Town of Lansing, NY Building Codes

The purpose of the rules, regulations, and standards contained in this article are to:

Promote the safe, sanitary, and efficient construction of structures within the Town of Lansing;

Regulate development and construction of buildings, structures, and premises in a manner that will result in safe and orderly growth and development; and

Establish minimum standards and requirements by which buildings, structures, and premises are, inter alia, built, maintained, renovated, repaired, and constructed.

Pursuant to the New York State Town Law, and other provisions in the statutes and regulations of the State of New York, the Town of Lansing hereby empowers designated Town of Lansing officials to act pursuant to this article.

§ 108-2 Construction and definitions.

Should any provision, clause, requirement, or term of this article conflict with or be inconsistent with any provision of the New York State Town Law or the NYCRR pertaining to the subject matter hereof, mainly including 19 NYCRR Part 1203, this article shall apply and shall be deemed to supersede the New York State Town Law and the NYCRR pursuant to the powers granted to the Town of Lansing by the New York State Constitution, Article IX, and the Municipal Home Rule Law, § 10.

In this article, the following terms shall have the following definitions:

BUILDING PERMIT: A permit issued pursuant to § 108-4 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.

CERTIFICATE OF OCCUPANCY and/or CERTIFICATE OF COMPLIANCE: A certificate issued pursuant to § 108-7 of this article.

CODE ENFORCEMENT OFFICER: The Code Enforcement Officer of the Town of Lansing.

CODE ENFORCEMENT PERSONNEL: The Code Enforcement Officer and all inspectors, including, but not limited to building inspectors and electrical inspectors.

COMPLIANCE ORDER: An order issued by the Code Enforcement Officer pursuant to § 108-15 of this article.

ENERGY CODE: The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

INSPECTOR: An inspector appointed pursuant to, or identified in, § 108-3 of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

OPERATING PERMIT: A permit issued pursuant to § 108-10 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.

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.

STOP-WORK ORDER: An order issued pursuant to § 108-6 of this article.

TEMPORARY CERTIFICATE: A certificate issued pursuant to § 108-7 of this article.

TOWN: The Town of Lansing.

TRUSS LABEL: A sign, symbol, or glyph as designed and approved by the State of New York and the Code Enforcement Officer that must be and remain visibly affixed to any residential exterior electric panel or the exterior of any residential regulated structure that is in and of a design, size, location, and condition as required by law.
[Added 3-18-2015 by L.L. No. 3-2015[1]]

TOWN BOARD: The Town Board of the Town of Lansing.

UNIFORM CODE: The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

Editor's Note: This local law also provided that the Town Board may by resolution adopt and amend such fees as are necessary to provide for the review of truss label information, inspections, and the obtaining and providing of truss labels approved by the Code Enforcement Officer for posting upon structures within the Town.

§ 108-3 Code Enforcement Officer and inspectors.

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:

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;

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;

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;

To issue stop-work orders;

To review and investigate complaints;

To issue orders pursuant to § 108-15, Enforcement; penalties for offenses, of this article;

To maintain records;

To collect fees as set by the Town Board;

To pursue administrative enforcement actions and proceedings;

In consultation with the Town's Attorney, 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.

The Code Enforcement Officer shall be appointed by the Town Board. 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. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.

One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to 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.

The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board.

§ 108-4 Building permits.

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. 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 building permit shall be required for work in any of the following categories:

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 100 square feet;

Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

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;

Installation of fences which are not part of an enclosure surrounding a swimming pool;

Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

Construction of temporary motion picture, television, and theater stage sets and scenery;

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

Installation of partitions or movable cases less than five feet nine inches in height;

Painting, wallpapering, tiling, carpeting, or other similar finish work;

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(11)

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

(12)

Repairs, provided that such repairs do not involve:

The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load bearing component;

The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

The enlargement, alteration, replacement or relocation of any building system; or

The removal from service of all or part of a fire protection system for any period of time.

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.

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 where the work is to be performed, or by an authorized agent of the owner. 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:

A description of the proposed work;

The Tax Map number and the street address of the premises where the work is to be performed;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

At least two sets of construction documents (drawings and/or specifications) which:

Define the scope of the proposed work;

Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

Substantiate that the proposed work will comply with the Uniform Code and the 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.

Any residential building, structure or improvement that proposes to or does utilize any truss type, pre-engineered wood or timber construction shall disclose such facts in the application for a building permit, and all such building permit applications shall also be accompanied by such completed forms and information as are required by the Code Enforcement Officer in relation to the requirements of New York State law and the proper obtaining and posting of any truss label for qualifying new residential construction or repairs.

[Added 3-18-2015 by L.L. No. 3-2015[1]]

Editor's Note: This local law also provided that the Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this local law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity.

Upon receiving any application for a building permit or the form designating the structure as truss type, pre-engineered wood or timber construction, the Code Enforcement Officer shall notify by certified mail, facsimile, e-mail or other electronic means, the chief of the fire district, fire department, or fire company having jurisdiction over the structure to be erected, added to, or modified, or his or her designee, that truss type, pre-engineered wood or timber construction is being utilized. In addition, the Code Enforcement Officer shall consult with the county fire coordinator, local 911 and emergency dispatchers, and the local fire protection provider, as necessary, to determine the manner by which such agencies shall be provided notice as is sufficient to provide notice and warning of the existence of truss type, pre-engineered wood or timber construction in the structure to persons conducting fire control and other emergency operations.

[Added 3-18-2015 by L.L. No. 3-2015[2]]

[2]

Editor's Note: See also Editor's Note on § 108-4D(6).

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. 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, and one 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, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

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.

Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

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.

Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this section may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

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 1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and 2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

The fee specified in or determined in accordance with the provisions set forth in § 108-16, Fees and administrative powers, 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.

§ 108-5 Construction inspections.

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 is ready for inspection.

The following elements of the construction process shall be inspected, where applicable:

Work site prior to the issuance of a building permit;

Footing and foundation;

Preparation for concrete slab;

Framing;

Building systems, including underground and rough-in;

Fire-resistant construction;

Fire-resistant penetrations;

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

Energy Code compliance; and

A final inspection after all work authorized by the building permit has been completed.

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, re-inspected, and found satisfactory as completed.

The fee specified in or determined in accordance with the provisions set forth in § 108-16, Fees and administrative powers, of this article must be paid prior to or at the time of each inspection performed pursuant to this article.

§ 108-6 Stop-work orders.

The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this article. The Code Enforcement Officer shall issue a stop-work order to halt:

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

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

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.

Stop-work orders shall:

Be in writing;

Be dated and signed by the Code Enforcement Officer;

State the reason or reasons for issuance; and

If applicable, state the conditions which must be satisfied before work will be permitted to resume.

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 registered 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 registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the 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.

The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this article, 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 § 108-15, Enforcement; penalties for offenses, of this article, or under any other applicable local law or state law or regulation, including, but not limited to, the New York State Executive 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.

§ 108-7 Certificates of occupancy and compliance.

A certificate of occupancy and/or 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 any portion thereof, for which a building permit was previously issued, shall be granted only by issuance of a certificate of occupancy and/or certificate of compliance. No residentially based certificate of occupancy or certificate of compliance shall be issued unless a truss label is properly obtained and properly posted upon the structure in a location as approved by the Code Enforcement Officer.

[Amended 3-18-2015 by L.L. No. 3-2015[1]]

Editor's Note: See also Editor's Note on § 108-4D(6).

The Code Enforcement Officer shall issue a certificate of occupancy and/or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Building Codes 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 Building Codes. 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 certificate of occupancy and/or certificate of compliance. In addition, where applicable, the following documents, prepared at the expense of the applicant for the certificate of occupancy and/or certificate of compliance and prepared in accordance with the provisions of the Building Codes by such person or persons as may be designated by, or otherwise acceptable to, the Code Enforcement Officer, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy and/or certificate of compliance:

[Amended 12-16-2009 by L.L. No. 8-2009]

A written statement of structural observations and/or a final report of special inspections; and

Flood hazard certifications; and

Electrical inspection certificates of compliance that show that the inspection was performed by a NYS certified electrical inspector and passed such inspection pursuant to the requirements of the NYS Building Code, the International Residential Code, the National Electrical Code, the requirements of the National Fire Protection Association, and applicable electrical utility specifications. The term "NYS Certified Electrical Inspector" means a person who:

Has passed the NYS Civil Service Examination, is eligible for appointment as an electrical inspector according to the rules of the Civil Service Commissioner, and so appointed by the Town; and/or

As to one- and two-family dwellings, has been certified as a residential electrical inspector by the International Association of Electrical Inspectors; and/or

Has been certified as a master electrical inspector by the International Association of Electrical Inspectors; and/or

Is otherwise qualified by law and has proper credentials to conduct electrical inspections and issue certificates of compliance in accord with applicable codes and requirements.

A certificate of occupancy and/or certificate of compliance shall contain the following information:

The building permit number, if any;

The date of issuance of the building permit, if any;

The name, address and Tax Map number of the property;

If the certificate of occupancy and/or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which certificate of occupancy and/or certificate of compliance is issued;

The use and occupancy classification of the structure;

The type of construction of the structure, including a statement as to whether the structure contains any truss type, pre-engineered wood or timber construction in the structure;

[Amended 3-18-2015 by L.L. No. 3-2015[2]]

[2]

Editor's Note: See also Editor's Note on § 108-4D(6).

The assembly occupant load of the structure, if any;

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

Any special conditions imposed in connection with the issuance of the building permit; and

The signature of the Code Enforcement Officer issuing the certificate of occupancy and/or certificate of compliance and the date of issuance.

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;

Any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and

All required means of egress from the building or structure have been provided

The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems 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 two months, 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.

If the Code Enforcement Officer determines that a certificate of occupancy and/or certificate of compliance, or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, or due to an error in issuance committed by the Code Enforcement Officer or any inspector, 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 fee specified in or determined in accordance with the provisions set forth in § 108-16, Fees and administrative powers, of this article must be paid at the time of submission of an application for a certificate of occupancy and/or certificate of compliance, or for a temporary certificate.

In order to maintain any residentially based certificate of occupancy or certificate of compliance all property owners (or his or her representatives) shall be responsible for maintaining the truss label and shall replace the same whenever required by law, by any order of the Code Enforcement Officer, or whenever any changes or modifications are made to the electric box or other location where posted, or whenever the truss label becomes unreadable, damaged, or no longer remains affixed at its required location. In addition, any defacement, alteration, removal, or failure to comply with the truss label requirements of this article, or with the laws and regulations of the State of New York shall be and be deemed a violation hereunder.

[Added 3-18-2015 by L.L. No. 3-2015[3]]

[3]

Editor's Note: See also Editor's Note on § 108-4D(6).

§ 108-8 Notification regarding fire or explosion.

The chief of any fire department providing firefighting services for a property within the Town, and any person owing any building, structure or property, shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 108-9 Unsafe building and structures.

[Amended 3-18-2015 by L.L. No. 3-2015[1]]

Unsafe buildings, structures, and equipment in the Town shall be identified and addressed in accordance with the procedures established by Chapter 112, Buildings, Unsafe, of the Code of the Town of Lansing, as now in effect or as hereafter amended from time to time. In addition, any building or structure that is required to have a properly displayed truss label and does not have such truss label properly displayed shall be and be deemed an unsafe building or structure.

Editor's Note: See also Editor's Note on § 108-4D(6).

§ 108-10 Operating permits.

Requirements.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

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) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR § 1225.1;

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;

Use of pyrotechnic devices in assembly occupancies;

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(e)

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board.

Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.

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.

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.

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 his or her discretion, issue a single operating permit to apply to all such activities.

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.

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.

The fee specified in or determined in accordance with the provisions set forth in § 108-16, Fees and administrative powers, of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 108-11 Firesafety and property maintenance inspections.

Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:

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.

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

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.

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; or 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 section 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.

Nothing in this article 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/or the New York State Fire Administrator (NYSFA) under Executive Law § 156-e and Education Law § 807-b. If any property, building, structure, dwelling, has been or is inspected by OFPC or the NYSFA, the Code Enforcement Officer may, but is not required to, decline to perform firesafety and property maintenance inspections.

§ 108-12 Complaints.

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 article, 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:

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

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 § 108-15, Enforcement; penalties for offenses, of this article;

If appropriate, issue a stop-work order;

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.

The Code Enforcement Officer may take such other or further steps as may be authorized by any law, rule or regulation of the United States, the State of New York, the County of Tompkins, and/or the Town, or as may be authorized by and/or consistent with the Uniform Code and the Energy Code. The specifications of the steps in Subsection A(1) through (4) in this section shall not be deemed or construed to limit the authority of the Code Enforcement Officer to take any other steps as may be proper, desirable, or necessary to investigate any complaint.

§ 108-13 Recordkeeping.

The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

All applications received, reviewed, approved or denied;

All plans, specifications, and construction documents approved;

All building permits, certificates of occupancy and/or certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;

All inspections and tests performed;

All statements and reports issued;

All complaints received;

All investigations conducted;

All other features and activities specified in or contemplated by §§ 108-4 through 108-12, inclusive, of this article; and

All fees charged and collected.

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.

§ 108-14 Program review and reporting.

The Code Enforcement Officer shall annually submit to the Town Board 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 § 108-13, Recordkeeping, of this article, and a report and summary of all appeals or litigation pending or concluded.

The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.

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 of the Town, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.

§ 108-15 Enforcement; penalties for offenses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Compliance order. 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 compliance order.

The compliance order shall:

Be in writing;

Be dated and signed by the Code Enforcement Officer;

Specify the condition or activity that violates the Uniform Code, the Energy Code, or this article;

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.

The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, or this article. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.

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 and/or 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 guilty of a violation or misdemeanor, as the case may be, as set forth below, and subject to the following fines, penalties, and remedies.

First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action.

Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action.

Each week that any noncompliance or violation continues is and may be charged as a separate violation and, in addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.

Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin or restrain the continuation of such violation, to prevent, restrain, enjoin, correct, enforce, or abate any violation (including any threatened violation) of, or nonconformance with, any provision or requirement of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy or certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. The court may also declare the rights and interests of any parties, impose or collect any civil penalties, or award any damages or other relief requested. In any action seeking equitable relief or injunctions, including under Article 63 of the New York Civil Practice Law and Rules, the Town shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the Town has no adequate remedy at law. Such action, and any other action or proceeding, may be instituted in the name of the Town in any court of competent jurisdiction, but no such action or proceeding shall be commenced without appropriate authorization from the Town Board.

The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. The assertion or assessment of any such remedy or penalty specified in this chapter shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties, nor shall the same limit any right of the Town or its agents and officers to issue or enforce stop-work orders, or other orders or notices relating to this chapter or any procedures or penalties specified in §§ 381 and 382 of the New York State Executive Law.

§ 108-16 Fees and administrative powers.

[Amended 7-18-2007 by L.L. No. 4-2007]

In addition to any other power, right or privilege of the Code Enforcement Officer as provided in this article or under New York State law, the Code Enforcement Officer shall have the following powers, rights, and privileges:

The Code Enforcement Officer shall administer and enforce the provisions of this article, including, but not limited to, the establishment and collection of fees for all inspections, including, but not limited to, electrical and fire and safety code inspections. The fees set forth in, or determined in accordance with such fee schedule(s) [or any future amended fee schedule(s)] and this article, shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy and/or certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, electrical inspections, swimming pool inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article.

In accord with New York State law, fees shall be set in amounts deemed reasonably related to the cost of such inspections and shall not be set in any manner as to be designed to generate revenue.

Fee schedules shall be reviewed annually by the Code Enforcement Officer, who shall, each November, recommend to the Town Board whether any changes to any fee schedules are warranted. Whether amended or not, such fee schedules shall be approved annually by the Town Board by resolution at its annual Organizational Meeting, or such other Regular Meeting or Special Meeting called for such purpose as the Town Board determines or directs. Such fee schedules shall be and be deemed a part of this article, and set forth herein as Schedule A.[1]

Editor's Note: Said fee schedules are on file in the Town offices.

All electrical inspections in the Town of Lansing (but outside the Village of Lansing) shall be conducted by the Town electrical inspector pursuant to the requirements of the National Electrical Code, as now exists or hereafter amended or re-codified.

§ 108-17 Limitation of liability and indemnity.

The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this article, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity.

Article II Swimming Pools

[Adopted 6-20-2007 by L.L. No. 3-2007]

§ 108-18 Title and application.

This article shall be known as "Local Law Number 3 of 2007." Local Law Number 3 of 2007 applies only within those portions of the Town of Lansing, Tompkins County, New York, that are outside of the Village of Lansing. This article does not replace or supplant any requirements of the New York State Building and Fire Code and the New York State Energy Code (herein together, the "Building Codes"), nor any provision of Chapter 108, Article I, Administration and Enforcement, of the Code of the Town of Lansing.

§ 108-19 Purpose.

The Town of Lansing believes that many noncompliant swimming pools exist within the Town because the Building Codes allow construction permit renewals that can create a situation where the pool is under permit to be built, but also in use, even though compliance with the Building Codes does not yet exist or is not yet required. The Town Code Enforcement Office and the Town Board have determined, and hereby declare, that such problem poses a threat to the safety and health of residents of the Town of Lansing, and particularly to children in proximity to such swimming pools.

§ 108-20 Definitions.

The following terms and phrases have the following meanings:

CEO: The Town Code Enforcement Officer, the Town building inspector, and/or the Town electrical inspector, and/or their respective designees.

PERSON: Any individual, corporation, limited liability company, partnership, or other group or entity.

SWIMMING POOL: Any water (or body of water) contained by a vessel usually, but not exclusively, formed or constructed of steel, concrete or fiberglass that is capable of containing over 24 inches in water depth and/or which has a surface area exceeding 150 square feet.

TOWN: The Town of Lansing, New York.

TOWN BOARD: The Town Board of the Town of Lansing, New York.

§ 108-21 Swimming pool permits.

[Amended 3-18-2009 by L.L. No. 4-2009]

All swimming pools (and related appurtenances, water supplies, and drainage systems, and other features thereof) shall be constructed in conformity with the Building Codes and Chapter 108, Article I, Administration and Enforcement, of the Code of the Town of Lansing. Notwithstanding any other requirement of law or of the Building Codes or said Article I of this chapter, the following rules shall apply to the issuance and renewal of building and other permits for the construction of swimming pools:

All permits and renewal permits shall be renewable for successive periods of time not to exceed six months per permit, except that storable/portable pools shall have three-month permit lengths and shall not need an annual permit for each year they are assembled or set up so long as the certificate of compliance has been issued, and the same pool upon which any permit was issued is reinstalled in the same location each year or each time such pool is assembled or set up.

The swimming pool shall be completed within 12 months of the date of issuance of the first permit therefor. "Completed" means properly built and constructed, in compliance with the Building Codes and Article I of this chapter, duly inspected, and for which a certificate of occupancy or certificate of compliance has issued, as applicable.

If on the twelve-month anniversary of the issuance of the first permit, the swimming pool has not received a certificate of occupancy or certificate of compliance, as applicable, then the swimming pool shall be filled in with dirt and tightly tamped (or filled with another hard substance as approved by the CEO), or removed in its entirety.

The CEO may set the fees for issuance of permits and renewals thereof.

§ 108-22 Inspection.

The CEO shall have authority to enter upon any premises as may be deemed necessary to inspect work done and installations made under permits issued by the Building Department.

§ 108-23 Penalties for offenses.

In addition to any other right or remedy allowed by law or in equity, the Town Board may maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision or requirement of this article. Any violation or noncompliance with this article may be restrained or otherwise abated in any manner provided by law. In addition, the following fines and penalties may be imposed for the violation of, or noncompliance with, this article, and the following rules apply:

Penalties and remedies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.

Any person or entity that violates any of the provisions of this chapter shall be (1) guilty of a criminal violation and subject to a fine of not more than $250, or (2) subject to a civil penalty of not more than $500 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation.