Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
This chapter supersedes the:
A. 
Building Construction and Fire Prevention Law of the Town, adopted November 20, 2006, and its subsequent amendments; and
B. 
Outdoor Storage of Motor Vehicles Law of the Town, adopted April 18, 2005 and its subsequent amendments.
A. 
General. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
B. 
Other New York Codes, Rules and Regulations (NYCRR). Additional New York Codes, Rules and Regulations (NYCRR) exist that may affect new and existing buildings, structures, systems and equipment. Such regulations include, but are not limited to:
(1) 
19 NYCRR Part 300 (Universal Symbol of Access); and
(2) 
19 NYCRR Part 1261 (Recordkeeping - Smoke Detectors in Multiple Dwellings); and
(3) 
19 NYCRR Part 1264 (Identification of Buildings Utilizing Truss Type Construction); and
(4) 
19 NYCRR Part 1265 (Residential Structures with Truss Type Construction, Pre-Engineered Wood Construction and/or Timber Construction).
C. 
A violation of such provisions in the New York Codes, Rules and Regulations (NYCRR) shall constitute a violation of this chapter.
A. 
The legal occupancy of any structure existing on the date of adoption of this chapter shall be permitted to continue without change, except as otherwise specifically provided in the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo.
B. 
Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo, as applicable, for new construction or with any valid building permit for such occupancy.
C. 
Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo.
A. 
General. This chapter shall not be construed to relieve the responsibility of or lessen the responsibility of an owner as it pertains to compliance with the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo. Further, the Code Enforcement Officer or the Town shall not be held as assuming any liability by reason of the inspections authorized by this chapter or any permits or certificates issued under this chapter.
B. 
Agreements. An owner shall be responsible for compliance with this chapter regardless of any agreement between or among contractors, lessors, operators, occupants, tenants or other persons as to which party shall be responsible. It shall be the duty of every owner who performs or causes to perform work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems to comply with the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo.
Nothing in this chapter shall be construed to relieve persons engaged in construction or demolition operations from complying with other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on the owner, construction manager, general contractor, contractors, materialmen, registered design professionals, or other party involved in a construction or demolition project to engage in sound design and engineering, safe construction or demolition practices including but not limited to debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
The issuance of certificates, notices, orders, permits and/or any other action(s) prescribed in this chapter shall be classified as a Type II action pursuant to § 617.5(c)(19) of SEQRA as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of 19 NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.
In any case where a provision of this chapter is found to be in conflict with a provision of any ordinance or local law, or with a provision of any statute, rule, regulation, or order of the State of New York, the provision which established the higher standard for the promotion of the health, welfare and safety of the citizens of the municipality shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or local law existing on the effective date of this chapter, which established a lower standard for the promotion of the health, welfare and safety of the citizens of the municipality, the provisions of this chapter shall be deemed to prevail.
If any clause, sentence, paragraph, section or a part of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or a part thereof directly involved in a controversy in which such judgment shall have been rendered.
This chapter shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this law are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.
This chapter shall be operative immediately and effective upon being filed with the NYS Secretary of State pursuant to § 27 of the Municipal Home Rule Law of NYS as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.