approved plans. The affidavit shall state that the deponent has inspected the building or structure and that the building or structure has been constructed in substantial conformance with the approved plans and the Uniform Code.
(2) 
Exception: construction of one- and two-family dwellings, their accessory structures, and agricultural structures.
G. 
Firesafety certificate. The Code Enforcement Officer may issue renewable firesafety certificates for properties found to be in substantial compliance with the Fire Prevention Code, upon completion of firesafety/property maintenance inspections.
[Added 8-26-2015 by L.L. No. 4-2015]
H. 
Certificates for re-roofing. Certificates of compliance for re-roofing shall be issued only upon written certification/verification, by the building contractor or an approved independent inspector, that the work has been completed in compliance with the requirements of the Uniform Code. The certification/verification shall be made on approved forms.
[Added 8-26-2015 by L.L. No. 4-2015]
I. 
Water wells. As applicable, certificates of compliance shall be issued only upon submission of: i) a completed NYSDEC water well completion report; and ii) a well water test report from a NYSDOH-approved laboratory indicating that the well water meets NYS standards for a potable water supply.
[Added 8-26-2015 by L.L. No. 4-2015]
J. 
Solid fuel-burning appliances. Certificates of compliance for solid fuel appliances shall be issued only after submission of appropriate inspection reports per § 67-16.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Construction inspections. Work for which a building permit has been issued under this chapter shall remain accessible and exposed for inspection by the Code Enforcement Officer. It shall be the duty of the permit holder to notify the Code Enforcement Officer when construction work is ready for inspection. The Code Enforcement Officer may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Code Enforcement Officer. No work shall be enclosed or covered unless authorized by the Code Enforcement Officer.
(1) 
Construction inspections shall be made of the following elements:
(a) 
Work site prior to issuance of a permit.
(b) 
Footing and foundation.
(c) 
Preparation for concrete slab.
(d) 
Framing.
(e) 
Building systems, including underground and rough-in.
(f) 
Fire-resistant construction.
(g) 
Fire-resistant penetrations.
(h) 
Solid fuel-burning appliances, chimneys, flues and gas vents.
(i) 
Energy Code compliance.
(j) 
Final inspection of all authorized work upon completion.
(2) 
Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the Code Enforcement Officer shall have the authority to require that such work be exposed for inspection.
(3) 
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the Uniform Code or of this chapter. Inspections presuming to give authority to violate or cancel the provisions of the Uniform Code or this chapter shall not be valid.
(4) 
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Code Enforcement Officer nor the Village of Clyde shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(5) 
It shall be the duty of the person requesting any inspections required either by this chapter or the Uniform Code to provide access to and means for inspection of the work.
(6) 
A survey of the lot may be required by the Code Enforcement Officer to verify that the structure is located in accordance with the approved plans.
B. 
Firesafety and property maintenance inspections.
(1) 
Firesafety and property maintenance inspections of buildings that contain a Group A Assembly occupancy, as defined by the Uniform Code, shall be conducted annually.
(2) 
Firesafety and property maintenance inspections of Group R-2 dormitories, as defined by the Uniform Code, shall be conducted annually.
(3) 
Firesafety and property maintenance inspections of Group R-1 and R-2 multiple dwellings shall be conducted annually.
(4) 
Firesafety and property maintenance inspections of R-3 two-family dwellings shall be conducted every three years.
(5) 
R-3 bed-and-breakfasts, R-3 one-family rental properties and R-4 occupancies, as defined by the Uniform Code, shall be conducted every three years.
(6) 
Firesafety and property maintenance inspections of nonresidential occupancies shall be conducted every three years.
(a) 
Exception. There shall be no regular firesafety and property maintenance inspections required for Group U buildings used as agricultural buildings, as defined in the Uniform Code.
(7) 
Notwithstanding any provision of this chapter to the contrary, there shall be no regular firesafety and property maintenance inspections required for owner-occupied one-family (Group R-3 occupancy) dwellings, except for R-3 bed-and-breakfasts.
C. 
Right of entry. When necessary to make an inspection to enforce any of the provisions of this chapter and the Uniform Code, or when the Code Enforcement Officer has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of the Uniform Code which makes the building or premises unsafe, dangerous or hazardous, the Code Enforcement Officer may enter the building or premises at all reasonable times to inspect or perform his or her duties, subject to constitutional limitations.
(1) 
Except in cases of jurisdiction by another agency, the Code Enforcement Officer shall be further authorized to enter and examine any marine vessel, vehicle, train, or aircraft for purposes of enforcement of the Uniform Code.
(2) 
Should entry be refused, the Code Enforcement officer shall have recourse to the remedies provided by law to secure entry, including application to any court of competent jurisdiction for an administrative search warrant.
D. 
Inspection fees. Inspection fees are established as follows and shall be in addition to all other required fees:
(1) 
Inspection fees shall be as established in Chapter 190, Zoning.
(2) 
Inspection fees that are unpaid after 45 days shall be billed and collected in the manner described in § 67-13G(1).
A. 
Notification regarding fire or explosion. The Fire Chief of any fire department providing fire-fighting services for a property in the Village of Clyde shall notify the Code Enforcement Officer of any fire or explosion involving structural damage, fuel-burning appliance, chimney or gas vent.
(1) 
If a fire should occur in any chimney, smokestack, flue, gas vent, smoke pipe or connector, then that item shall be inspected for damage by the Code Enforcement Officer before any further use. The Code Enforcement Officer may require inspection, cleaning, maintenance or repair by licensed building contractor.
[Added 8-26-2015 by L.L. No. 4-2015]
(2) 
In the event of an accidental fire requiring the services of the Fire Department, in a solid fuel-burning heating appliance, chimney or flue, the Fire Chief is authorized to issue a thirty-day temporary certificate indicating substantial conformity with the Uniform Code, until such time as the Code Enforcement Officer shall cause an inspection to be made and a certificate to be issued indicating conformity of such solid fuel-burning heating appliance, chimney or flue with the Uniform Code. The issuance of such certificate of compliance shall not be deemed to give rise to any claim or cause of action for damages against the Fire Chief or Code Enforcement Officer for damages resulting from operation or use of such solid fuel-burning heating appliance, chimney or flue.
[Added 8-26-2015 by L.L. No. 4-2015]
B. 
Notification regarding hazardous materials. The Code Enforcement Officer shall be notified of any unauthorized release of any quantity of hazardous materials that is reportable under state or federal regulations.
C. 
Notification regarding other fires. The Code Enforcement Officer shall be notified of any: i) electrical fire; ii) any wildfire larger than 0.25 acre; iii) vehicle fire occurring inside a building; iv) vehicle fire or wildfire that damages a building; v) vehicle fire involving hazardous materials as cargo; vi) fire involving an appliance; vii) rekindle of any fire otherwise required to be reported (i.e., structure fire).
[Added 8-26-2015 by L.L. No. 4-2015]
D. 
Notification of motor vehicle accident. The Code Enforcement Officer shall be notified of any motor vehicle accident involving a building or structure, gas piping, fuel dispenser, or similar hazardous condition.
[Added 8-26-2015 by L.L. No. 4-2015]
E. 
Notification of building collapse. The Code Enforcement Officer shall be notified of any building collapse, structural failure or similar hazardous condition.
[Added 8-26-2015 by L.L. No. 4-2015]
F. 
Notification of carbon monoxide incidents. The Code Enforcement Officer shall be notified of any carbon monoxide (CO) incident where there are CO readings greater than nine parts per million (9 ppm).
[Added 8-26-2015 by L.L. No. 4-2015]
G. 
Notification of flooding. The Code Enforcement Officer shall be notified of any electrical system or HVAC system that has been exposed to water due to flooding, roof leak, plumbing leak, firefighting or other cause.
[Added 8-26-2015 by L.L. No. 4-2015]
H. 
Impairments. The Code Enforcement Officer and Fire Department shall be notified of any impairment of a fire protection system.
[Added 8-26-2015 by L.L. No. 4-2015]
I. 
Explosive materials. The Code Enforcement Officer, Fire Department and other emergency response agencies shall be notified of the location of all magazines and of any changes in location.
[Added 8-26-2015 by L.L. No. 4-2015]
J. 
Hazardous materials.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The management or owner of any building or facility where the amounts of hazardous materials exceed those on Table 67-6 shall annually report the quantity and locations of those hazardous materials to the Fire Chief and Code Enforcement Officer.
(2) 
Legible, clearly visible warning signs and/or placards shall be posted at all entrances to locations where hazardous materials are stored, processed or used, when in amounts equivalent to the reporting quantities indicated in Table 67-6. Such warning signs shall be conspicuously lettered in accordance with the Standard System for the Identification of Hazards of Materials for Emergency Response (NFPA 704 Labeling System).
(3) 
The management or owner of any building or facility where any hazardous material has been spilled or released shall immediately notify the Fire Department and Code Enforcement Officer.
(a) 
Exception 1: The Fire Department and Code Enforcement Officer are not required to be notified where there is both an on-site hazardous materials response team and fire brigade.
(b) 
Exception 2: The Fire Department and Code Enforcement Officer are not required to be notified of incidental spills.
(4) 
The Code Enforcement Officer shall be notified of the presence or discovery of any abandoned hazardous waste.
(5) 
The Code Enforcement Officer shall be notified of the presence or discovery of any abandoned underground storage tank.
(6) 
Handling of releases of flammable and combustible liquids. In the event of a spill, leak or discharge from a tank system, a site assessment shall be completed by the owner or operator of such tank system if the Code Enforcement Office or Fire Department determines that a potential fire or explosion hazard exists. Such site assessments shall be conducted to ascertain potential fire hazards and shall be completed and submitted to the Fire Department and Code Enforcement Officer within a time period established by the Department, not to exceed 60 days.
(7) 
Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge of hazardous materials shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Code Enforcement Officer or Fire Chief, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.
K. 
Lead poisoning. The Code Enforcement Officer shall be notified of any case of lead poisoning.
[Added 8-26-2015 by L.L. No. 4-2015]
L. 
Flammable gas emergency. The Code Enforcement Officer shall be notified of any case of release of flammable gas within flammable limits inside a building, or involving a bulk tank or pipeline.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Outdoor fires, including bonfires and rubbish fires, shall not be permitted unless legally authorized by New York State Department of Environmental Conservation laws and regulations governing such fires. [Note: NYS DEC Regulations (Part 215) prohibit open burning for disposal purposes within Village limits.]
B. 
The Fire Department and Code Enforcement Officer shall be notified whenever outdoor burning is being conducted. Notification shall include such information as time and location.
C. 
Chimineas, fire pits, outdoor fireplaces and other similar outdoor solid-fuel-burning devices shall not be operated or stored on a balcony or deck of any structure or within 15 feet of combustible construction or a residential occupancy. Open burning outside of approved containers shall be located at least 50 feet from structures or as otherwise required by the Uniform Code.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Exception: An outdoor fireplace may be attached to a structure, if providing a minimum three-foot clearance above the roofline and two feet above all structures within 10 feet of the fireplace chimney, and complying with all zoning setback requirements of the main structure.
D. 
The Code Enforcement Officer or Fire Chief is authorized to order the extinguishment by the property owner, another person responsible or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation, open burning of any materials that are prohibited under state or local regulations, or open burning for which a required permit has not been obtained.
[Added 8-26-2015 by L.L. No. 4-2015]
E. 
Within fire limits, open burning shall be restricted as provided in § 67-0J.
[Added 8-26-2015 by L.L. No. 4-2015]
F. 
Prescribed burns. No person shall ignite a prescribed burn without first: i) receiving written authorization from the New York State Department of Environmental Conservation (if required); and ii) obtaining an open burning permit from the Code Enforcement Officer.
[Added 8-26-2015 by L.L. No. 4-2015]
G. 
Live fire training. Fire training, including firefighting, fire rescue, and fire/arson investigation training, shall be performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a thirty-foot radius (whichever is larger) may be burned in a training exercise. Live fire training should conform to NFPA 1403 (Standard on Live Fire Training Evolutions). Preparations for live fire training in acquired structures shall include but not be limited to:
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Inspection of the building and premises by the Fire Chief and Code Enforcement Officer for the purpose of identifying hazards to firefighters and unsafe conditions.
(2) 
Proof of insurance cancellation or a signed statement of nonexistence of insurance shall be provided by the owner of the structure.
(3) 
Flammable and hazardous materials shall be removed from the structure.
(4) 
Hydrocarbon fuel tanks and similar closed vessels shall be empty, and shall be either removed or vented sufficiently to prevent an explosion or overpressure rupture.
(5) 
Bracket chimneys and dangerous portions of any chimney shall be removed.
(6) 
Utilities shall be disconnected.
(7) 
Noxious weeds that could present a hazard shall be removed.
(8) 
Demolition and/or open burning permits shall be issued.
H. 
Disposal of explosives or contraband by open burning. The emergency disposal by burning of explosives or contraband, by the Fire Department or law enforcement agencies, shall be allowed by open burning permit, provided the location and/or precautions taken are such that the public health, safety and welfare are not endangered.
[Added 8-26-2015 by L.L. No. 4-2015]
I. 
Approved containers. Campfires shall be within approved containers such as: fire rings, outdoor fireplaces, commercially manufactured units for open-flame-type burning, fire pits at least 18 inches deep with stones or fire brick lining the perimeter, or metal container with a wire mesh screen. Where open burning is not within an approved container, all combustible vegetation and materials shall be removed from an area three feet around the burn pile.
[Added 8-26-2015 by L.L. No. 4-2015]
J. 
Open burning on the public right-of-way, public streets, and in roadside ditches shall be prohibited unless specifically authorized by open burning permit.
[Added 8-26-2015 by L.L. No. 4-2015]
K. 
Open burning shall be constantly attended by a responsible person until extinguished.
[Added 8-26-2015 by L.L. No. 4-2015]
L. 
A minimum of one portable fire extinguisher with a rating of 4-A or other approved on-site fire extinguishing equipment such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization whenever outdoor burning is being conducted.
[Added 8-26-2015 by L.L. No. 4-2015]
M. 
Noxious plants and burn piles that may contain poison ivy, poison oak, poison sumac or giant hogweed shall not be burned.
[Added 8-26-2015 by L.L. No. 4-2015]
N. 
At no time shall flammable or combustible liquids be used to ignite recreational fires or bonfires.
[Added 8-26-2015 by L.L. No. 4-2015]
O. 
Open burning shall be prohibited during "red flag" or other fire weather warnings, or whenever the fire danger rating assigned to the jurisdiction by the New York State Department of Environmental Conservation is "extreme," or whenever a ban on open burning may be issued by the State of New York or County of Wayne. Open burning permits shall be invalid during times that open burning is restricted.
[Added 8-26-2015 by L.L. No. 4-2015]
P. 
Open burning shall be prohibited when the wind exceeds or is expected to exceed 10 miles per hour.
[Added 8-26-2015 by L.L. No. 4-2015]
Q. 
Residential burn piles shall be limited to 15 feet in any dimension. Agricultural burn piles shall be limited to 30 feet in any dimension.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Exception: Agricultural windrows (oblong piles) shall be permitted to be 30 feet wide and 150 feet long, if located within 150 feet of a fire apparatus access road, or where heavy equipment (such as a bulldozer or excavator) is continuously maintained on site to control open burning, and where firebreaks are created and maintained around the windrow.
R. 
Burn piles shall not contain prohibited materials, including but not limited to tires, plastic, garbage, hazardous materials, or construction and demolition debris.
[Added 8-26-2015 by L.L. No. 4-2015]
S. 
The burning of leaves shall be prohibited, except where specifically permitted by other regulation.
[Added 8-26-2015 by L.L. No. 4-2015]
T. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
[Added 8-26-2015 by L.L. No. 4-2015]
ATTENDED
Maintaining full and uninterrupted visual contact with the burn site, and remaining within 100 feet of the site at all times.
BURN PILE
Any hand- and/or machine-constructed piles of materials (e.g., firewood, brush, rubbish, garbage, etc.) intended for burning. Evidence of the intent to burn may include the presence of ashes or previously burned materials; materials deposited in a barbecue pit, outdoor fireplace, burn barrel, or similar location; or a pile of any combination of combustible materials such as, but not limited to, slash, rubbish, garbage, or construction and demolition debris that is not contained in a dumpster or obviously intended for removal from the premises (i.e., located in a back yard).
CHIMINEA
A freestanding front-loading fireplace or oven with a bulbous body and usually a vertical smoke vent or chimney.
COOKING DEVICE
A noncombustible, listed device designed for cooking food or meat. A listed cooking device shall be fueled by either natural gas, liquefied petroleum gas (LP gas), flammable gel cooking fuel (i.e. Sterno® type fuel), or commercial charcoal or briquettes.
FIRE PIT
Either a pit dug into the ground, or a fabricated device having legs and a bottom, designed to entirely contain an open fire instead of just keeping it in one place. See also "fire ring," "chiminea," and "outdoor fireplace."
FIRE RING
A construction or device designed to contain a fire that is built directly upon the ground, such as a campfire. Fire rings have no bottom, and are simply circles made of forged metal, stones, concrete, etc., which surround and contain a fire.
OPEN FIRE (OPEN BURNING, OUTDOOR FIRE)
The burning of materials wherein the products of combustion are emitted directly to the air without passing through a stack or chimney. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, or recreational fires.
OUTDOOR FIREPLACE
A device for building fires outdoors, similar in construction to an indoor fireplace. An outdoor fireplace is often of metal and/or masonry construction, consisting of a firebox and a chimney.
RECREATIONAL FIRE (CAMPFIRE)
An outdoor fire burning materials other than rubbish or garbage, where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
A. 
The Code Enforcement Officer or his or her authorized representative shall have the authority to disconnect a utility service or energy supplied to a building, structure, or building service equipment regulated by the Uniform Code in case of emergency where necessary to eliminate an immediate hazard to life or property.
B. 
The Code Enforcement Officer shall, whenever practicable, notify the serving utility, the owner and occupant of the building, structure, or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or service equipment, in writing, of such disconnection immediately thereafter.
C. 
For purposes of this section, the term "building service equipment" shall mean the plumbing, mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.
A. 
Duty of Code Enforcement Officer. The Code Enforcement Officer shall make inspections of all unsafe or dangerous buildings within the Village of Clyde and report to the Village Board all unsafe or dangerous buildings which from time to time may be found within the limits of the Village of Clyde.
B. 
Commencement of proceedings. When the Code Enforcement Officer has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building as defined in this chapter, the Code Enforcement Officer shall commence proceedings to cause the repair or demolition of the building.
C. 
Notice and order. The Code Enforcement Officer shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(1) 
The street address and legal description sufficient for identification of the premises upon which the building is located.
(2) 
A statement that the Code Enforcement Officer has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter.
(3) 
A statement of the action required to be taken as determined by the Code Enforcement Officer.
D. 
Service of notice and order. The notice and order shall be served as specified in § 67-23C.
E. 
Repair or demolition. Upon service of the notice and order to repair, vacate or demolish a building, the owner thereof shall, at his or her option, repair or demolish said building.
(1) 
All required permits for repair or demolition shall be secured therefor, and the work physically commenced within 60 days from the date of the notice and order. The work shall be completed within such time as the Code Enforcement Officer shall determine is reasonable under all of the circumstances.
(2) 
An order by the Code Enforcement Officer, requiring the repair or demolition of a building, may be appealed to the Zoning Board of Appeals as provided for in this chapter. If the order relates to condemnation of a structure under the provisions of the Uniform Code, said appeal shall be made to the Regional Board of Review.
F. 
Emergency work. In case there shall be, in the opinion of the Code Enforcement Officer, actual or immediate danger of the falling of a building so as to endanger public safety, life or property or actual or immediate menace to health or public welfare as a result of the conditions present in or about the building, he or she shall cause the necessary work to be done to render such building temporarily safe, whether the procedure prescribed in this chapter for dangerous buildings has been instituted or not.
(1) 
When emergency work is to be performed under this section, the Code Enforcement Officer shall cause the owner thereof to be served personally or by certified mail, return receipt requested, and, if served by certified mail, shall post on the premises a notice to comply containing a description of the premises, a statement of the facts in which the building is unsafe or dangerous and orders and directions to correct the conditions which constitute an emergency within a specified period of time not to exceed three days from actual or constructive receipt of the notice.
(2) 
In the event that the emergency does not permit any delay in correction, the notice shall state the Village of Clyde has corrected the emergency condition.
(3) 
In both cases, the notice shall state that the corrective costs of the emergency will be assessed against the owner pursuant to the provisions of this chapter.
(4) 
The Code Enforcement Officer is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of a dangerous or unsafe building so as to prevent accidents.
G. 
Noncompliance with order. In the event of neglect or refusal of the person(s) so notified to comply with an order by the Code Enforcement Officer to repair or demolish, the Village Board shall provide for the demolition and removal of such building either by Village employees or by contract.
(1) 
All costs of said work, including legal fees, plus an administrative fee of $50, shall be billed to the owner of the building. If not paid within 45 days, said bill shall be assessed upon the real property at which the work occurred, and shall constitute a lien and charge upon the real property on which it was levied, until paid or otherwise satisfied or discharged, and shall be collected by the Village Clerk in the manner provided by law for the collection of real property taxes.
H. 
Evacuation. The Code Enforcement Officer shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the Code Enforcement Officer.
I. 
Condemnation pursuant to Uniform Code. Nothing contained in this chapter shall prohibit or restrain the Code Enforcement Officer from condemning and ordering vacated any building or structure under the provisions of the Uniform Code.
J. 
Vacant structures. A vacant structure which is not secured against unauthorized entry as required by the Uniform Code shall be deemed unsafe.
(1) 
The Code Enforcement Officer is authorized, after failure by the owner to comply with a written order to secure a vacant structure, to cause such structure to be locked, boarded, or otherwise secured by Village employees or private contractors. The costs of such work, plus an administrative fee of $50, shall be billed to the owner of real property and collected as provided for in § 67-13G(1).
K. 
Salvage materials. When any structure has been ordered demolished and removed, the Village Board of Trustees or other designated officer under said contract or arrangement shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expense of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such surplus does not remain to be turned over, the report shall so state.
[Added 8-26-2015 by L.L. No. 4-2015]
L. 
Lien on fire insurance proceeds.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Adoption of statutory procedures. The Village of Clyde elects to adopt the procedure established by General Municipal Law § 22, which authorizes and empowers a claim by the Village against the proceeds of a policy of fire insurance insuring the interest of an owner and issued on property located in the Village of Clyde to the extent of any lien by the Village thereon.
(2) 
Release of proceeds. Upon the written agreement of an insured to restore the premises to the same or improved condition that it was in prior to the time that the lien of the Village of Clyde arose against the proceeds of insurance, the Village Board may by resolution release or return to the insured any amounts which the Village would be entitled to claim under the provisions of § 22 of the General Municipal Law subject to such conditions as the resolution may provide to the obligation of the insured to restore the affected premises. The proceeds shall be held in escrow pending completion of the renovations.
M. 
Vacant building registration. The owner shall register with the Code Enforcement Office not later than 30 days after any building located in the Village of Clyde becomes a vacant building as defined in this chapter, or not later than 30 days of being notified by the Department of Fire Prevention and Building Safety of the requirement to register. The department may identify vacant buildings through its routine inspection process as well as through notification by residents and referrals from officials that a building may be eligible for inclusion on the registry.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The registration shall be submitted on forms approved by the Code Enforcement Officer and shall include the following information supplied by the owner:
(a) 
A description of the premises.
(b) 
The names and addresses of the owner or owners.
(c) 
If the owner does not reside in Wayne County or an adjoining county, the name and address of any third party who the owner has entered into a contract or agreement with for property management.
(d) 
The names and addresses of all known lienholders and all other parties with an ownership interest in the building.
(e) 
A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.
(f) 
A vacant building plan as described in Subsection M(2).
(2) 
Vacant building plan. The owner shall submit a vacant building plan which must meet the approval of the Code Enforcement Officer. The plan, at a minimum, must contain information from one of the following three choices for the property:
(a) 
If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition;
(b) 
If the building is to remain vacant, a plan for securing of the building in accordance with the Uniform Code, if applicable, along with the procedure that will be used to maintain the property in accordance with the Uniform Code, and a statement of the reasons why the building will be left vacant; or
(c) 
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days, unless the Code Enforcement Officer grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with the Uniform Code and any applicable zoning, housing or historic preservation codes and must be secured during the rehabilitation.
(3) 
The Code Enforcement Officer shall provide the owner with information outlining the requirement of the Uniform Code regarding vacant buildings.
(4) 
The owner shall notify the Code Enforcement Officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and meet the approval of the Code Enforcement Officer.
(5) 
The owner of any vacant building shall remove all combustible waste and refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors and other openings in the building to prevent entry by unauthorized persons. Except as otherwise approved by the Code Enforcement Officer, all openings in the basement, first floor doors and windows and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood two-by-four braces, carriage bolt sets and nails in accordance with the U.S. Fire Administration National Arson Prevention Initiative Board Up Procedures. A "no trespassing" sign shall be posted at the completion of the board-up.
(6) 
The new owners shall register or re-register the vacant building with the Department of Fire Prevention and Building Safety within 30 days of any transfer of an ownership interest in a vacant building. The new owners shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Code Enforcement Officer.
(7) 
Vacant building fees.
(a) 
The owner of a vacant building shall pay an annual fee of $200 for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building registration form and for the costs of the Village in monitoring the vacant building site.
(b) 
The first annual fee shall be paid at the time of initial registration, or registration by a new owner. If a plan is extended beyond 365 days, subsequent annual fees shall be due on the anniversary date.
(8) 
The Code Enforcement Officer shall inspect the interior of all registered vacant buildings to determine the general condition of said buildings, identify potential hazards to firefighters, and the presence of flammables, combustible waste or hazardous materials. Any vacant or abandoned building or structure determined to be unsafe relating to structural or interior hazards shall be placarded in an approved manner.
(9) 
The Code Enforcement Officer should notify the Fire Chief of any building with unsafe conditions. This information should be provided to the Wayne County Fire Control Center to be included in the Wayne County 911 computer dispatch system database. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to the Uniform Code or this chapter relating to structural or interior hazards shall be marked as such in accordance with generally accepted standards.
(10) 
Once every six months, the Code Enforcement Officer shall send to the Village Board, Fire Prevention Bureau, Fire Department and Police Department a list of all buildings in the Village declared vacant under the provisions of this section.
(11) 
For purposes of this chapter, the term "vacant building" shall mean any "dangerous building" as defined herein, or any building which is unoccupied for a period of time over 60 days.
N. 
Unsafe swimming pools, hot tubs, spas, and circulation systems.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Any swimming pool, hot tub, spa or circulation system regulated by the Uniform Code that is unsafe or that constitutes a fire or health hazard, unsanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a swimming pool, hot tub, spa or circulation system regulated by the Uniform Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe swimming pool, hot tub, spa or circulation system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. The term "circulation system" shall mean the mechanical components that are part of a recirculation system on a pool or spa. Circulation equipment may be, but is not limited to, categories of pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices. The components have separate functions, but when connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear and sanitary condition.
(2) 
Authority to disconnect service utilities. The Code Enforcement Officer shall have the authority to authorize disconnection of utility service to any swimming pool, hot tub, spa or circulating system regulated by the Uniform Code in case of an emergency, where necessary to eliminate an immediate danger to life or property.
O. 
Fire rated construction. Where any fire barriers, fire compartments or fire walls are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed, remodeled or altered, such component(s) or portion thereof shall be deemed an unsafe condition. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed, remodeled, altered, or the Uniform Code, as deemed appropriate by the Code Enforcement Officer. Where the extent of the conditions of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the building shall be deemed a dangerous building.
[Added 8-26-2015 by L.L. No. 4-2015]
P. 
Clandestine laboratory/grow operations.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Whenever any portion of a building or structure has been used as part of a clandestine laboratory/grow operation as in the making, manufacturing or "cooking" of methamphetamine or any other controlled substance as defined within the NYS Penal Law, as determined by the Clyde Police Department, other law enforcement agency and/or peace officer having jurisdiction, the building(s) or structure(s) shall be deemed a nuisance and an imminent danger to public health and safety per this chapter and/or the Uniform Code. Any dangerous building shall be placarded, vacated, and remain vacant and unsafe until the following conditions are met:
(a) 
Any owner or landlord that has a building or structure meeting the above criteria shall provide certification, at the owner or landlord's expense, from an American Board of Industrial Hygiene (ABIH) certified industrial hygienist that the known hazardous substance associated with a clandestine laboratory/grow operation process (including but not limited to chemicals, chemical residues, mold, fungus, and/or other toxins) has been reduced or eliminated to the point that it is again safe to occupy the structure prior to the issuance of a new certificate of occupancy.
(b) 
The amount of methamphetamine residue (for purposes of this subsection, methamphetamine residue includes chemicals used in the making of the drug known as "meth") present in the building or structure shall be no more than 0.1 micrograrm per 100 square centimeters or less prior to the issuance of a new certificate of occupancy.
(c) 
Inspection and testing shall be done in each room of a single dwelling unit and shall include basement, attic areas, attached garage and heat and cooling duct systems.
(d) 
Inspection and testing of structures other than dwelling units and exterior property areas shall be determined case by case based on the locations of hazardous substance storage, use, or disposal.
(e) 
Test sampling shall be performed in accordance with the most current edition of EPA standard operating procedures.
(f) 
Cleanup and disposal of properties, items, materials, or chemicals shall be done in compliance with all applicable state and federal standards and procedures, including personnel safety procedures.
(2) 
Any time a garage that is attached to and/or shares a common access point to the living quarters is used for a clandestine laboratory/grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within NYS Penal Law, the garage and living quarters will be deemed abandoned and unsafe until such time as the requirements of Subsection P(1) above are met.
(3) 
Any time a rooming unit is used for a clandestine laboratory/grow operation the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within NYS Penal Law, that room will be considered abandoned and unsafe and will not be allowed to be occupied until such time as the requirements of Subsection P(1) above are met.
(4) 
Any time a clandestine laboratory/grow operation is found in a multiunit building or structure including a motel/hotel, inspection and testing shall take place in the adjacent unit(s) surrounding the dangerous building that share a common wall or floor/ceiling. Additionally, testing will take place in any/all unit(s) sharing a common heating or cooling system with the dangerous building. Testing shall be completed within 60 days of the posting of the original dangerous building.
(5) 
Inspection and testing of adjacent units will be confined to rooms sharing the common wall or floor/ceiling unless test results show the presence of a hazardous substance. Inspection and testing will continue to expand to adjacent rooms, buildings, or structures until such time that adjacent building(s) and structure(s) are in compliance with Subsection P(1) above.
(6) 
If the inspection and test results indicate that any adjacent unit meets the definition of a "dangerous building," it too shall be placarded against occupancy until it can be brought into compliance.
The Code Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Fire Chief, and other departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
Fire Prevention Bureau. A Fire Prevention Bureau is hereby created to serve as a liaison between the Code Enforcement Office and the Fire Department.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The Code Enforcement Officer and the Fire Chief of each fire district serving the jurisdiction shall serve as members of the Fire Prevention Bureau, and shall be authorized to use the title "Fire Marshal." The 1st Assistant/Deputy Fire Chiefs of each fire district, and any Assistant/Deputy Code Enforcement Officers shall also serve as members of the Fire Prevention Bureau, and shall be authorized to use the title "Deputy Fire Marshal."
(2) 
Each fire district may also appoint up to four active volunteer firefighters in good standing to serve as Fire Prevention Officers as may be necessary to conduct preincident planning inspections, fire prevention education, fire watch duties, or assist the Code Enforcement Officer or Fire Chief in the enforcement of the Fire Prevention Code and Multiple Residence Law as necessary.
(3) 
The members appointed to the Fire Prevention Bureau, other than the Code Enforcement Officer, Assistant/Deputy Code Enforcement Officer(s), Fire Chief(s) and 1st Assistant/Deputy Fire Chiefs, shall hold office for two years.
(4) 
The members of the Fire Prevention Bureau shall study the protection of life and property from the hazards of fire and explosion in the fire district(s), and recommend and advise the Village Board with regard to possible improvements thereto. The members of the Fire Prevention Bureau shall recommend and advise the Village Board regarding possible improvements in the administration and enforcement of the provisions of this chapter and the Uniform Code.
(5) 
The Fire Prevention Bureau shall cooperate fully with the Code Enforcement Office, the Planning Board, the Zoning Board and other agencies in achieving the ultimate safety to life and property from the hazards of fire and explosion for the Village of Clyde.
(6) 
The Fire Prevention Bureau should conduct regular monthly meetings and the Code Enforcement Officer shall act as the Chairperson. A Secretary shall be appointed by the Fire Prevention Bureau from among its members, at the first meeting each year. The Secretary shall keep records and the minutes of each meeting. The agenda for each meeting shall be the responsibility of the Chairperson. The Chairperson may call special meetings as necessary, or upon the request of three members of the Bureau. An annual report of the activity of the Bureau shall be provided to the Village Board. Members of the Village Board shall be invited to sit in on any meetings of the Fire Prevention Bureau. The Fire Prevention Bureau may hold meetings, conduct business and maintain records in both the offices of the Code Enforcement Officer and one or more fire stations as necessary.
(7) 
The Fire Prevention Bureau shall be available for meetings with the Code Enforcement Officer, Zoning Board, Planning Board and the Highway Department, for the purpose of reviewing plans and specifications of site locations, new roads, public and private, new construction and alterations to existing structures, and applications for operating permits in order to insure compliance with the provisions of this chapter and the Uniform Code; and to make constructive recommendations where necessary and appropriate.
(8) 
The Fire Prevention Bureau shall have the power to propose regulations covering any and all special conditions involving the safety of all buildings and structures, which regulations shall be presented to the Code Enforcement Officer and/or Village Board for adoption or other appropriate action, and said Bureau shall have such powers and perform such other duties as are set forth herein and as may be conferred upon it from time to time by local law.
(9) 
The Fire Prevention Bureau shall be authorized to conduct fire patrols during special events and other times when there is an increased threat or risk of fire (i.e., threat of arson, during a state of emergency, or during fire weather warnings).
(10) 
The Fire Prevention Bureau shall be responsible for coordinating public events and activities during Fire Prevention Week (observed during the week, from Sunday to Saturday, in which October 9 falls), and Building Safety Month (observed during the month of May).
(11) 
Fire investigations. Fire Marshals shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Personnel engaged in fire investigation duties should meet the requirements of NFPA 1033 (Standard for Professional Qualifications for Fire Investigator).
(12) 
Public education. The Fire Marshals shall have the authority to plan, develop and implement public education programs on topics related to fire and life safety, building construction and land use. Personnel engaged in public education duties should meet the requirements of NFPA 1035 (Standard for Professional Qualifications for Public Fire and Life Safety Educator).
B. 
Construction and firesafety inspections made in accordance with § 67-9 shall be the overall responsibility of the Code Enforcement Officer. In addition to or concurrent with such inspections:
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The Fire Chief may inspect any public building and, with consent of the owner, any privately owned building for fire hazards. (See § 10-1022 of Village Law.)
(2) 
The Fire Chief may inspect buildings and properties subject to the Multiple Residence Law to determine whether fire protection and safety provisions are being complied with. (See § 303 of the Multiple Residence Law.)
(3) 
The Fire Chief may inspect any public or private school. (See § 807-a of the Education Law.)
(4) 
The Fire Marshals, Deputy Fire Marshals and/or Fire Prevention Officers may conduct preincident planning inspections.
(5) 
A Fire Chief, Fire Marshal, Deputy Fire Marshal and/or Fire Prevention Officer may conduct other inspections as specified in this chapter.
C. 
The Code Enforcement Officer shall consult with the Fire Department on all matters relative to the enforcement of this chapter to ensure that the needs of the Fire Department are met in providing fire protection.
[Added 8-26-2015 by L.L. No. 4-2015]
D. 
Any member or employee of the Fire Department may make a report, in writing, to the Code Enforcement Officer of any buildings or structures which are, may be, or are suspected to be unsafe buildings within the terms of this chapter.
[Added 8-26-2015 by L.L. No. 4-2015]
E. 
Decisions of the Code Enforcement Officer are deemed to be made in the best interest, and with the concurrence of, an affected fire district, in the absence of any credible evidence to the contrary. A final determination of any dispute relating to an aforementioned code enforcement decision shall be made in accordance with the provisions of the Uniform Code.
[Added 8-26-2015 by L.L. No. 4-2015]
F. 
The Code Enforcement Officer shall be an ex officio member of the Village Planning Board and Village Zoning Board, and shall act as Secretary to said boards but shall have no vote upon any matter before the board(s). As Secretary, the Code Enforcement Officer shall keep minutes of the Board meetings for public record and conduct all correspondence, including the notification of decisions. The Code Enforcement Officer shall prepare and submit the minutes of Board meetings to the Chairperson and the Board.
[Added 8-26-2015 by L.L. No. 4-2015]
G. 
The Fire Department shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the Code Enforcement Officer.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
The Code Enforcement Officer shall be responsible for overall approval of all electrical work authorized by a building permit.
B. 
The Code Enforcement Officer may, to the extent he or she deems appropriate, rely on inspections made by third party electrical inspectors to assist in making any determination that new or existing electrical work conforms to the requirements of the Uniform Code.
(1) 
Each electrical inspector providing inspection services in the Village of Clyde shall be approved by the Code Enforcement Officer, and shall possess an appropriate level of training, education, experience and certification so as to be able to competently perform his or her duties.
(2) 
The Code Enforcement Officer may, at any time deemed appropriate by him or her, require an inspection by an approved electrical inspector. The property owner shall be responsible for any and all costs associated with said inspection.
(3) 
Each authorized electrical inspector shall, upon discovery of an uncorrected, defective or hazardous electrical installation, report such discovery to the Code Enforcement Officer immediately and in writing.
(4) 
The Village of Clyde shall not be held liable for any real or alleged failure of an authorized electrical inspector to observe or cite any violation or other hazardous or defective condition.
C. 
Electrical inspection for specific occupancies. A letter of approval of electrical inspection issued by an approved electrical inspection agency shall be filed every six years with the Code Enforcement Office for the following facilities: hazardous locations; commercial garages (repair and storage); aircraft hangars; gasoline dispensing and service stations; bulk storage plants; spray application, dipping and coating processes; health care facilities; places of assembly; and theaters, motion picture and television studios, and similar locations. Inspections are required every sixth year after the date of the original inspection, and shall be conducted at the owner's expense. If the owner fails or refuses to have a periodic electrical inspection performed, the Village shall have the inspection done and the owner shall be billed accordingly. Unpaid fees shall be collected as provided for in local law.
[Added 8-26-2015 by L.L. No. 4-2015]
D. 
An electrical inspection on any property may be ordered by written violation notice when deemed necessary by the Code Enforcement Officer. Such electrical inspection shall be performed by an approved electrical inspection agency at the owner's expense, and a report shall be filed with Code Enforcement Officer.
[Added 8-26-2015 by L.L. No. 4-2015]
Whenever required by the Uniform Code, or whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the Uniform Code, the Code Enforcement Officer may require the same to be subjected to tests or inspections in order to furnish proof of such compliance. The property owner shall be responsible for all costs associated with special tests and inspections.
A. 
Inspection of existing chimneys. Existing chimneys, fireplaces and vents shall be inspected in accordance with NFPA 211 (Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances) as follows. Where required by the Code Enforcement Officer, inspections shall be conducted by a licensed and qualified building contractor.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Level I inspections. A Level I inspection (per NFPA 211) shall be conducted under the following circumstances:
(a) 
During routine cleaning of a flue or flues within the chimney.
(b) 
At the time of replacement of one or more connected appliances with an equal number of appliances of similar type, input rating, and efficiency.
(2) 
Level II inspections. A Level II inspection (per NFPA 211) shall be conducted under the following circumstances:
(a) 
Upon addition or removal of one or more connected appliances or upon replacement of an appliance with one or more of dissimilar type, input rating, or efficiency, unless the last connected appliance is removed and chimney use will be discontinued.
(b) 
Prior to relining of a flue or replacement of flue lining.
(c) 
Upon sale or transfer of the property.
(d) 
After a building or chimney fire, weather or seismic event, or other incident likely to have caused damage to the chimney.
(3) 
Level III inspections. A Level III inspection (per NFPA 211) shall be conducted under the following circumstances:
(a) 
Where necessary for the investigation of a building or chimney fire, weather or seismic event, or other incident known to have caused damage to the chimney or building.
(b) 
Where a hazard detected or suspected as the result of a Level I or II inspection cannot be fully evaluated without access to concealed areas.
B. 
Facade inspection of existing buildings. Any unreinforced masonry building two or more stories in height that has a zoning, housing, building, or property maintenance code violation which has been continuously outstanding and not remedied for a period of at least one year from the date the original order or notice was served shall be inspected by a licensed professional engineer or registered architect to determine the structural soundness of foundation walls; exterior walls; parapets; roofs and drainage; decorative features; overhang extensions; stairways, decks, porches and balconies; chimneys and towers; window, skylight and door frames; glazing; doors; basement hatchways; fire escapes; exhaust vents; signs and other appurtenances.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Procedures for conducting the inspection shall be in accordance with ASTM E2270, "Standard Practice for Periodic Inspection of Building Facades for Unsafe Conditions," published by ASTM International.
(2) 
Upon completion of the facade inspection, the inspector shall prepare a report, bearing his/her signature and seal, for the owner and for submission to the Code Enforcement Officer. Deteriorated conditions found by the inspector shall be classified into three categories — "unsafe conditions," "requires repair/stabilization," and "ordinary maintenance." Conditions classified as unsafe shall be brought to the attention of the owner and the Code Enforcement Officer immediately, prior to preparing any written report.
(3) 
The term "unreinforced masonry building" shall mean a type of building where load-bearing walls, non-load-bearing walls or other structures, such as chimneys and parapets, are made of brick, cinderblock, tiles, or other masonry material that is not braced by reinforcing beams.
C. 
Periodic inspection of fire escapes. Fire escape stairs and balconies shall be examined for structural adequacy and safety, by a registered design professional or others acceptable to the Code Enforcement Officer every five years, or as required by the Code Enforcement Officer. An inspection report shall be submitted to the Code Enforcement Officer and Fire Prevention Bureau after such examination.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
The inspection shall determine whether or not the fire escape is an "imminent hazard" based upon key visual indicators. Key visual indicators include missing pieces, deformation of joints due to rust development, loose or absent connections between pieces, or degraded connections to the structure.
(2) 
The construction and maintenance requirements for new and existing fire escapes shall be determined by the Code Enforcement Officer.
A. 
Inspections and reports.
(1) 
The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures or his or her designated representative shall be responsible for making periodic visits to the construction site, at the owner's expense, to inspect the progress and quality of the construction, and to determine in general if the construction is proceeding in accordance with the drawings, specifications and addenda thereto. The design professional shall immediately report any defects or discrepancies to the Code Enforcement Officer.
(2) 
Exception. The construction of one- and two-family dwellings (not including townhouses), their accessory structures, and agricultural structures.
B. 
Limitation on duties. The architect or engineer shall not be required to make exhaustive or continuous on-site inspections to check the construction, except where such continuous inspections may otherwise be required by the Uniform Code.
A. 
Plan review fees.
(1) 
When construction documents are submitted for review by the Code Enforcement Officer, a plan review fee of $25 shall be paid at the time of submitting the construction documents for plan review. The plan review fee specified in this section is separate from the permit fees specified in § 67-19B and are in addition to the permit fees.
(2) 
Exception. There shall be no plan review fee for plan review of agricultural structures, one- or two-family dwellings (not including townhouses), mobile or modular homes, house trailers, or accessory structures associated with residential uses.
B. 
Permit fees. Fees for building permits shall be as set forth in Chapter 190, Zoning, and shall be paid before the permit is issued. Where fees are based upon square footage, the fee shall be calculated by the gross square footage of all floor areas, excluding unfinished basements and unfinished attics.
C. 
Multiple types of work. In a case where a permit is applied for more than one category of work, the permit fee shall be that which is the highest for any one category of work involved, except that separate permits shall be required for each of the following types of work:
(1) 
Solid fuel-burning appliances.
(2) 
Demolition or removal of a structure.
(3) 
Swimming pools, hot tubs and spas.
(4) 
Telecommunication towers.
(5) 
Wind energy conversion systems.
(6) 
Gas or oil well drilling.
(7) 
Signs.
(8) 
Home occupations.
D. 
Amendments. Any amendment to a permit application, or authorized change in approved plans, shall require a five-dollar fee.
E. 
Renewals. All renewals of permits shall incur the same fee as the original approval.
F. 
Unauthorized construction. Where work has commenced before issuance of a building permit, there shall be imposed a surcharge as provided for in chapter 190, Zoning.
G. 
Truss type construction. Prior to issuance of a building permit, the owner of a building of truss type construction shall pay an additional fee of $50 for enforcement of Part 1264 of Title 19 of the New York Code of Rules and Regulations.
Appeals to Regional Board of Review. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances may be made to the Regional Board of Review in accordance with Part 440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the Code Enforcement Officer misconstrued the Uniform Code in approving or disapproving any application or granting or refusing to grant any permit or certificate of code compliance, the person affected may appeal from the decision of the Code Enforcement Officer to the Regional Board of Review in accordance with Part 440 of 19 NYCRR. Appeals from provisions of the Multiple Residence Law, in accordance with § 325 of that law, may also be made to a Regional Board of Review.
A. 
Complaint procedure. Any person alleging a bona fide violation of the Uniform Code or this chapter shall make such complaint in writing, and shall state the location and the conditions or activities which are alleged to be in violation.
B. 
Duty of Code Enforcement Officer. Upon receipt of a written complaint, the Code Enforcement Officer shall promptly investigate or cause to be investigated the matter reported to him or her. If information and time permit, the Code Enforcement Officer should report the outcome of his or her investigation to the reporting party as soon as possible. Anonymous complaints and complaints received by other than written means shall be handled in a manner deemed appropriate by the Code Enforcement Officer in each case.
A. 
Violation of chapter. It shall be a violation of this chapter for any person, firm or corporation to construct, install, alter, repair, replace, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer, or to construct, alter, use or occupy any building, structure or premises in a manner not permitted by an approved building or operating permit or certificate of code compliance.
B. 
Notice of violation. The Code Enforcement Officer shall serve a notice of violation or order in accordance with § 67-23.
C. 
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 67-23 shall be deemed guilty of a violation pursuant to the Penal Law.
D. 
Violation penalties. A violation of this chapter shall be punishable by a fine of not less than $50 and not more than $350 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for conviction of a first offense; a fine of not less than $350 and not more than $700 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for a second offense committed within five years; a fine of not less than $700 and not more than $1,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for a third or subsequent offense committed within five years. Each day that a violation continues after due notice has been served shall be deemed a separate offense. This subsection shall not apply to violations of the provisions of the Uniform Code punishable under § 382(2) of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law of the State of New York.
[Amended 4-20-2016 by L.L. No. 2-2016]
E. 
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Village of Clyde from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop any illegal act, conduct, business or utilization of the building, structure or premises.
F. 
Cutting and destruction of weeds. Pursuant to a violation of the Uniform Code, upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, any duly authorized employee of the Village of Clyde or contractor hired by the Village shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the actual costs of such removal plus an administrative fee of $50 shall be paid by the owner or agent responsible. The billing and collection of said costs shall be as provided for in § 67-13G(1).
G. 
Fire hazards prohibited.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
No person shall knowingly maintain a fire hazard.
(2) 
The term "fire hazard" shall mean any situation, process, material, condition or act which the Code Enforcement Officer, Fire Chief or other qualified inspector, on the basis of applicable data, recognizes as liable to contribute to the start of a fire or that would increase the extent or severity of a fire, or which in the event of fire may obstruct, delay, hinder or interfere with the operations of the Fire Department or the egress of occupants.
H. 
Rules and regulations of the Code Enforcement Officer. Written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter or the Uniform Code shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter as herein provided.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Notice to owner or to person responsible. Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or the Uniform Code, or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person responsible in the manner prescribed in Subsection B. Notices for condemnation procedures shall comply with § 67-13.
B. 
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the violation(s) and why the notice is being issued.
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the building, structure or premises into compliance.
(5) 
Inform the property owner of the right to appeal.
C. 
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally.
(2) 
Sent by certified or first-class mail addressed to the last known address; or
(3) 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure or premises affected by such notice.
D. 
Appearance tickets. The Code Enforcement Officer shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him or her, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or the Uniform Code.
E. 
Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Enforcement Officer shall not be mutilated, destroyed or tampered with or removed without authorization from the Code Enforcement Officer.
F. 
Transfer of ownership.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(2) 
All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any building. If the fees are not paid prior to any transfer, the new owner shall pay the outstanding fees no later than 30 days after the transfer of ownership.
(3) 
It shall be unlawful for the owner of any dwelling unit to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until such owner shall first furnish the grantee, transferee, mortgagee or lessee a signed and notarized firesafety affidavit (in a form approved by the Code Enforcement Officer) stating that the dwelling unit has operable smoke alarms, carbon monoxide alarms, and a fire extinguisher as required by the Uniform Code, and that the chimney of any fireplace or solid fuel-burning appliance has been inspected in accordance with NFPA 211. The firesafety affidavit shall include the results of said chimney inspection, and a copy shall be submitted to the Code Enforcement Officer.
(4) 
Prior to the sale or transfer of any ownership interest in a property, and before the occupancy of any real estate that has been previously occupied, any and all sump pumps on the premises shall be inspected to insure proper connection and that all surface water is properly directed from the sump pump in a manner approved by the Village. The inspection shall be performed by the Code Enforcement Officer or his or her designee. There shall be no fee for the sump pump inspection.
(5) 
Prior to the sale or transfer of any ownership interest in a lot containing an existing sidewalk, the seller of the interest shall provide the buyer with a written sidewalk inspection report prepared by the Village, which report shall include whether the sidewalk is defective and in need of repair or replacement. There shall be no fee for the sidewalk inspection. For purposes of this subsection, the term "defective" shall mean any public sidewalk exhibiting one or more of the following characteristics:
(a) 
Vertical separations equal to one inch or more.
(b) 
Horizontal separations of one inch or more.
(c) 
Holes or depressions or deflections equal to one inch or more and at least four inches in diameter.
(d) 
Spalling over 50% or more of a single square of the sidewalk with one or more depressions equal to one inch or more.
(e) 
A single square of sidewalk cracked in such a manner that no unbroken portion is greater than one square foot.
G. 
Right to hearing; petition. Any person affected by any notice which has been issued in connection with the enforcement of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall receive a hearing on the matter before the Code Enforcement Officer, provided that such person shall file in the Code Enforcement Office a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within five days after the day the notice was served.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Hearing, notification and conduct of hearing.
(a) 
Upon receipt of such petition, the Code Enforcement Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof.
(b) 
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
(c) 
The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Code Enforcement Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his or her judgment the petitioner has submitted a good and sufficient reason for such postponement.
(2) 
Determination after hearing.
(a) 
After such hearing, the Code Enforcement Officer shall sustain, modify, or withdraw the notice, depending on his or her finding as to whether the provisions of this chapter and the rules and regulations adopted thereto have been complied with.
(b) 
If the Code Enforcement Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to the chapter shall automatically become an order if a written petition for a hearing is not filed in the Code Enforcement Office within five days after such notice is served.
(c) 
After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation pursuant thereto, when such notice has been sustained by the Code Enforcement Officer, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the Code Enforcement Office within five days after such notice is served.
(3) 
Proceedings to be summarized and entered as public record. The proceedings at such hearing, including the findings and decision of the Code Enforcement Officer, shall be summarized, reduced to writing and entered as a matter of public record in the Office of the Village Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Code Enforcement Officer may seek relief therefrom as provided in § 67-20 of this chapter.
H. 
Emergency: action thereon.
[Added 8-26-2015 by L.L. No. 4-2015]
(1) 
Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health and/or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
(2) 
Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Code Enforcement Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Code Enforcement Officer shall continue such order in effect, or modify it, or revoke it.
[Amended 8-26-2015 by L.L. No. 4-2015]
Permit authority. Pursuant to Subdivision 1 of § 405.00 of the Penal Law of the State of New York, the Code Enforcement Officer is hereby designated the permit authority to grant and issue permits for the public or private display of fireworks in accordance with the provisions of § 405.00 of the Penal Law.
A. 
Records searches. Records searches (for certificates of compliance, building permits, violations, etc.) shall require a fee of $10.
B. 
Permits pursuant to the Multiple Residence Law. Permits for storage of flammable/combustible liquids, removal of fire escapes, and storage of motor vehicles, pursuant to the NYS Multiple Residence Law, shall be $5, and shall be in addition to any and all other permits required by this chapter.
[Amended 8-26-2015 by L.L. No. 4-2015]
The following definitions shall be used in the interpretation and construction of this chapter. Additional terms not defined herein may be defined in administrative guidelines, rules and regulations adopted by the Code Enforcement Officer.
CODE ENFORCEMENT OFFICER
The municipal official charged with the enforcement and administration of this chapter and the Uniform Code.
DANGEROUS BUILDING
Any building or structure which has any or all of the following conditions or defects to the extent that the life, health, property or safety of the public or its occupants are endangered:
A. 
Whenever any door, aisle, passageway, stairway, fire escape, emergency escape window or other means of exit is not of sufficient size or is not so arranged or maintained as to provide safe and adequate means of exit in case of fire or panic.
B. 
Whenever any portion thereof has been damaged by fire, explosion, earthquake, wind, flood or by any other cause, is likely to partially or completely collapse.
C. 
Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
D. 
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration or decay, or any other cause, is likely to partially or completely collapse.
E. 
Whenever the building or structure, due to dilapidated condition, deterioration, damage, inadequate exits, lack of required fire protection equipment, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause is determined by the Code Enforcement Officer to be a fire hazard.
F. 
Whenever any building or structure is overcrowded or occupied by more persons than is permitted by the Uniform Code.
G. 
Whenever any building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, infestation, inadequate light, heat, ventilation or sanitation facilities, or otherwise, is determined by the Code Enforcement Officer to be unsanitary, unfit for human occupancy or in such a condition that it is likely to cause sickness or disease.
H. 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure.
I. 
Whenever any vacant building or structure is unsecured against unauthorized entry, contains combustible materials, or has been deemed abandoned for a period in excess of three years.
FIRE CHIEF
The chief officer of the Fire Department serving the Village of Clyde, or a duly authorized representative.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, New York State Energy Conservation Construction Code, and any amendments thereto.
The Board of Trustees of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of the Village of Clyde, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
A. 
Definitions. The terms "garbage" and "rubbish," as used in this section, shall be as defined in the Uniform Code.
B. 
Authority to dispose of garbage and rubbish. Pursuant to a violation of the Uniform Code, upon failure of the owner or agent having charge of a property to dispose of garbage or rubbish after service of a notice of violation, any duly authorized employee of the Village of Clyde or contractor hired by the Village shall be authorized to enter upon the property in violation and dispose of such garbage and rubbish thereon, and the actual costs of such removal plus an administrative fee of $50 shall be paid by the owner or agent responsible. The billing and collection of said costs shall be as provided for in § 67-13G(1).
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
General. Where the Fire Chief or Code Enforcement Officer has determined that a facility using, handling, or storing flammable hazardous materials requires specialized fire-extinguishing agents, it shall be the responsibility of the owner or operator to provide the suitable fire control agents, including but not limited to firefighting foam or chemical extinguishing agents. The fire control agents shall be supplied in sufficient quantity to allow for effective fire suppression, and shall be replaced or replenished as necessary to continuously protect the hazard. Fire control agents may be stored on the premises, at one or more fire stations, or on fire apparatus. Fire protection water supplies shall be adequate to allow for the application of firefighting foam at the required rate.
B. 
Propane facilities. A written firesafety analysis, per NFPA 58 (Liquefied Petroleum Gas Code), shall be developed for all new and existing LP gas installations that have an aggregate water capacity of more than 4,000 gallons. The firesafety analysis shall be updated when the storage capacity or transfer system is modified. The firesafety analysis shall be submitted by the owner, operator, or his/her designee to the Code Enforcement Officer and Fire Prevention Bureau.
C. 
Storage of hazardous materials. The Code Enforcement Officer may require the separation or isolation of any hazardous materials that have incompatible firefighting requirements.
D. 
Precautions against flash fire. Highly combustible material, that is likely to produce a flash fire, shall not be stored near an opening in a fire barrier or fire wall, as the flash fire might communicate through the opening before the protective device could operate.
E. 
Dumpsters and self-contained compactor containers. Refuse containers requiring mechanical assistance to be moved shall be provided with a means of access to their interior without disconnecting from a compactor unit or they shall have a minimum port opening of two inches in diameter through which water may be introduced for extinguishing a fire. The port opening shall be labeled "fire hose port" or similar wording. Refuse containers which are not part of a compactor unit shall not be required to have the additional openings or hose connections for fire extinguishment, if they are provided with a cover to make the contents accessible during firefighting operations.
F. 
Stovetop fire suppressors. Owners and/or managers of apartment buildings containing three or more dwelling units with no automatic fire suppression or sprinkler system shall:
(1) 
Install and maintain an approved, automatic, laboratory-tested, fire extinguishing device designed to suppress fires in all vent hoods located above cooking appliances; or
(2) 
Install and maintain other automatic, laboratory-tested stovetop fire prevention or mitigation technology for all stovetops in the dwelling.
(3) 
Stovetop fire prevention or mitigation devices may include but are not limited to devices with the following trade names: StoveTop FireStop; Safe-T-Element; StoveGuard; HomeSensor; Innohome Stove Alarm; and Fidepro.
(4) 
The Code Enforcement Office shall set a date or dates for achieving compliance with this subsection, and may establish a phase-in schedule for compliance.
G. 
Fire loads. The Code Enforcement Officer is authorized to adopt rules and regulations for the purpose of governing transient fire loads within buildings.
H. 
Spill equipment training and containment.
(1) 
Employers shall provide employees with suitable safety equipment for dealing with hazardous spills. Safety equipment used for handling hazardous materials, including containers used during cleanup, must be tested and maintained according to OSHA, DOT and EPA standards governing the spilled substance. The level of personal protective equipment that employers are required to maintain is dependent on the nature of the hazardous material involved and the level of threat it poses from skin and respiratory contact.
(2) 
Employers shall provide adequate training in the use of safety equipment from a qualified source.
(3) 
Areas where a spill hazard exists must have approved containers and absorbent materials ready in case of a spill.
(4) 
All catch basins installed at or adjacent to automotive motor fuel-dispensing facilities, bulk plants or terminals, fleet storage areas, parking areas for 1,000 or more vehicles, and boatyards, shall be constructed as approved spill separators to help prevent spilled flammable liquids from entering sewers and/or watercourses.
I. 
Emerging hazards. Where an emerging hazard is identified within the jurisdiction, the Code Enforcement Officer may adopt rules and regulations imposing reasonable safeguards to protect the public health and safety.
J. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
EMERGING HAZARD
A potential fire or life safety hazard resulting from a new or reintroduced device, product, technology or methodology, for which there is no substantive regulation within the framework of existing safety codes and standards.
FIRE LOAD, TRANSIENT
Any combustible material that is not permanently installed (can be moved in and out of an area), including but not limited to paper, cardboard boxes, packing materials, shipping pallets, and flammable materials or products.
SPILL SEPARATOR
A precast concrete manhole or catch basin intercepting stormwater piping from streets or parking lots, designed to prevent spilled oil, gasoline or other fluids from directly entering a storm sewer or contaminating the environment.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
The following structures and facilities shall be equipped with a key lock box at or near the main entrance or such other location required by the Code Enforcement Officer or Fire Chief:
(1) 
All buildings having an automatic fire alarm, detection or suppression system.
(a) 
Exception: one- and two-family dwellings identified by the Uniform Code.
(2) 
All commercial and industrial properties protected by fences, gates and related barriers presently secured by padlock, electronically operated or automatic gates, or other control circuits.
(3) 
Multiple dwellings where two or more dwelling or rooming units share a common entrance that is normally kept locked.
B. 
Location. The key lock box shall be located at or near the main entrance to the building or property. It shall be mounted at a height of six feet above final grade, or as designated by the Fire Chief.
C. 
Key lock box contents. The key lock box shall contain labeled keys, easily identified in the field to provide access into the property and/or building, for roof access, and to any locked areas within said facility as may further be directed by the Fire Chief or Code Enforcement Officer.
D. 
Compliance. All existing buildings shall comply with the provisions of this section within six months of its effective date. All newly constructed buildings, not yet occupied, or buildings currently under construction, shall comply with the terms hereof prior to the issuance of the certificate of occupancy.
E. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
FIRE DEPARTMENT MASTER KEY
A limited issue key of special or controlled design to be carried by Fire Department officials in command which will open key boxes on specified properties.
KEY BOX (LOCK BOX)
A secure device with a lock operable only by a Fire Department master key, and used to store building entry keys, preincident plans and/or related data.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Alarm registration required.
(1) 
No person, firm or corporation shall have an alarm system installed, or use an existing alarm system, unless an alarm registration has been issued by the Code Enforcement Officer authorizing the use of such alarm.
(a) 
Exception: single-station alarm devices.
(2) 
Such registration shall be in addition to any construction or building requirements imposed by the Fire Prevention Code.
B. 
Application for alarm registration.
(1) 
The application for an alarm registration shall be in such form as designated by the Department, and shall contain at least the following information:
(a) 
Name, address and telephone number of the alarm user.
(b) 
The address of the premises upon which the alarm system is or will be located.
(c) 
The name, address and telephone number of the person or persons in charge of the building, place or premises served by the alarm system if different than the alarm user.
(d) 
The type of alarm system for which the registration is sought (fire, security, medical, gas detection, carbon monoxide, or other emergency alarm).
(e) 
The name, address and telephone number of the contractor installing and/or providing maintenance and repair service to the alarm system.
(f) 
The name and telephone number of the alarm monitoring service, if any.
(2) 
The information required on the registration application shall be treated as confidential and shall not be made available to members of the general public. The information on the registration application shall be used by the Department only for emergency response and regulatory purposes.
(3) 
An amended application shall be filed within 10 days after any change in the information provided.
(4) 
An alarm registration shall be denied if:
(a) 
The requested information is not supplied on the application.
(b) 
The requested information is incorrect.
(c) 
Any person listed on the application does not possess the occupational or regulatory license required to conduct such activities.
(5) 
Every application for an alarm registration or renewal shall be accompanied by a fee of $5.
(a) 
Exception 1: registration of an alarm system in conjunction with a building permit for which a fee is paid.
(b) 
Exception 2: registration or re-registration of an alarm system during a firesafety inspection for which a fee is paid.
(6) 
Upon receipt of a properly executed application, the Department shall approve the alarm registration and shall forward a copy of the approved registration to the appropriate emergency response agencies (Fire Department, Police Department, ambulance service, etc.).
(7) 
Alarm registrations shall not be transferable.
(8) 
Statistics for the reporting of nuisance alarms shall be maintained by the Fire Department and Police Department as applicable.
C. 
Nuisance alarms.
(1) 
No person shall allow, permit, cause or fail to prevent the activation for any reason of more than three nuisance alarms within any six-month period. The activation of more than three nuisance alarms is excessive, constitutes a public nuisance and shall be prohibited.
(2) 
The Police Chief in the case of alarms responded to by the Police Department only and the Fire Chief in the case of alarms responded to by the Fire Department shall determine whether a nuisance alarm has occurred and the frequency of such nuisance alarms.
(3) 
In the event of four or more nuisance alarms within any six-month period, the Police Chief, Fire Chief, Code Enforcement Officer, or their designated agents, are authorized to disconnect such alarm system from notifying emergency personnel. In the event of a disconnection, the Department, Fire Department, or any official having the authority to disconnect shall not be liable for any damages that may result.
(4) 
Alarm systems that have been disconnected or bypassed due to nuisance alarms shall be serviced immediately by a competent service technician.
(5) 
An alarm user shall be given a thirty-day grace period from the date the alarm is installed or a substantial change in the system is made during which time nuisance alarms will not be counted. Upon filing of an amended application, any response to a building, place or premises in which the alarm user has changed will be considered a first response.
D. 
Audible alarms.
(1) 
All audible alarms which may be heard in a public place shall be equipped and maintained to become deactivated and silenced automatically after a period of time not to exceed 30 minutes except for fire alarms and other alarms required by law to sound longer.
(2) 
The emergency response agency may disable an audible alarm that has not been silenced after the thirty-minute period and shall not be liable for any injuries or damage that may result.
E. 
Systems out of service. The Department shall have the authority to require an inspection and test of any fire alarm system that has been out of service for 30 days or more before being restored back into service.
F. 
Exemption. This section shall not apply to any alarms attached to motor vehicles.
G. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any device which is used in a building, place or premises for the detection of unauthorized entry, burglary, fire, rescue or any other emergency and which when activated emits a sound, signal or message to alert others, whether such sound, signal or message is emitted on or off premises. Carbon monoxide or gas detection devices are considered alarm systems for purposes of this chapter.
NUISANCE ALARM
Any alarm caused by mechanical failure, malfunction, improper installation, lack of proper maintenance, negligence, or any alarm activated by a cause that cannot be determined.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING CONTRACTOR
Any person, firm, company or corporation which, for a consideration, undertakes or advertises the capacity to undertake, or submits a bid to, or does him or herself or through other personnel employed by such contractor, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the whole or part of any building or structure, or any of the appurtenances thereto, sidewalk, street or pavement for which a permit is required by the Village of Clyde. The term "building contractor" shall mean and include, but not be limited to, anyone engaged in the business of cement or concrete contracting; masonry; carpentry; paving and asphalt; roofing; waterproofing; door, window, glazing, siding, awning, and gutter installation; the construction of decks, patios, garages, carports and additional rooms; driveway and walkway construction; kitchen and bathroom remodeling; fence installations; chimney maintenance; painting; tile setting; swimming pool or hot tub installation; plumbing; electrical contracting; heating, ventilating, air conditioning and other mechanical contracting; installation or maintenance of fixed fire protection systems; septic systems; wells, silos, grain bins, conveyors, or commercial kitchen ventilation hoods.
HANDYMAN (HANDYWOMAN)
A contractor who performs only ordinary repairs or maintenance that does not require any type of permit (i.e., a handyman cannot install or extend any electrical, plumbing, HVAC or alarm system or perform structural work, or any work over $10,000).
B. 
Contractor licensing. All building contractors shall be licensed by the Code Enforcement Office.
(1) 
Exception 1: handymen or handywomen performing ordinary repairs and maintenance only (i.e., work that does not require a building permit).
(2) 
Exception 2: employees such as maintenance personnel working within their employer's own facilities.
C. 
An application for building contractor registration and/or license shall be made on approved forms.
D. 
The fee for each license shall be $50.
E. 
Before said license or registration shall be issued or renewed, said building contractor shall submit proof of workers' compensation and disability insurance (or proof of exemption) as required by state law. Each building contractor shall submit proof of general liability insurance coverage in an amount not less than $100,000. Where a contractor performs or advertises hot work, such proof of insurance shall specifically include coverage for hot work.
F. 
Applicants engaged in the installation or repair of roofs shall provide documentation of insurance coverage specific to roofing operations (workers' compensation, disability and/or general liability, as applicable).
G. 
Each applicant shall provide the legal name and type of business, legal mailing address, contact phone numbers, email and other such information as may be necessary to maintain a proper mailing and contact list of building contractors. Each applicant shall provide adequate proof of qualification to perform the building construction, improvement, remodeling, or repair work. Such proof of qualification may include vocational training certificates, a statement of work-related experience, professional certifications, or current licenses issued by other government agencies.
H. 
Each building contractor performing, advertising or intending to perform work in pre-1978 housing, schools or child-care facilities shall provide a certificate or other sufficient proof of completion of an approved lead-safe work practices course (i.e., EPA or HUD-approved course).
I. 
Each building contractor installing fire alarm systems shall submit proof of licensure by the State of New York.
J. 
Each building contractor performing asbestos abatement shall submit proof of licensure by the State of New York.
K. 
Each building contractor installing manufactured homes shall submit proof of certification by the State of New York.
L. 
Each building contractor that is engaged in construction or reconstruction of water wells, or the installation or repair of water pumps, requiring the opening of the well casing, shall submit proof of registration by the State of New York (NYSDEC).
M. 
Each building contractor that hauls their own construction and demolition debris shall submit proof of licensure by the Town of Galen.
N. 
Upon submission of a complete application and fee (if required), each building contractor shall be issued a license number.
O. 
Licensure shall be denied or revoked if:
(1) 
The requested information is not supplied with the application.
(2) 
The requested information is false or incorrect.
(3) 
Any person listed on the application does not possess the occupational or regulatory registration, license or certification required by other agency to conduct such activities within the jurisdiction.
(4) 
The applicant is not qualified to work as a building contractor in his/her field.
(5) 
The building contractor knowingly and willfully violates § 67-51 of this chapter.
P. 
As applicable, the license number of the building contractor shall be included on building permit applications.
Q. 
Each license shall expire one year from the date of issuance.
R. 
An owner may construct a building or structure on his or her own property, as long as the structure will be occupied by the owner or owner's family, firm or corporation and its employees, and not for use by the general public and not offered for sale or lease. However, if the person or his or her family, firm or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without licensure within the prior twenty-four-month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not construct another separate building without having first obtained on his or her own behalf a building contractor license. An owner shall not hire someone to manage construction of a building on his or her behalf, unless that person is a licensed building contractor.
S. 
The Code Enforcement Officer shall compile and maintain a list of all licensed building contractors, including their legal names and types of businesses, phone numbers, registration numbers, and pertinent information regarding lead certification, insurance coverage, and the date of expiration.
T. 
The Code Enforcement Officer shall develop and hold public education sessions, offered free of charge to all licensed building contractors, a minimum of once per calendar year. Building contractors shall not be required to attend such training.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
General requirements. Except for emergency work, the conducting of construction operations between the hours of 11:00 p.m. and 7:00 a.m. shall be prohibited.
B. 
Fire and life safety.
(1) 
Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, or ladders, arranged in accordance with the general principals of the Uniform Code insofar as they can reasonably be applied to buildings under construction.
(2) 
No building or structure under construction shall be occupied in whole or in part until all exit facilities required for the part occupied are completed and approved for use.
(3) 
Existing buildings may be occupied during repairs or alterations only if all existing exits and all existing fire protection equipment are continuously maintained or, in lieu thereof, other measures are taken which provide equivalent safety.
(4) 
Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building only if the condition of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
C. 
Adjacent construction.
(1) 
Adjacent construction shall not cause serious adverse environmental conditions or a hazard to the public or property.
(2) 
Adequate precautions shall be taken to minimize the possibility of injury to the public and damage to adjacent properties.
(3) 
Where adjacent construction results in a code violation upon adjacent property, the violation shall be corrected at the expense of the owner or operator of the adjacent construction.
D. 
Hazards to firefighters. Whenever construction operations uncover potential hazards to firefighters, such hazards shall be mitigated as part of the construction project. Such hazards may include, but are not limited to, bracket chimneys and the lack of fire stopping.
E. 
Construction scaffolds.
(1) 
Approval. The installation of a scaffold on, over or adjacent to public property shall be preapproved by the authority having jurisdiction. Supported scaffolds over 60 feet in height shall require a building permit.
(2) 
Footing. Supported scaffold footings shall be level and capable of supporting the loaded scaffold. The legs, poles, frames, and uprights shall bear on mud sills or base plates.
(3) 
Guying ties and braces. Supported scaffolds with a height-to-base ratio of more than 4:1 shall be restrained from tipping by guying, tying, bracing, or the equivalent.
(4) 
Clearance to power lines. Scaffolds shall not be erected, used, dismantled, altered, or moved such that they or any conductive material handled on them might come closer to exposed and energized power lines than 10 feet.
(a) 
Exception 1: For insulated power lines of less than 300 volts, the minimum clearance shall be three feet.
(b) 
Exception 2: For uninsulated power lines of more than 50 kv, the minimum clearance shall be 10 feet plus 0.4 inch for each one kv over 50 kv.
(c) 
Exception 3: Scaffolds and materials may be closer to power lines where such clearance is necessary for performance of work, and only after the utility company, or electrical system operator, has been notified of the need to work closer and the utility company, or electrical system operator, has deenergized the lines, relocated the lines, or installed protective coverings to prevent accidental contact with the lines.
(5) 
Suspension scaffolds.
(a) 
Suspension scaffolds shall be tied or otherwise secured to prevent swaying.
(b) 
Tiebacks must be secured to a structurally sound anchorage on the building or structure. Sound anchorages do not include standpipes, vents, other piping systems or electrical conduit.
(6) 
Other safety precautions.
(a) 
Personnel shall be prohibited from working on scaffolds covered with snow, ice or other slippery material except as necessary for removal of such material.
(b) 
Suspension ropes shall be shielded from heat-producing processes. When corrosive substances are used on a scaffold, the ropes shall be shielded, treated to protect against the corrosive substances, or shall be of material that will not be damaged by the substance being used.
(c) 
Work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for workers to be on the scaffold and those employees are protected by a personal fall arrest system or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed.
(d) 
Rubbish shall not be allowed to accumulate on scaffolds.
F. 
Grading, excavation, and filling of land.
(1) 
Permit required. It shall be unlawful for any person, firm or corporation to excavate, strip, move, remove, grade, fill or deposit any topsoil, earth, sand, clay, gravel, humus, rock or other mineral deposit from, upon, or within any land within the jurisdiction, unless a permit shall have been duly issued by the Code Enforcement Officer. Permits may be otherwise required by state or local law or these rules and regulations for the specific activity being conducted (i.e., installation of a septic system).
(a) 
Exception 1: Not more than an aggregate of 15 cubic yards of excavation or clean fill shall be allowed without a permit at one- and two-family dwellings.
(b) 
Exception 2: Agricultural activities such as land tilling and drain tile installation shall not require a permit.
(c) 
Exception 3: Public utility work.
(2) 
Protection of underground facilities. Building contractors and other persons engaged in demolition or excavation work shall contact Dig Safely New York for underground utility stakeouts, in accordance with NYS Code Rule 753. Public utilities shall be protected from damage due to grading or excavation operations.
(3) 
Safety precautions.
(a) 
A competent person shall inspect, on a daily basis, excavations and the adjacent areas for possible cave-ins, failures of protective systems and equipment, hazardous atmospheres, or other hazardous conditions. If these conditions are encountered, exposed persons must be removed from the hazardous area until the necessary safety precautions have been taken. Inspections are also required after natural (e.g., heavy rains) or man-made events such as blasting that may increase the potential for hazards.
(b) 
Support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of adjacent structures such as buildings, walls, sidewalks or pavements.
[1] 
Excavation below the level of the base or footing of any foundation or retaining wall shall be prohibited unless: i) a support system such as underpinning is provided; ii) the excavation is in stable rock; or iii) a registered professional engineer determines that the structure is sufficiently removed from the excavation and that excavation will not pose a hazard to persons or property.
[2] 
Excavations under sidewalks and pavements are prohibited unless an appropriately designed support system is provided or another effective method is used.
(4) 
Protection of open excavations. Open excavations in or near roads, pedestrian walkways and similar locations shall be protected by an approved barricade or continuously guarded.
(5) 
Time limit on open excavations. No excavation for building or any other purposes in the jurisdiction, whether or not completed, shall be left open for more than 90 days without proceeding with the erection of a building thereon. In the event that any such excavation remains open for more than 90 days, the Code Enforcement Officer shall order that the erection of a building on the excavation begin forthwith or, in the alternative, that the excavation be filled to grade. If the owner of the land fails to comply with the order within 15 days after service thereof upon him, the Code Enforcement Officer shall cause the excavation to be filled to grade, and the cost plus an administrative fee of $50 shall be charged against the real estate. The billing and collection of said costs shall be as provided in local law.
(6) 
Excavation and fill of watercourses. A permit shall be required for excavation, grading or fill within any watercourse receiving drainage from a public roadway, or in any watercourse lying within a public easement or right-of-way. Precautionary measures to protect and maintain the flow of watercourses shall be taken.
(7) 
Temporary erosion control. Precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site shall be put in effect. Precautionary measures shall include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion.
(8) 
Tracking of dirt onto public streets. Adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets shall be provided.
(9) 
Revegetation. The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. Such plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage. A plan by a registered design professional shall be provided where required by the Code Enforcement Officer.
(10) 
Hazards from existing grading. Whenever any existing excavation, embankment or fill has become a hazard to life or limb, endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, such excavation, embankment or fill shall be eliminated.
G. 
Landscaping requirements.
(1) 
General. Landscaping is required for all new buildings and additions over 500 square feet in floor area. Said landscaping shall be completed within one year from the date of occupancy of the building.
(2) 
Street-side yards. All required yards and open spaces abutting public streets shall be completely landscaped, except for those areas occupied by utilities, access driveways, parking areas, paved walkways, playgrounds, walls, structures or other required facilities.
(3) 
Maintenance. All required live landscaping shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.
(4) 
Prevention of mulch fires.
(a) 
Approved receptacles for smoking materials shall be installed at all entrances to public buildings and in designated smoking areas. Mulch shall not be used in or near these areas.
(b) 
A minimum eighteen-inch clearance shall be provided between landscaped mulch beds and combustible building materials.
(c) 
Noncombustible landscaping materials such as rock, decorative stone or pea gravel shall be used around the gas meter and next to the combustible portions of the structure.
(5) 
Fire-resistant plants. Within the immediate landscaped area, only fire-resistant plants should be used. Highly flammable plants shall be prohibited within five feet of structures.
H. 
Temporary structures and storage.
[Added 7-20-2022 by L.L. No. 2-2022]
(1) 
Enclosed structures. Construction trailers, sheds and storage containers: During building construction, trailers, sheds and storage containers serving as contractor's offices and temporary storage facilities are permitted. Such facilities shall not be located in any required front yard on the site. Temporary structures shall be removed upon the completion of construction.
(2) 
Open storage. The temporary open storage of building materials, equipment or debris associated with the construction, renovation, or demolition of a building or structure on the premises for which a valid building permit exists shall be allowed with the following conditions:
(a) 
Storage shall not be located in any required front yard.
(b) 
No equipment or materials shall be stored or placed within 10 feet of a side or rear property line.
(c) 
Items covered by tarps or stored in the open bed of a vehicle or trailer shall be considered open storage.
(d) 
All debris shall be stored in specific containment areas or dumpsters.
(e) 
All building materials, equipment and debris shall be removed from the site within 30 days of the issuance of a certificate of occupancy or similar notice of completion.
(3) 
Fencing. Temporary construction fencing may be installed to protect the public from injury or maintain security during construction or demolition projects in conjunction with an active building permit. All such fencing shall be removed upon completion of construction and prior to issuance of a certificate of occupancy.
[Added 8-26-2015 by L.L. No. 4-2015]
A. 
Fire exits in existing buildings shall comply with the building code that applied at the time of construction. Existing buildings that were not required to comply with a building code at the time of construction shall comply with the minimum egress requirements specified below:
(1) 
At least two exit routes shall be available in a building to permit prompt evacuation of building occupants during an emergency, except where a single exit route is permitted by the Uniform Code.
(2) 
Dwelling units shall have adequate fire exits. Windows are acceptable for the first and/or second floor. The third floor or above shall have a fire escape or an acceptable second stairway and exit.
(a) 
Exception 1: where a fire sprinkler system is installed in conformity with NFPA 13, NFPA 13R, or NFPA 13D, as applicable.
(b) 
Exception 2: above the second floor and below the seventh floor, where a means of escape is provided and equipped with a portable escape ladder compliant with ASTM F2175 (Standard Specification for Portable and Permanent Emergency Escape Ladders for Residential Use).
(3) 
Every existing structure in which the means of egress are, in the opinion of the Code Enforcement Officer, inadequate for the safety of the occupants, shall be provided with means of egress or means of escape as directed by the Code Enforcement Officer.
B. 
In the event that a building, facility or occupancy is determined to have an impractical evacuation capability, additional fire protection equipment, procedures and/or construction shall be provided to mitigate the hazard to life. The term "impractical evacuation capability" shall mean the documented inability of occupants to evacuate or reach a place of safety within 13 minutes.
C. 
In addition to any other emergency plans required by the Uniform Code, every employer with more than 10 employees shall have written fire prevention and emergency action plans (as required by 29 CFR Part 1910).
D. 
The Code Enforcement Officer shall establish minimum requirements for the contents and posting of evacuation floor plans. Where evacuation floor plans and written fire prevention and emergency action plans are required or provided, copies of such plans shall be provided to the Fire Department and Code Enforcement Officer.
E. 
Where required by the Code Enforcement Officer, approved floor markings shall be provided to ensure that exit routes and safe clearances from equipment are maintained.
[Added 7-30-2025 by L.L. No. 1-2025]
A. 
Compliance required. The use of portable generators shall be allowed in the Village of Clyde only in compliance with this section.
B. 
Noise limit. No portable generator may be located on a property in such location as to create noise in violation of Chapter 114 of the Village of Clyde Municipal Code.
C. 
Use restrictions.
(1) 
Portable generators that are used to supply electrical power for a structure shall only be allowed under the following circumstances:
(a) 
Electrical utility service has been interrupted due to weather conditions or due to other system failures.
(b) 
Temporary usage by contractors during regular business hours.
(2) 
Portable generators shall not be permitted when electrical service has been terminated for non-payment or when the owner, tenant, landlord, authorized representative, or person in control of the property has elected to not connect to the utility provider.
(3) 
Portable generators shall not be used to provide power to a recreational vehicle as defined in this chapter.
D. 
Direct connection to electrical system. Portable generators shall not be directly connected to the electrical system of a structure unless the generator is connected via a properly installed transfer switch.
E. 
Grounding. If the portable generator is providing electric power via connection to a transfer switch, the generator shall be connected to a grounding electrode system, such as a driven ground rod.
F. 
Maintenance. Portable generators shall be maintained and operated in accordance with the manufacturer's use and safety instructions.
G. 
Electrical cords. Electrical appliances and tools shall be plugged directly into the generator using the appliance manufacturer's supplied cords. Extension cords shall be heavy-duty cords that contain a grounding conductor (3-wire flexible cord and 3-pronged cord connectors). Ground-fault circuit interrupters (GFCls) shall be used as per the manufacturer's instructions.
H. 
Ventilation. Portable generators shall not be operated within a structure or other enclosed area, and shall be provided with proper ventilation and clearance so as to prevent hazardous conditions.
I. 
Definition. For purposes of this section, the term "portable generator" shall mean a mobile internal combustion engine-driven device that provides temporary electrical power. This includes hand portable, wheeled, trailer mounted, and motor vehicle-mounted generator sets. It does not include generators in permanent, fixed installations.