[Ord. No. 94-2 § 1]
Pursuant to Section 29-253 of the Connecticut General Statutes
(Revision of 1958), the Town of Brooklyn adopts the State Building
Code, including any amendments to this Code adopted by the State Building
Inspector and Codes and Standards Committee, as the Building Code
for the Town of Brooklyn.
[Ord. No. 94-2 § 2]
The Building Code adopted herein shall control all matters concerning
the construction, alteration, addition, repair, removal, demolition,
use, location, occupancy and maintenance of all buildings and structures,
and shall apply to existing or proposed buildings and structures,
except as such matters are otherwise provided for in other ordinances
or statutes, or in the rules and regulations authorized for promulgation
under the provisions of the State Building Code.
[Ord. No. 94-2 § 3]
The Code shall be construed to secure its expressed intent,
which is to insure public safety, health, and welfare, insofar as
they are effected by building construction, through structural strength,
adequate means of egress facilities, sanitary equipment, light and
ventilation, and fire safety; and, in general, to secure safety to
life and property from all hazards incident to the design, erection,
repair, removal, demolition or use and occupancy of buildings, structures
or premises. When the provisions herein specified for health, safety,
and welfare are more restrictive than other regulation, this Code
shall control; but in any case, the most rigid requirements of either
the Building Code or other regulations shall apply whenever they conflict.
[Ord. No. 94-2 § 4a,
b, c]
a. Term; Qualifications. The Chief Executive Officer shall appoint an
officer to administer the Code for a term of four years and until
the successor qualifies, and quadrennially thereafter shall so appoint
a successor. The officer shall be known as the Building Official.
The Building Official, to be eligible for appointment, shall have
had at least five years experience in construction, design or supervision.
b. Duties. The Building Official shall pass upon any question relative
to the mode, manner of construction or materials to be used in erection
or alteration of buildings or structures, pursuant to applicable provisions
of the State Building Code and in accordance with rules and regulations
adopted by the Department of Public Safety. He shall require compliance
with the provisions of the State Building Code, of all rules lawfully
adopted and promulgated thereunder and of laws relating to the construction,
alteration, repair, removal, demolition and interval equipment and
location, use, accessibility, occupancy and maintenance of buildings
and structures, except as may be otherwise provided for.
c. Right of Entry. The Building Official shall have the right of entries
to such buildings or structures, except single-family residences,
for the proper performance of his duties between the hours of 9:00
a.m. and 5:00 p.m., except that in the case of emergency he shall
have the right of entry at any time, if such entry is necessary in
the interest of public safety.
[Ord. No. 94-2 § 5a,
b, c]
a. Composition. A Municipal Board of Appeals consisting of five members
shall be appointed in accordance with Chapter 541 of the Connecticut
General Statutes by the Chief Executive Officer.
b. Qualifications. Each member other than one member appointed from
the general public shall have had at least five years experience in
either building design or construction or supervision of construction.
c. Powers. When the Building Official rejects or refuses to approve
the mode or manner of construction proposed to be followed or the
materials to be used in the erection or alteration of a building or
structure, or when it is claimed that the provisions of the Code do
not apply or that an equally good or more desirable form of construction
can be employed in a specific case, or when it is claimed that the
true intent and meaning of the Code and regulations have been misconstrued
or wrongly interpreted, and the permit, in whole or in part, has been
refused by the Building Official, the owner of such building or structure,
whether already erected or to be erected, or his authorized agent
may appeal in writing from the decision of the Building Official to
the Board of Appeals. Upon receipt of an appeal from an owner or his
representative, the chairman of the Board of Appeals shall appoint
a panel of not less than three members of the Board to hear the appeal.
The appeal shall be heard in the Town of Brooklyn within five days,
exclusive of Saturdays, Sundays and legal holidays, after the date
of receipt of the appeal. The panel shall render a decision upon the
appeal and file the same with the Building Official from whom the
appeal has been taken not later than five days, exclusive of Saturdays,
Sundays and legal holidays, following the day of the hearing thereon.
A copy of the decision shall be mailed, prior to filing, to the party
taking such appeal. Any person aggrieved by the decision of the panel
may appeal to the Codes and Standards Committee within seven days
after the filing of the decision with the Building Official.
[Ord. No. 94-2 § 6]
Any requirement essential for structural, fire or sanitary safety
of an existing or proposed building or structure, or essential for
the occupants thereof, and which is not specifically covered by this
Code, shall be determined by the Code Official.
[Ord. No. 94-2 § 7]
The continuation of occupancy or use of a building or structure,
or of a part thereof, contrary to the provisions of this Code, shall
be deemed a violation and subject to the penalties prescribed in Section
117.0 of the State Building Code.
[Ord. No. 94-2 § 8; Ord. No. 06-2 § 1]
a. The Code Official shall keep an accurate account of all fees collected,
and such collected fees shall be deposited weekly in the Treasury
of the Town of Brooklyn.
b. Fee Schedule. A fee for each plan examination, building permit, and
inspections shall be paid in accordance with the following schedule:
1. New Construction.
(a)
Permits for costs in excess of $1,000.00 will be $10.00 per
$1,000.00 or fraction thereof.
(b)
The fee for renewal of a lapsed permit shall be $20.00.
2. Additions and Alterations:
(a)
Any additions to an existing building or structure or any alterations
involving structural changes, the fee shall be the same as new construction.
3. Moving a Structure.
(a)
For moving a building or structure on the same lot, $25.00 shall
be levied.
(b)
For moving a building or structure, whose structural dimensions
are greater than 10 feet wide, 10 feet high and 20 feet long or of
more than 2,000 cubic feet, in any street a fee of $100.00 shall be
levied. The moving of all buildings or structures shall be advertised
once in the local newspaper and the fee for the advertisement paid
by the applicants in addition to the permit fee. Buildings or structures
of 10 feet by 10 feet by 20 feet or 2,000 cubic feet or less are exempt
from fees.
(c)
In addition, if in the opinion of the Board of Selectmen, it
will be necessary to re-route traffic or provide Police protection
for the safety of the general public any such cost in connection therewith
shall be paid by the person, firm or corporation to whom such permit
is issued.
4. Structural Demolition.
(a)
Buildings up to 2,500 square feet - no charge.
(b)
For buildings from 2,500 to 5,000 square feet a $7.00 fee is
required.
(c)
There is a $7.00 charge for each additional 5,000 square feet
or part thereof.
(d)
In addition, when a demolition permit has been issued, and in
the opinion of the Board of Selectmen it will be necessary to re-route
traffic or provide Police safety of the general public, any such costs
in connection therewith shall be paid by the person, firm or corporation
to whom such permit is issued.
(e)
All demolition permits are for 30 days. The Board of Selectmen
may extend the time limit for valid reasons.
c. The fee requirements of this section shall not apply to buildings
or structures of the United States, State of Connecticut or the Town
of Brooklyn.
[Ord. No. 94-2 § 9]
Any person, firm, or corporation who shall continue work in
or about a building after having been served with a stop work order,
except such work as he is directed to perform to remove a violation
or unsafe conditions, shall be liable to a fine of not less than $200.00
nor more than $1,000.00, or imprisoned not more than six months or
both. Each day that a violation continues shall be deemed a separate
offense.
[Ord. No. 94-2 §§ 10,
11]
If any court of competent jurisdiction should declare any portion
of this section to be invalid, the remaining sections thereof shall
be severed therefrom and shall have continuing effect.
This section shall take effect 15 days after publication, and
publication shall be in summary form as provided by Section 7-157
(b) of the General Statutes (Revision of 1958).
[Ord. No. 95-1 § 1,
2]
a. Pursuant
to the authority of Public Act 95-320, it will be the policy of the
Town to withhold approval of building applications when taxes are
delinquent for the property for which an application is made.
b. Waiver.
In the event that a taxpayer seeking an application is contesting
the underlying tax assessment, or in cases of unusual hardship, the
Board of Selectmen may waive the denial of approval set forth in this
section.
[Ord. 2/21/89 § 1]
As used in this section:
[Ord. 2/21/89 § 2]
No owner of a building containing multiple dwelling units shall
rent or lease any unit within such building before providing the Building
Inspector or his designee with a list of all tenants residing in such
building, and their individual unit or apartment numbers, which list
shall be updated by the owner of the building within three working
days of the time a vacancy occurs.
[Ord. 2/21/89 §§ 3—6]
a. Permit Required. No multiple dwelling unit, once vacated, shall be
re-occupied before the owner of the building containing such dwelling
unit shall obtain from the Building Inspector or his designee a "permit
for multiple dwelling unit occupancy" for the particular unit.
b. Forms. The Building Inspector's office shall make available
necessary forms for providing the list of tenants and for applying
for such permit.
c. Term of Permit. Any permit obtained for a particular unit shall be
valid for a period of one year from the date of issue or until the
particular unit is vacated, whichever is longer.
d. Inspection of Unit; Fee. No such permit shall be issued until the
Building Inspector or his designee has inspected the dwelling unit
and approved such unit and its appurtenant facilities as being in
conformity with all applicable State and Town Codes and until a fee
of $15.00 per dwelling unit has been paid to the Building Inspector's
office.
[Ord. 2/21/89 § 7]
Such inspection by the Building Inspector or his designee shall
be completed with three working days from the date the application
for a "permit for multiple dwelling unit occupancy" is filed or the
requirement for such permit shall be considered waived.
[Ord. 2/21/89 § 8]
Any violation of a provision of this section shall require,
upon conviction, a fine of $99.00 dollars for each day that such violation
occurs.
[Ord. 2/21/89 § 9]
Exempted from the application of this section shall be buildings
less than five years old, hotels, motels, inns, lodging houses and
rooming houses.
[Ord. 2/21/89 § 10]
Any person aggrieved by the action of the Building Inspector's
office in enforcing this section shall have the right to appeal to
the Superior Court as provided by the Connecticut State Statutes.
[Ord. 2/21/89 § 11]
Any owner of a building containing multiple dwelling units which
is not exempted from the application of this section shall notify
the Building Inspector's office within three working days of
any fire and obtain a new permit or permits of multiple dwelling unit
occupancy, as applicable, upon payment of a $15.00 dollars fee for
each rental dwelling unit and not to exceed $50.00 per fire in the
building.
[Ord. 1/23/63 §§ 1, 10]
As used in this section:
DANGEROUS BUILDINGS
Shall mean that all buildings or structures which have any
or all of the following defects shall be deemed "dangerous buildings"
and shall constitute a public nuisance.
a.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Town of Brooklyn.
b.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or employment,
or are likely to cause sickness or disease, so as to work injury to
the health, morals, safety or general welfare of those living or employed
therein.
c.
Those having parts thereof which are so attached that they may
fall and injure members of the public or property.
d.
Those which because of their condition are unsafe, unsanitary,
or dangerous to the health, morals, safety or general welfare of the
people of this Town.
OWNER
Shall mean any individual, firm, partnership, corporation
or association.
[Ord. 1/23/63 § 2]
The Fire Marshal shall inspect, as often as may be necessary, all buildings and premises in the Town except the interiors of private dwellings for the purpose of determining whether any conditions exist which render such places as "dangerous buildings" within the terms of subsection
8-4.1.
[Ord. 1/23/63 § 3]
Whenever the Fire Marshal in making an inspection as provided in the preceding section shall find that any building or structure is a "dangerous building" within the standards set forth in subsection
8-4.1, he shall order said "dangerous building" to be repaired or demolished.
[Ord. 1/23/63 § 4]
The Fire Marshal making an order as provided in subsection
8-4.3 shall cause such order to be put in writing and served upon the owner of the premises affected, or upon the owner's agent in charge of such premises, as the circumstances may require. Such order shall be personally served upon such owner or agent by the Fire Marshal by delivering to the owner or agent a true copy thereof; provided, however, that when such owner or agent cannot be found within the Town, or when the premises are unoccupied, service may be made upon the owner or agent by registered mail. The person serving such order shall certify upon the original order the date of the service, and how and upon whom it was made.
[Ord. 1/23/63 § 5]
The owner of the premises or the owner's authorized agent in charge thereof may, within 10 days after the service of an order as provided in subsection
8-4.4, request a hearing upon such order before the Selectmen. The Selectmen shall conduct the hearing, after due notice to the owner or agent and the Fire Marshal, of the time and place thereof, and shall review such order and may affirm, repeal, or modify it. The Selectmen shall render their decision upon such order within 10 days from the date of the hearing.
[Ord. 1/23/63 § 6]
Any person upon whom an order has been served as provided in subsection
8-4.4 hereof shall comply with such order within 10 days after the service thereof or, if a hearing is requested, within 10 days after the Selectmen have rendered their decision upon such hearing, provided however, that for good cause shown the Selectmen may extend the time for complying with such order for a period not exceeding 90 days.
[Ord. 1/23/63 § 7]
If the owner fails to comply with the order provided for in subsection
8-4.3 hereof, the Fire Marshal shall file a written complaint with the Prosecuting Attorney of the 11th District Circuit Court requesting the prosecution of the owner.
[Ord. 1/23/63 § 8]
The owner of any "dangerous buildings" who shall fail to comply
with any order to repair or demolish the building or structure shall
upon conviction thereof be fined not exceeding $250.00 for each offense.
Each day said owner shall fail to comply with the order shall constitute
a separate offense.
[Ord. 3/19/87 §§ 1—6]
a. The Town adopts as a numbering system for all property and structures
fronting on any street or highway within the Town those specifications
shown on a set of maps on file in the office of the Town Clerk, entitled
"Town of Brooklyn—Street Numbering System, 1986."
b. The Town shall henceforth notify all property owners in Town of the
number assigned to their property, and in the future the Zoning Enforcement
Officer shall issue numbers on future construction. The Town may change
numbers if necessary to maintain coherence.
c. Within 90 days of receiving notice of the number assigned, each owner,
agent, or occupant of each building shall affix, in a conspicuous
place either upon the building and on a mailbox or similar object,
the correct assigned number. The number shall be visible and readable
from the street or highway and the style shall be in block numbers,
at least three inches in height. No script, old English, or Roman
numerals shall be used.
d. Each owner, agent, or occupant of any building or part thereof who
shall fail to affix the number assigned within 90 days of receiving
notice shall be guilty of an infraction, and upon conviction of such
shall be liable for the imposition of a fine not to exceed $20.00.
Each day in which the failure to affix a number continues shall constitute
a separate and distinct offense.
e. Where multiple buildings are located on a single property, the buildings
shall be identified by letter A, B, C, etc. Each apartment within
a building shall be issued a number such as A1, etc.
f. The Town may assign numbers to private roads which have not been
accepted by the Town, or which pass through private property. Such
assignment of numbers shall not be construed as acceptance of such
streets or highways or any portion thereof by the Town.
[Ord. No. 3/19/87 § 7]
To ensure that street numbering system is correct and understandable
and that there is no confusion in street names, the following streets
and roads shall henceforth be officially recognized by the names indicated
herein:
a. A road beginning at an intersection with South Main Street and running
south through an intersection with Middle Street, thence through an
intersection with Front Street and ending at an intersection with
Quebec Square shall be Tiffany Street.
b. A road beginning at a property line approximately 751 feet + or -
west of an intersection with Tiffany Street and Quebec Square and
running easterly approximately 751 feet + or -, thence running southerly
approximately 537 feet + or -, thence running westerly approximately
718 feet + or - to an end at a property line shall be Quebec Square.
c. A road running from Wolf Den Road east to an intersection with Pomfret
Road and Providence Road (as shown on a map entitled "Center of Brooklyn/Scale
1" = 50 feet 26 March 1986 Part of Map 24") shall be Wolf Den Road.
d. A road running from an intersection with Wolf Den Road southerly
to an intersection with Hartford Road (as shown on a map entitled
"Center of Brooklyn/Scale 1" = 50 feet 26 March 1986 Part of Map 24")
shall be Putnam Place.
e. A road running from an intersection with Hartford Road southerly
and easterly to an intersection with Canterbury Road (as shown on
a map entitled "Center of Brooklyn/ Scale 1" = 50 feet 26 March 1986
Part of May 24") shall be Mortlake Road.
f. A road beginning at the intersection of Wolf Den Road and Putnam
Place and running southeasterly, crossing Hartford Road, to Mortlake
Road (as shown on a map entitled "Center of Brooklyn/Scale 1" = 50
feet 26 March 1986 Part of Map 24") shall be Unitarian Way.