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 Manchester. 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. This chapter amends Chapter
117 of the Code of the Village of Manchester.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
117-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
117-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association or
any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing firefighting services
for a property within the Village of Manchester shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or Energy Code. The process for responding
to a complaint shall include such of the following steps as the Code
Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
117-15, Enforcement; penalties for offenses, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Board
of Trustees of the Village of Manchester. Such fee schedule may thereafter
be amended from time to time by resolution. The fees set forth in,
or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, certificates of occupancy, certificates of compliance,
temporary certificates, operating permits, fire safety and property
maintenance inspections and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
The Board of Trustees of the Village of Manchester may by resolution
authorize the Village of Manchester to enter into an agreement with
other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform
Code, Energy Code, Part 1203 of Title 19 of the NYCRR or any other
applicable law.