[Adopted 10-19-2010 by L.L. No. 4-2010]
This article 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 City of Cortland. This article 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 article, all buildings, structures and premises, regardless
of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
100-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
BUILDING SYSTEM
A building assembly or building set of units made up of various
components that serve a specific function, including but not limited
to interior/exterior walls, windows, doors, roofs, ceilings, floors,
lighting, piping, ductwork, insulation, HVAC system equipment or components,
electrical appliances, and plumbing appliances.
CITY
The City of Cortland.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
Any code certified person acting under the supervision and direction of the Code Enforcement Officer as provided in §
100-3D of this article.
OPERATING PERMIT
A permit issued pursuant to §
100-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
OUTDOOR BOILER
A freestanding solid-fuel-burning heating appliance manufactured
and intended for outdoor use and which provides heat to a building
on the same property.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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 Fire Chief of The City of Cortland City shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this City shall be identified and addressed in accordance with the procedures established in Chapter
104 of the Code of the City of Cortland as now in effect.
[Amended 4-5-2011 by Res. No. 67-2011]
A. Inspections required. The Code Enforcement Officer, or an inspector
designated by the Code Enforcement Officer, shall perform firesafety
and property maintenance inspections of buildings and structures at
the following intervals:
(1) Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2) Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories, fraternities, sororities, rooming houses,
boardinghouses, hotels and motels shall be performed at least once
every 12 months.
(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection
A(1) or
(2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection
A(1) or
(2) of this section, shall be performed at least once every 36 months.
B. Inspections permitted. In addition to the inspections required by Subsection
A of this section, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner, receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist, or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. A person subject to inspection under §
100-11 may be required by the Code Enforcement Officer to have such inspection performed at their own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other certified individual whose experience, training and credentials meet or exceed the minimums required by the State of New York and have been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of their inspection to the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at their own cost and expense shall not be assessed the inspection fees otherwise prescribed in this chapter.
D. OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
and unless by an invitation from the State of New York:
(1) The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2) The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection
A(1) or
(2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection
A(3) of this section; and
(4) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection
A(1) or
(2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection
A(3) of this section.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
100-16, Fees, of this article shall be invoiced to the business owner and/or property owner as applicable. Thereupon, the Department of Code Enforcement shall mail an invoice to said owner or operator to pay such cost, which shall become due and payable within 30 days from the mailing. If such cost is not paid within such time and interest is not paid by December 31 of the year in which it is incurred, such cost and interest, with an administrative fee of $25, shall be added to the City tax chargeable to said property and shall be collected in the manner as any unpaid City tax. This subsection shall not apply to inspections performed by OFPC.
F. Appeal. Should the business owner and/or property owner, as applicable,
dispute the proper implementation of the fee, an appeal to the City
Corporation Counsel's office may be taken within 30 days of the mailing
of the invoice notifying the business owner and/or property owner,
as applicable, of the imposition of said fee. The appeal application
may be obtained from the Code Enforcement office and submitted thereto.
The Corporation Counsel shall render a decision upon said appeal within
30 days of receipt thereof; failure to so render a decision will result
in the fee being vacated. Upon an adverse decision to a business owner
and/or property owner, as applicable, said business owner and/or property
owner, as applicable, may commence a judicial appeal to the Cortland
City Court for final review.
A fee schedule shall be established by resolution of the Common
Council of this City. Such fee schedule may thereafter be amended
from time to time by like 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, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Common Council of this City may, by resolution, authorize
the Mayor of this City to enter into an agreement, in the name of
this City, with other governments to carry out the terms of this article,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.