[HISTORY: Adopted by the Common Council of the City of Cortland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also superseded former Ch. 100,
Building Construction and Fire Prevention, adopted 4-15-1986 by L.L.
No. 1-1986 (Ch. 6A of the 1969 Code of Ordinances), as amended.
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:
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.
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.
A certificate issued pursuant to subdivision (b) of section
7 of this article.
The City of Cortland.
The Director of Code Enforcement appointed pursuant to § 100-3B of this article.
Includes the Code Enforcement Officer and all inspectors.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
Any code certified person acting under the supervision and direction of the Code Enforcement Officer as provided in § 100-3D of this article.
A compliance order issued by the Code Enforcement Officer pursuant to § 100-15A of this article.
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.
A freestanding solid-fuel-burning heating appliance manufactured
and intended for outdoor use and which provides heat to a building
on the same property.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 100-6 of this article.
A certificate issued pursuant to § 100-7D of this article.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Director of Code Enforcement, hereinafter "Code Enforcement
Officer," is hereby created. The Code Enforcement Officer shall administer
and enforce all the provisions of the Uniform Code, the Energy Code
and this article. The Code Enforcement Officer shall have the following
powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Common Council of this City;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with Corporation Counsel for the City, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this article, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this article; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed pursuant to Article XVIII, § C18-1, of the Charter of the City of Cortland. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed pursuant to Article XVIII, § C18-1, of the Charter of the City of Cortland to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.
D.
Inspectors shall be assigned to the Code Enforcement Office by the
Director of Code Enforcement, with additional support from code-certified
shift personnel not directly assigned to the Code Enforcement Office.
Inspectors not assigned to the Code Enforcement Office shall participate
in code-related activities, primarily inspections of existing structures.
All inspectors shall act under the supervision and direction of the
Code Enforcement Office and shall assist the Code Enforcement Officer
in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this article. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
E.
An Electrical Inspector or approved electrical underwriting firm shall as well be certified to the minimum standard and provide the proper credentials and insurances prior to approval by the Code Enforcement Officer. The Electrical Inspector shall be designated according to Chapter 122 of the City Code of Ordinances.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. Additionally, paving, repaving, striping and the alteration/enlargement of any driveway or parking area shall require a permit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer. No permits shall be issued for the installation of solid-fuel-burning outdoor boiler units, nor any buildings or structures erected for the purpose of housing such units, since the use of such outdoor boiler units is prohibited.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
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, provided the gross floor area does not exceed 144
square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Construction of retaining walls less than three feet in height unless
such walls support a surcharge or impound Class I, II or IIIA liquids;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8)
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
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner that affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property, or an authorized agent of the owner, where
the work is to be performed. The application shall include such information
as the Code Enforcement Officer deems sufficient to permit a determination
by the Code Enforcement Officer that the intended work complies with
all applicable requirements of the Uniform Code and the Energy Code.
The application shall include or be accompanied by the following information
and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
When applicable, a current, professional survey map of the property
(any new building and structure, any alteration addition that modifies
the footprint of the property);
(5)
When applicable, a statement of special inspections prepared in accordance
with the provisions of the Uniform Code; and
(6)
Three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and 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 buildings and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(6) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer for the property file, a second set shall be forwarded to the Assessors Office, and a third set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued or emergency circumstances exist.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within 12 months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
Upon application by the permit holder, payment of the applicable fee,
and approval of the application by the Code Enforcement Officer, the
Code Enforcement Officer may renew a building permit which has become
invalid or which has expired pursuant to this subsection.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 100-16, Fees, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit. The standard building permit fee shall be doubled for work which requires a permit and which commences prior to any approval having been issued by the Code Enforcement Office or for which a stop-work order has been issued. Additionally, any person found working without a permit over the weekend shall be subject to a fee increase of three times the standard rate.
L.
Fees for professional services retained by the Code Enforcement Officer
in the review of construction documents shall be the responsibility
of the building permit applicant.
M.
Truss-type identification.
[Added 5-2-2017 by L.L.
No. 4-2017]
(1)
As a result of advanced technology, many building contractors are
now using truss-type design. Incidences have shown that a hazard to
firefighters and first responders may exist. To eliminate this unacceptable
hazard, the State of New York is now requiring buildings using this
construction method to clearly identify it as a truss-type building
to warn firefighters and first responders.
(2)
Truss structure identification.
(a)
Identification required.
[1]
Truss-type construction shall be identified by a sign or signs in accordance with the provisions of this Subsection M.
[2]
Signs shall be affixed where a building or a portion thereof
is classified as Group A, B, E, F, H, I, M or S occupancy, and in
hotels and motels classified as Group R-1 or R-2 occupancy, in accordance
with the provisions for the classification of buildings per the IBC.
[3]
Signs shall be provided in newly constructed buildings that
utilize truss-type construction and in existing buildings where an
addition that extends or increases the floor area of the building
utilizes truss-type construction. Signs shall be affixed prior to
the issuance of a certificate of occupancy or a certificate of compliance.
Where a sign is directly applied to a door or sidelight, it may be
a permanent, nonfading sticker or decal. Signs not directly applied
to doors or sidelights shall be of sturdy, nonfading, weather-resistant
material.
(b)
Truss identification sign location and placement. When the sign
location is:
[1]
Exterior building entrance doors, exterior exit discharge doors,
and exterior roof access doors to a stairway, then the placement shall
be attached to the door, or attached to a sidelight or the face of
the building, not more than 12 inches (305 mm) horizontally from the
latch side of the door jamb, and not less than 42 inches (1,067 mm)
nor more than 60 inches (1,524 mm) above the adjoining walking surface.
[2]
Multiple contiguous exterior building entrance or exit discharge
doors, the placement shall be attached at each end of the row of doors
and at a maximum horizontal distance of 12 feet (3.65 m) between signs,
and not less than 42 inches (1,067 mm) nor more than 60 inches (1,524
mm) above the adjoining walking surface.
[3]
Fire Department hose connections, the placement shall be attached
to the face of the building, not more than 12 inches (305 mm) horizontally
from the center line of the Fire Department hose connection, and not
less than 42 inches (1,067 mm) nor more than 60 inches (1,524 mm)
above the adjoining walking surface.
(c)
Any person utilizing truss-type, pre-engineered wood or timber
construction for the erection of any new residential structure, for
any addition to an existing residential structure, or for any rehabilitation
of an existing residential structure shall, upon application for a
building permit with the City of Cortland, include on the permit application
that truss-type, pre-engineered wood or timber construction is being
utilized and that the property owner or the property owner's representative
shall complete a form designating the structure as truss-type, pre-engineered
wood or timber construction and file such form with the application
for a building permit. As a condition of the final receipt of a certificate
of occupancy or certificate of completion, a sign or symbol shall
be affixed to any electric box attached to the exterior of the structure,
if such an electric box exists. This section prescribes:
[1]
The form to be used by the property owner or property owner's
representative to designate a residential structure as truss-type,
pre-engineered wood or timber construction; and
[2]
The sign or symbol to be affixed to the exterior electric box,
if any, of a residential building that utilizes truss-type, pre-engineered
wood and/or timber construction.
(3)
ADDITION
AUTHORITY HAVING JURISDICTION
ELECTRIC BOX
EXISTING RESIDENTIAL STRUCTURE
IBC
IRC
NEW RESIDENTIAL STRUCTURE
PRE-ENGINEERED WOOD CONSTRUCTION
REHABILITATION
RESIDENTIAL STRUCTURE
TIMBER CONSTRUCTION
TRUSS-TYPE CONSTRUCTION
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An extension or increase in floor area or height of a residential
structure.
The City of Cortland Code Enforcement Office/Fire Department,
which is responsible for administration and enforcement of the State
Uniform Fire Prevention and Building Code with respect to the subject
residential structure.
The box, if any, mounted on the exterior of the residential
structure at the point of connection between the facilities of the
serving utility and the premises wiring.
A residential structure that is already in existence at the
time an addition or rehabilitation is commenced, without regard to
the date of original construction of the residential structure.
The 2015 New York State Building Code (International Building
Code, as amended by the 2016 Uniform Code Supplement).
The 2015 New York State Residential Code (International Residential
Code, as amended by the 2016 Uniform Code Supplement).
A residential structure constructed on or after January 1,
2015. For the purposes of this definition, the date of construction
of a residential structure shall be deemed to be the date of completion
of the original construction of such residential structure, and a
residential structure shall be deemed to be a new residential structure
if the original construction of such residential structure:
Construction that uses, for any load-supporting purpose(s),
girders, beams, or joists made using wood components (or wood-based
components) that are bonded together with adhesives (including, but
not limited to, prefabricated wood I-joists, structural glued laminated
timbers, structural log members, structural composite lumber, and
cross-laminated timber).
Any repair, renovation, alteration or reconstruction work
undertaken in an existing residential building.
Includes one-family dwellings, two-family dwellings, and
townhouses (as those terms are defined in the IRC), and structures
or portions of structures classified as Residential Group R in accordance
with the IBC (excluding, however, hotels and motels which are classified
as Group R-1 or R-2 occupancy in accordance with the IBC).
Construction that uses, for any load-supporting purpose(s),
solid or laminated wood having the minimum dimensions required for
structures built using Type IV construction (HT) in accordance with
the IBC.
Construction that uses, for any load-supporting purpose(s),
a fabricated structure of wood or steel, made up of a series of members
connected at their ends to form a series of triangles to span a distance
greater than would be possible with any of the individual members
on their own. Truss-type construction shall not include:
(4)
Notice. When truss-type construction, pre-engineered wood construction,
and/or timber construction is to be utilized in the construction of
a new residential structure or in an addition to or rehabilitation
of an existing residential structure, the owner of such structure,
or the owner's duly authorized representative, shall notify the City
of Cortland Code Enforcement Office of that fact. Such notice shall
be in writing and shall be provided with the application for a building
permit. In the case of a construction, addition or rehabilitation
project commenced prior to January 1, 2015, and not completed prior
to January 1, 2015, such notice shall be given as soon as practicable
after January 1, 2015, and in any event prior to the issuance of the
certificate of occupancy or certificate of compliance for such project.
The form to be used to give the notice required by this subsection
shall be provided to the applicant by the City of Cortland Code Enforcement
Office.
(5)
Sign or symbol identification.
(a)
When truss-type construction, pre-engineered wood construction,
and/or timber construction is utilized in the construction of a new
residential structure or in an addition to or rehabilitation of an
existing residential structure, such residential structure shall be
identified by a sign or symbol.
(b)
The sign or symbol shall be:
[1]
Affixed to the electric box attached to the exterior of the
residential structure or shall be affixed to the exterior wall of
the residential structure at a point immediately adjacent to the electric
box if affixing the sign or symbol to the electric box would obscure
any meter on the electric box, or if the utility providing electric
service to the residential structure does not allow the sign or symbol
to be affixed to the electric box.
[2]
If no electric box is attached to the exterior of the residential
structure or if the electric box attached to the exterior of the building
is not located in a place likely to be seen by firefighters or other
first responders responding to a fire or other emergency at the residential
structure, the sign or symbol shall be affixed to the exterior of
the residential structure in a location approved by the City of Cortland
Code Enforcement Office/Fire Department.
[3]
Affixed prior to the issuance of a certificate of occupancy
or a certificate of compliance. The City shall not issue a certificate
of occupancy or certificate of compliance until the required sign
or symbol is affixed.
(c)
The property owner shall be responsible for maintaining the
sign or symbol and shall promptly replace any such sign or symbol
that is affixed to an electric box when any change or modification
is made to such electric box. The property owner shall promptly replace
the sign or symbol if such sign or symbol is removed or becomes damaged,
faded, worn or otherwise less conspicuous to firefighters or other
first responders responding to a fire or other emergency at the residential
structure. The property owner shall keep the area in the vicinity
of the sign or symbol required by this subsection clear of all plants,
vegetation, and other obstructions that may hide or obscure such sign
or symbol or otherwise cause such sign or symbol to be less conspicuous
to firefighters or other first responders responding to a fire or
other emergency at the residential structure.
(d)
The sign or symbol indicating the utilization of truss-type
construction, pre-engineered wood construction and/or timber construction
shall comply with the requirements of this subsection:
[1]
The sign or symbol shall consist of a circle six inches (152.4
mm) in diameter, with a stroke width of 1/2 inch (12.7 mm). The background
of the sign or symbol shall be reflective white in color. The circle
and contents shall be reflective red in color, conforming to Pantone
matching system (PMS) #187.
[2]
The sign or symbol shall be of sturdy, nonfading, weather-resistant
material; provided, however, that a sign or symbol applied directly
to a door or sidelight may be a permanent, nonfading sticker or decal.
[3]
The sign or symbol shall contain an alphabetic construction
type designation to indicate the construction type of the residential
structure, as follows:
[a]
If the residential structure is subject to the
provisions of the IRC, the construction type designation shall be
"V"; and
[b]
If the residential structure is subject to the
provisions of the IBC, the construction type designation shall be
"I," "II," "III," "IV" or "V" to indicate the construction classification
of the structure per the IBC.
[4]
The sign or symbol shall contain an alphabetic location designation
to indicate the locations(s) containing truss-type construction, pre-engineered
wood construction and/or timber construction structural components,
as follows:
[5]
The construction type designation shall be placed at the 12:00
position of the sign or symbol, over the location designation, which
shall be placed at the 6:00 position of the sign or symbol.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation (including post or pier excavations);
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, i.e., electrical, plumbing, etc., including underground
and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 100-16, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
E.
Fees for professional services retained by the Code Enforcement Officer
for special inspections related to construction inspections shall
be the responsibility of the building permit applicant.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be in writing,
shall be dated and signed by the Code Enforcement Officer, shall state
the reason or reasons for issuance and, if applicable, shall state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work, which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 100-15, Enforcement; penalties for offenses, of this article or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance required. A
certificate of occupancy/certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
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/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/certificate
of compliance if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code and Energy Code and, if applicable, the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the Uniform Code and Energy Code. The Code Enforcement Officer
or an inspector authorized by the Code Enforcement Officer shall inspect
the building, structure or work prior to the issuance of a certificate
of occupancy/certificate of compliance. In addition, where applicable,
the following documents, prepared in accordance with the provisions
of the Uniform Code by such person or persons as may be designated
by or otherwise acceptable to the Code Enforcement Officer, at the
expense of the applicant for the certificate of occupancy/certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates of compliance.
A certificate of occupancy/certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance 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 or this certificate of occupancy; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines that the building or
structure, or the portion thereof, covered by the temporary certificate
may be occupied safely; that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational; that
all required means of egress from the building or structure are safely
operational; and that a satisfactory electrical inspection has been
performed. The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as they deem necessary or appropriate
to ensure safety or to further the purposes and intent of the Uniform
Code. A temporary certificate shall be effective for a period of time,
not to exceed one month, which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, the permit holder
shall undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy/certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
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.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
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;
(c)
Use of pyrotechnic devices (indoor or outdoor) within the City
limits;
(d)
Buildings or structures containing one or more areas of public
assembly with an occupant load of 100 persons or more;
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Common Council of this City.
(f)
Temporary or permanent installation of LP gas storage containers,
indoors or outdoors, exceeding 24 pounds' water capacity (10.8 kg).
B.
Applications for operating permits. An application for an operating
permit shall be in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
[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.
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 article,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the 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:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
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 § 100-15, Enforcement; penalties for offenses, of this article;
(3)
If appropriate, issuing a stop-work order;
(4)
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.
B.
Fee. A fee shall be assessed to a property where three or more complaints have been received by the Code Enforcement Office within any twelve-month period. Any 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.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel as mandated by the New York State Archives Record Retention
and Disposition Schedule MU-1. These include but are not limited to
records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy/certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Common Council of this City a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 100-13, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this City, on a form prescribed by the Secretary
of State, a report of the activities of this City relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this City is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this City in connection
with administration and enforcement of the Uniform Code.
A.
Notice of violation; order to remedy.
(1)
The Code Enforcement Officer is authorized to order, in writing,
the remedying of any condition or activity found to exist in, on or
about any building, structure, or premises in violation of the Uniform
Code, the Energy Code, or this article. Upon finding that any such
condition or activity exists, the Code Enforcement Officer shall issue
a notice of violation/order to remedy. The notice of violation/order
to remedy shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer or their
designee;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this article which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer shall cause the notice of violation/order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail. The Code Enforcement Officer
shall be permitted, but not required, to cause the notice of violation/order
to remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property, personally or by certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the notice of violation/order
to remedy.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this article, or any term or condition of any building
permit, certificate of occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this article, shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this City.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this City, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of or to enforce
any provision of the Uniform Code, the Energy Code, this article,
or any term or condition of any building permit, certificate of occupancy/certificate
of compliance, temporary certificate, stop-work order, operating permit,
notice of violation/order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
article. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this article, or any stop-work
order, notice of violation/order to remedy or other order obtained
under the Uniform Code, the Energy Code or this article, an action
or proceeding may be commenced in the name of this City, in the Supreme
Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subdivision shall be commenced
without the appropriate authorization from the Mayor of this City.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 100-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 100-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
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.[1]
[1]
Editor's Note: Said fee schedule is on file in the City offices.
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.
