Town of Lafayette, NY
Onondaga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of LaFayette 11-9-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
[Amended 11-10-2016 by L.L. No. 2-2016]
This chapter shall provide for the administration and enforcement by the Town of LaFayette of the New York State Uniform Fire Prevention and Building Code as currently in effect and as hereafter amended from time to time ("Uniform Code"). This chapter is adopted pursuant to § 381 of Article 18 of the New York Executive Law and in accordance with § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, state law or within the Uniform Code, all premises located within the Town of LaFayette, regardless of use, are subject to the provisions of the Uniform Code.
The Town Board may, by resolution, authorize the Town Supervisor to enter into a contract with other governments or agencies, which are properly authorized and certified by New York State, to carry out the terms of this chapter.
No Code Enforcement Officer or Deputy Code Enforcement Officer shall engage in any activity inconsistent with such officer's duties or with the interests of the Town of LaFayette; nor shall such officer, during the course of such officer's employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof with the Town of LaFayette.
A. 
The office of Code Enforcement Officer is hereby created and shall be administered by an appointee of the Town Board. The Code Enforcement Officer shall, within the time constraints prescribed by law, obtain such training as the State of New York shall require for Code Enforcement Officers.
B. 
In the absence of the Town Code Enforcement Officer, or in the case of such officer's inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person, partnership, business corporation or similar firm to act on behalf of the Code Enforcement Officer and to exercise all of the powers conferred upon such Code Enforcement Officer by this chapter.
C. 
The Town Supervisor, with the approval of the Town Board, may appoint one Deputy Code Enforcement Officer or more as the need may appear, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as directed by him.
D. 
Any such person, partnership, business corporation or similar firm designated to act on behalf of the Code Enforcement Officer and any such Deputy Code Enforcement Officer appointed to act under the supervision and direction of the Code Enforcement Officer shall have qualifications comparable to those of an individual who has met the requirements of Part 434 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
E. 
The compensation for the Code Enforcement Officer, acting Code Enforcement Officer and Deputy shall be fixed and adjusted from time to time by the Town Board.
F. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Code Enforcement Officer is authorized to pursue administrative actions and, in consultation with the Town Attorney, legal action as necessary to abate conditions not in compliance with the Uniform Code, this chapter or other laws, rules or regulations of the Town of LaFayette or of the State of New York.
A. 
Permits required.
(1) 
Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, or install a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit without first having obtained a permit from the Code Enforcement Officer.
(2) 
Building permits shall be required for any work which must conform to the Uniform Code, with the exception of the following:
(a) 
Repairs and/or alterations to existing buildings, provided that such repairs and/or alterations:
[1] 
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 or steps;
[2] 
Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;
[3] 
Do not involve the enlargement, alteration, replacement or relocation of any building systems;
[4] 
Do not involve the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; and
[5] 
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues;
(b) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, and are not intended for use as quarters for living sleeping, eating or cooking, provided the gross floor area does not exceed 144 square feet;
(c) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(d) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(e) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(f) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(g) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(h) 
Installation of window awnings supported by an exterior wall of a one- or two- family dwelling or multiple single-family dwellings (townhouses);
(i) 
Installation of partitions or movable cases less than five feet nine inches in height;
(j) 
Painting, wallpapering, tiling, carpeting or other similar finish work;
(k) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(l) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(m) 
Nonresidential farm buildings, including barns, sheds, poultry houses, and other buildings used directly and solely for agricultural purposes.
B. 
Application for a building permit.
(1) 
The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
(2) 
The form of the building permit and application therefor shall be prescribed by the Code Enforcement Officer. The application shall be signed by the owner of the building, or his duly authorized agent, and shall contain at least the following:
(a) 
Full name and address of the record owner, and if by a corporation the names and addresses of the responsible officers;
(b) 
Full name and address of the contractor and/or architect;
(c) 
Tax Map number and address of the property on which the work is to be done;
(d) 
Description of the use or occupancy classification of any affected building or structure;
(e) 
Description of the proposed work;
(f) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;
(g) 
Three sets of construction documents (drawings and/or specifications) that define the scope of the proposed work; and
(h) 
The required fee.
(3) 
Construction documents will not be accepted as part of an application for a building permit unless such documents:
(a) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(b) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(c) 
Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and
(d) 
Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the structures and the lot lines.
(4) 
Construction documents accepted as part of an application will be so marked in writing or by stamp. Two sets of accepted construction documents shall be retained by the Code Enforcement Officer and one set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer.
(5) 
Applications for a building permit shall be filed with the Code Enforcement Officer. If the application, together with the plans, specifications and required documents, does not conform to all requirements of the applicable regulations, the Code Enforcement Officer shall disapprove the same and return the plans and specifications to the applicant. Upon request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the response thereto, to be transmitted to the applicant in writing.
(6) 
The Code Enforcement Officer may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
(7) 
The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the building permit is in effect. A building permit will be issued when the Code Enforcement Officer has determined that the application is complete and the proposed work conforms to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Code Enforcement Officer prior to the commencement of such change or work.
C. 
General requirements.
(1) 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains and shall remain so displayed until the project has been completed.
(2) 
A building permit issued pursuant to this chapter shall contain a statement directing that all work shall be performed in accordance with the construction documents submitted and accepted as part of the application. A building permit shall also contain a directive that the Code Enforcement Officer shall be notified immediately in the event of changes during construction.
(3) 
If it is determined that the work to which the building permit pertains is not proceeding in conformance with the Uniform Code, or with any condition attached to such building permit, or if there has been misrepresentation or falsification of a material fact in connection with the application for which the building permit was issued, a building permit may be suspended or revoked until such time as the permit holder demonstrates that all of the work completed and all of the work proposed shall be in compliance with the applicable provisions of the Uniform Code.
(4) 
A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy, which occurs first. The building permit may, upon written request, be renewed for successive one-year periods, provided that:
(a) 
The building permit has not been revoked or suspended at the time the application for renewal is made;
(b) 
The relevant information in the application is current; and
(c) 
The renewal fee is paid.
(5) 
A building permit issued pursuant to this chapter shall not be transferable.
A. 
A certificate of occupancy shall be required for all work for which a building permit is required to be issued under § 116-5A(2) of this chapter. A certificate of compliance shall be required for all buildings which are converted from one use or occupancy classification or subclassification to another, as defined in Part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or a certificate of compliance.
B. 
Issuance of a certificate of occupancy or a certificate of compliance shall be preceded by an 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. Also, where applicable, flood hazard certifications, prepared in accordance with the provisions of the Uniform Code, must be received prior to the issuance of the certificate. A certificate of occupancy or a certificate of compliance shall contain the following 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 an 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; and
(10) 
The signature of the Code Enforcement Officer and the date of issuance.
C. 
Temporary occupancy. A certificate allowing the temporary occupancy of a structure may not be issued prior to the completion of the work which is the subject of a building permit unless the structure or portions thereof may be occupied safely, any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and all required means of egress from the structure have been provided. The effectiveness of a temporary certificate shall expire three months from the date of issuance, during which period the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code. A temporary certificate may be renewed an indefinite number of times.
D. 
A certificate of occupancy or a certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant deficiencies are not corrected within a specified period of time.
A. 
Inspections during construction.
(1) 
Work for which a building permit has been issued hereunder shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. It shall be the responsibility of the owner, applicant or an authorized agent to inform the Code Enforcement Officer that the work is ready for inspection, and to schedule such inspection.
(2) 
Provisions shall be made for the inspection of the following elements of the construction process, where applicable:
(a) 
Work site prior to the issuance of a building 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 heating appliances, chimneys, flues or gas vents;
(i) 
Energy code compliance; and
(j) 
A final inspection after all work authorized by the building permit has been completed.
(3) 
After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the building permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with code provisions shall be required to remain exposed until it has been brought into compliance with the code and been found satisfactory as completed.
(4) 
If entrance to make an inspection is refused or cannot be obtained, the Town Supervisor, after being notified by the Code Enforcement Officer of the situation, may apply to any court of competent jurisdiction for an order to make an inspection.
B. 
Fire prevention and safety inspections.
(1) 
Multiple dwellings shall be inspected for the purpose of determining compliance with fire prevention and housing maintenance requirements of the Uniform Code at least once every 36 months. Inspections of such buildings shall include, but not be limited to, the common areas such as halls, foyers, staircases and vacant dwelling units. Where the tenants of occupied dwelling units allow, the inspection may include such units.
(2) 
Fire safety inspections of buildings or structures having areas of public assembly, as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations, shall be performed at least once in every 12 months.
(3) 
All other buildings, uses and occupancies (except one- and two-family dwellings) shall be inspected at least once in every 24 months.
(4) 
An inspection of a building or dwelling unit may also be performed at any other time upon:
(a) 
The request of the owner, authorized agent or tenant;
(b) 
Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist; or
(c) 
Other reasonable and reliable information that such violations exist.
(5) 
Such inspections shall be performed by the Code Enforcement Officer.
(6) 
Procedures shall be established for the chief of any fire department providing fire-fighting services for a property to notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
A. 
Whenever the Code Enforcement Officer has reason to believe that the work on any building or structure is being performed in violation of the Uniform Code, the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of any application, or is being conducted in a dangerous or unsafe manner, or is being performed without obtaining a required permit, such officer shall issue a stop-work order and shall provide written notification to the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the stop-work order has been rescinded.
B. 
A stop-work order shall state the reason for its issuance and the conditions which must be satisfied before work will be permitted to resume.
C. 
Such stop-work order and notice may be served upon a person to whom it is directed either by delivering it personally or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to such person by registered mail at the address set forth in the application for the permission of the construction of such building.
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 exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) of the Fire Code of New York State (see 19 NYCRR Part 1225);
(2) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening and waste handling;
(3) 
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; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code.
B. 
Parties who propose to undertake the type of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
C. 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
D. 
A single operating permit may apply to more than one hazardous activity.
E. 
Operating permits may remain in effect until reissued, renewed or revoked or may be issued for a specified period of time consistent with local conditions.
F. 
Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.
A fee schedule shall be established by resolution of the Town Board. Such fees may charge for the issuance, and renewals thereof, of building permits, certificates of occupancy, certificates of compliance, operating permits and fire safety inspections.
A. 
Complaints asserting that certain conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for the administration and enforcement of the Uniform Code shall be directed to the Code Enforcement Officer. When deemed appropriate by the Code Enforcement Officer, such complaints will result in an inspection of the conditions and/or activities alleged to be in violation of the aforementioned code or the local laws, ordinances and/or regulations.
B. 
Complaints shall be submitted to the Code Enforcement Officer in writing, on a form provided by said Code Enforcement Officer, and, in order to constitute a bona fide complaint mandating review, shall include the following information:
(1) 
The full name, address and telephone number of the complainant;
(2) 
A description of the alleged violation;
(3) 
The date and time of the alleged violation;
(4) 
The address and Tax Map number of the property in alleged violation; and
(5) 
A reference to the applicable law allegedly violated.
C. 
Complaints shall be reviewed and investigated by the Code Enforcement Officer or his duly authorized representative for a determination of the validity of the complaint. Such Code Enforcement Officer or duly authorized representative shall thereafter indicate on the aforementioned complaint form the corrective action required.
D. 
The Code Enforcement Officer shall establish and maintain a written record of such examinations, inspections and operating permits and of the fees charged and collected, if any.
A. 
Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Code Enforcement Officer shall order in writing the remedying of the condition. Such order shall identify the property or premises, state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by registered mail. Appeals may be rendered pursuant to § 381 of the Executive Law.
B. 
In addition to those penalties prescribed by state law, any person, firm, corporation, association or partnership who or which violates any provision of the Uniform Code or any rule or regulation of this chapter, or terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Town Code for each day or part thereof during which such violation continues beyond any time that may be granted to achieve compliance as provided in the foregoing Subsection A. Each act committed in violation of any provision of this chapter shall constitute a separate offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town Board on its own initiative at the request of the Code Enforcement Officer.
[Amended 12-8-2020 by L.L. No. 2-2020]
C. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of the Uniform Code or the terms of conditions of any certificate of occupancy issued by the Code Enforcement Officer.
A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fee charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board and notices and orders issued. All such records shall be retained for at least the minimum time period so required by state law and regulation.
B. 
The Code Enforcement Officer shall submit monthly to the Town Board a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
C. 
The Code Enforcement Officer shall submit annually to the Secretary of State, on a form prescribed by the Secretary, a report of activities relative to the administration and enforcement of the Uniform Code. Upon request of the Department of State, the Code Enforcement Officer shall provide from the records and related materials he is required to maintain excerpts, summaries, tabulations, statistics and other information and accounts of activities in connection with the administration and enforcement of the Uniform Code. Failure to produce the requested materials shall permit an inference that the minimum standards of Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York have not been met.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure within the Town of LaFayette for loss of life or damage to person or property caused by any defect therein, nor shall the Town of LaFayette be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.