[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.
EXPOSURE HAZARD
FIREBREAK
FRAME BUILDING (FRAME OR WOOD FRAME CONSTRUCTION)
IMMEDIATE LANDSCAPED AREA
ROOF COVERING
SPARK ARRESTER
Special definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
(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]
(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.
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)
BOAT LAUNCH RAMP
BOAT SLIP
BOATYARD
BULKHEAD
MARINA
MARINE TERMINAL
PIER (DOCK)
VEHICLES and VESSELS
WATER-SURROUNDED STRUCTURE
Special definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A sloped surface designed for launching and retrieving trailered
boats and other watercraft to and from a body of water.
That portion of a pier, bulkhead, or float where a boat is
moored for the purpose of berthing, loading, unloading, embarking,
or disembarking.
A facility used for constructing, repairing, servicing, hauling
from the water, storing (on land and in water), and launching of boats.
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.
A facility, generally on the waterfront, that stores and/or
services boats in berths, on moorings, and in dry storage or dry rack
storage.
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.
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.
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.
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)
CAMPER VAN
CAMPING TENT TRAILER
RECREATIONAL PARK TRAILER
RECREATIONAL VEHICLE (RV)
ROOF TENT
TRUCK CAMPER
Special definitions. As used in this subsection, the following
terms shall have the meanings indicated:
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]
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]
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).
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.
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]
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.
[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:
(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.
(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:
(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:
(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]
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]
(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.
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.
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]
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:
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.
ATTENDED
BURN PILE
CHIMINEA
COOKING DEVICE
FIRE PIT
FIRE RING
OPEN FIRE (OPEN BURNING, OUTDOOR FIRE)
OUTDOOR FIREPLACE
RECREATIONAL FIRE (CAMPFIRE)
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]
Maintaining full and uninterrupted visual contact with the
burn site, and remaining within 100 feet of the site at all times.
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).
A freestanding front-loading fireplace or oven with a bulbous
body and usually a vertical smoke vent or chimney.
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.
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."
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.
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.
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.
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.
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.
(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:
(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.
The Code Enforcement Officer shall be responsible
for enforcement of the Multiple Residence Law of New York State within
the area of responsibility of the Village of Clyde.
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:
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:
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.
The municipal official charged with the enforcement and administration
of this chapter and the Uniform Code.
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:
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.
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.
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.
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.
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.
Whenever any building or structure is overcrowded
or occupied by more persons than is permitted by the Uniform Code.
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.
Whenever any portion of a building or structure
remains on a site after the demolition or destruction of the building
or structure.
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.
The chief officer of the Fire Department serving the Village
of Clyde, or a duly authorized representative.
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.
EMERGING HAZARD
FIRE LOAD, TRANSIENT
SPILL SEPARATOR
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
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.
FIRE DEPARTMENT MASTER KEY
KEY BOX (LOCK BOX)
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
(5)
Every application for an alarm registration or renewal shall be accompanied
by a fee of $5.
(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.
ALARM SYSTEM
NUISANCE ALARM
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
BUILDING CONTRACTOR
HANDYMAN (HANDYWOMAN)
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
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.
(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.
