This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code, and
the State Energy Conservation Construction Code (the Uniform Code)
in the Town of Lyons. This chapter is adopted pursuant to § 10
of the Municipal Home Rule Law. Except as otherwise provided within
this chapter, state law, or within the Uniform Code, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this chapter.
The Code Enforcement Officer may request and shall receive,
so far as may be necessary in the discharge of his or her duties,
the assistance and cooperation of the Fire Chief, and other departments
or officers and of all other municipal officers exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
The Code Enforcement Officer shall be responsible for enforcement
of the Multiple Residence Law of New York State, within the area of
responsibility of the Town of Lyons.
Where practical difficulties or unnecessary hardship may result
from enforcement of the strict letter of any provision of the Uniform
Code, applications for variances may be made to the Town Board in
accordance with 19 NYCRR Part 1207. Whenever it is claimed that the
Code Enforcement Officer misconstrued the Uniform Code in approving
or disapproving any application or granting or refusing to grant any
permit or certificate of code compliance, the person affected may
appeal from the decision of the Code Enforcement Officer to the Town
Board in accordance with 19 NYCRR Part 1207. Appeals from provisions
of the Multiple Residence Law, in accordance with § 325
of that law, may also be made to the Town Board.
Pursuant to Subdivision 1 of § 405.00 of the Penal
Law of the State of New York, the Code Enforcement Officer is hereby
designated the "permit authority" to grant and issue permits for the
public display of fireworks in accordance with the provisions of § 405.00
of the Penal Law.
The following definitions shall be used in the interpretation
and construction of this chapter.:
CODE ENFORCEMENT OFFICER
The municipal officer charged with the enforcement and administration
of this chapter and the Uniform Code.
DANGEROUS BUILDING
Any building or structure which has any or all of the following
conditions or defects to the extent that the life, health, property
or safety of the public or its occupants are endangered:
A.
Whenever any door, aisle, passageway, stairway, fire escape,
emergency escape window or other means of exit is not of sufficient
size or is not arranged or maintained so as to provide safe and adequate
means of exit in case of fire or panic.
B.
Whenever any portion thereof has been damaged by fire, explosion,
earthquake, wind, flood or by any other cause, is likely to partially
or completely collapse.
C.
Whenever any portion or member or appurtenance thereof is likely
to fall, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
D.
Whenever the building or structure, or any portion thereof,
because of dilapidation, deterioration or decay or any other cause,
is likely to partially or completely collapse.
E.
Whenever the building or structure, due to dilapidated condition,
deterioration, damage, inadequate exits, lack of required fire protection
equipment, lack of sufficient fire-resistive construction, faulty
electric wiring, gas connections or heating apparatus or other cause,
is determined by the Code Enforcement Officer to be a fire hazard.
F.
Whenever any building or structure is overcrowded or occupied
by more persons than is permitted by the Uniform Code.
G.
Whenever any building or structure, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, infestation,
inadequate light, heat, ventilation or sanitation facilities, or otherwise,
is determined by the Code Enforcement Officer to be unsanitary, unfit
for human occupancy or in such a condition that it is likely to cause
sickness or disease.
H.
Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or structure.
I.
Whenever any vacant building or structure is unsecured against
unauthorized entry, contains combustible materials, or has been deemed
abandoned for a period in excess of three years.
FIRE CHIEF
The chief officer of the fire department serving the Town
of Lyons, or a duly authorized representative.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
New York State Energy Conservation Construction Code, and any amendments
thereto.
The Town Board of the Town of Lyons may, by resolution, authorize
the Supervisor of the Town to enter into an agreement, in the name
of the Town of Lyons, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, 19 NYCRR Part 1203, or any other applicable
law.
From and after the date when this chapter takes effect, the
existing Town of Lyons local law governing Uniform Code enforcement,
and the existing Town of Lyons Unsafe Building Ordinance, to the extent
inconsistent with the provisions of this chapter, shall be superseded
and repealed.
If a court of competent jurisdiction should find any article,
section, subsection, paragraph, sentence, clause or provision of this
chapter to be invalid, in whole or in part, the effect of such decision
shall be limited to those articles, sections, subsections, paragraphs,
sentences, clauses or provisions which are expressly stated in the
decision to be invalid, and the remainder of this chapter shall be
and remain in full force and effect.