[HISTORY: Adopted by the Town Board of the Town of Webster
3-1-2007 by L.L. No. 2-2007 (Ch. 86 of the 1991 Code). Amendments noted where applicable.]
The Town Board of the Town of Webster hereby
accepts the applicability of the State Uniform Fire Prevention and
Building Code and State Energy Conservation Construction Code and
makes them applicable to the Town of Webster.
This chapter shall be known as the "Building
Code Administration and Lot Control Ordinance."
The purpose of this chapter is to promote the
health, safety, morals and general welfare of the Town of Webster
by furnishing the administration for the coordination of Town building
and enforcement of building regulations, the manner and method of
issuing permits for any building or structure and for regulating the
use of premises for building purposes and the construction of approaches
thereto within highway limits and to establish penalties for the violation
of such regulations.
There is hereby established in the Town of Webster
Department of Public Works, a Building Division, to coordinate the
various functions of Town building and for the administration and
enforcement of the provisions of all laws, ordinances, rules, regulations
and orders applicable to the location, design, materials, construction,
alteration, repair, equipment, maintenance, use, occupancy, removal
and demolition of buildings and structures and appurtenances located
in the Town of Webster and the construction of approaches thereto
within highway limits.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There is hereby established the position of
Building Inspector to administer and enforce the New York State Uniform
Fire Prevention and Building Code, the Energy Code and this chapter
and who shall be in charge of the Building Division. The Building
Inspector shall report to the Commissioner of Public Works or his/her
division heads or designees. The Building Inspector shall be appointed
by the Town Board from the appropriate civil service list on the basis
of his administrative and technical qualifications and his building
and construction experience.
The Town Board may appoint such Assistant Building
Inspectors or other employees of the Building Division as it deems
necessary for proper administration and enforcement of this chapter.
Assistant Building Inspectors shall be appointed from the appropriate
civil service list on the basis of their technical qualifications
and building and construction experience. Building Inspectors and
other employees of the Building Division shall report to and be directly
responsible to the Building Inspector.
In the absence or disability of the Building
Inspector, the Town Supervisor shall have the power to appoint and
designate a code-certified individual to act in behalf of the Building
Inspector and to exercise all of the powers conferred upon him by
this chapter.
No official or employee of the Building Division
shall, while acting pursuant to the provisions of this chapter, be
personally liable for any damage that may accrue to persons or property
as the result of any act required or permitted in the discharge of
his official duties, provided that such acts are performed in good
faith and without gross negligence.
A. The Building Inspector
shall receive applications and issue permits for the erection, alteration,
removal and demolition of buildings or structures or parts thereof
and shall examine the premises for which such applications have been
received or such permits have been issued for the purpose of ensuring
compliance with laws, ordinances and regulations governing building
construction, except that he may accept written reports of examination
from certified inspectors approved by the Town Board.
B. He shall issue
all appropriate notices or orders to remove illegal or unsafe conditions,
to require the necessary safeguards during construction and to ensure
compliance during the entire course of construction with the requirements
of such laws, ordinances or regulations. He shall make all inspections
which are necessary or proper for carrying out his duties, except
that he may accept written reports of inspection from building inspectors
or other employees of the Building Division or from generally recognized
and authoritative service and inspection bureaus, provided that the
same are certified by a responsible official thereof and approved
by the Town Board.
C. Whenever the same
may be necessary or appropriate to assure compliance with the provisions
of applicable laws, ordinances or regulations covering building construction,
he may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
A. The Building
Inspector shall keep official records as required by New York State
Uniform Fire Prevention and Building Code and Energy Code of all transactions
and activities of the Building Division, including all applications
received, permits and certificates issued or denied, inspection reports
and notices and orders issued. All such records shall be kept in the
Town Hall and shall be public records open to public inspection during
business hours. Records shall be kept in accordance with the State
Archives and Records Administration Record Retention and Disposition
Schedule.
B. The Building
Inspector shall, monthly, submit to the Town Board a written report
and summary of all business conducted by the Building Division, including
permits and certificates issued or denied, orders and notices promulgated,
inspections and tests made and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire, Health and Highway
Departments and the Town Engineer and of all other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein. Where necessary,
because of the size of the structure or the complexity of its construction
or because proposed construction is original or novel in its design
or use of materials, the proposed plans may be referred by the Building
Inspector to the Department of State, New York State Code Division
or, with the approval of the Town Board, the services of a professional
engineer or architect qualified to inspect and approve such design
or construction may be engaged.
A. No person, firm
or corporation shall, without first obtaining a separate building
permit from the Building Division for each instance:
(1) Commence
the erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure or cause the same to be done;
(2) Install or
replace a solid-fuel-burning appliance, chimney or flue without obtaining
a permit from the Building Division or Fire Marshal's office;
(3) Remove or
change any required means of egress, or the rearrangement of parts
of a structure in a manner which affects egress;
(4) Install a
stationary standby emergency generator;
(5) Exemptions.
No building permit shall be required for work in the following categories:
(a) Performance
of ordinary repairs which are not structural in nature;
(b) Installation
of swings and other playground equipment associated with a one- or
two-family dwelling;
(c) Construction
of retaining walls unless such walls support a surcharge or impound
Class I, II or IIIA liquids;
(d) Replacement
of any equipment, provided the replacement does not alter the equipment's
listing or render it inconsistent with the equipment's original specifications.
This exemption does not apply to any solid-fuel-burning appliances
administered and inspected by the Fire Marshal's office;
(e) Construction
of temporary motion-picture, television and theater stage sets and
scenery;
(f) Installation
of window awnings supported by an exterior wall of a one- or two-family
dwelling;
(g) Installation
of partitions or movable cases less than five feet nine inches in
height;
(h) Painting,
wallpapering, tiling, carpeting or other similar finish work;
(i) Installation
of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
(j) Repairs,
provided that such repairs do not involve the removal or cutting away
of a load-bearing wall, partition, or any portion thereof, or any
structural beam or load-bearing component.
(k) The removal
from service of all or part of a fire-protection system, as defined
in § 124-12C(4) of this Code, for any period of time. Notification
to the Fire Marshal's office is required before commencing any work
of this exemption.
B. Application for
a building permit shall be made to the Building Inspector on forms
provided by the Building Division and shall contain the following
information:
(1) A description
of the land on which the proposed work is to be done.
(2) A statement
of the use or occupancy of all parts of the land and of the building
or structure.
(3) The estimated
cost of construction of the proposed work.
(4) The full
name and address of the owner and the applicant, and the names and
addresses of their responsible officers if either of them are corporations.
(5) A duplicate set of plans as set forth in Subsection
D of this section.
(6) A permit
from the Superintendent of Highways having jurisdiction for the right-of-
way, approving the plans for any driveway approach and for any required
or proposed grading or construction within the highway limit, together
with the statement of said Superintendent as to the amount of security,
if any, required to insure the proper installation of said driveway
approach or grading and construction within the highway limits.
(7) Where required,
a permit from the Monroe County Department of Health when septic tanks
are proposed for sanitary waste disposal.
(8) Verification
that all easements shown on the approved site plan or subdivision
plan have been filed with Monroe County.
(9) Such other
information as may reasonably be required by the Building Inspector
to establish compliance of the proposed work with the requirements
of any applicable building laws, ordinances and regulations.
C. Application shall
be made by the owner or lessee or agent of either or by the architect,
engineer or builder employed in connection with the proposed work.
Where such application is made by a person other than the owner, it
shall be accompanied by a statement signed by the owner or applicant
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application.
D. Submission of
plans.
(1) Each application
for a building permit shall be accompanied by duplicate copies of
plans, including a site plan drawn to scale, showing the location
and size of all existing and proposed new structures on the site,
the nature and character of the work to be performed and the materials
to be incorporated, distance from lot lines and the relationship of
structures on adjoining streets, walks and alleys. Where the structures
are for a commercial or industrial use, the Building Inspector may
require details of structural, mechanical and electrical work, including
computations, stress diagrams, specifications and other essential
technical data.
(2) The site
plan shall indicate all existing and proposed finished grades, locations
and plans of sanitary waste disposal, a plan for any driveway approach
to the premises and any alteration by grading or otherwise of any
portion of the public highway or highways or a public right-of-way
adjoining the premises. Said site plan shall be prepared in accordance
with all applicable statutes and ordinances of the Town of Webster
and in accordance with the rules and regulations of the Town, and,
when required, having received approval of the Town of Webster Planning
Board.
(3) Where required
by Article 147 of the Education Law of the State of New York, plans
shall contain the original signature and seal of a licensed architect
or professional engineer or land surveyor. Each application shall
contain a certificate executed by the applicant that the plans and
proposed construction conform to and will comply with the Uniform
Fire Prevention and Building Code, the Energy Code, and all applicable
Town ordinances and regulations.
(4) The Building
Inspector may waive the requirement for filing plans when the work
involved is of a minor nature and the building operation is adequately
described in the application.
E. Amendments to
the building plans may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector. These
changes must conform to the approved site plan. More than one application
may be filed with the same set of duplicate plans for dwellings to
be built in subdivisions, provided that the dwellings are identical
in size and detail.
A. Criteria for
issuance.
(1) No building
permits will be issued until the stone road bed has been properly
installed, approved by the Town, and will support emergency vehicles.
(2) All building
permits issued in areas where the required paving binder has not been
installed will contain the disclaimer "Building permit issued on the
contingency that there could be a problem of accessibility to new
construction."
(3) No building permits will be issued until all hydrants are in, tested and operational as required by Chapter
165, Fire Prevention.
(4) No certificate
of occupancy will be issued until the required paving binder has been
installed.
(5) The Commissioner
of Public Works (or his deputies) may waive any of the above subsections
only upon a written application made to the Commissioner of Public
Works, the Fire Marshal and the fire district having jurisdiction
over the area of the building upon good cause shown that such waiver
and issuance of a building permit will not endanger life or public
safety and where the construction completed otherwise complies with
all applicable laws, ordinances, codes and regulations.
B. The Building
Inspector shall examine or cause to be examined all applications for
permits and the plans, specifications and documents filed therewith,
and their conformance with zoning regulations and the approved site plan or subdivision plan. He shall approve or disapprove the application within 10 working days unless the plans are being inspected by authoritative personnel outside the Building Division as provided in §
119-11.
C. Upon approval
of the application and upon receipt of all fees as required by the
Town Fee Schedule therefor and upon the receipt of any required security,
the Building Inspector shall issue a building permit to the applicant
upon the form prescribed by him and shall affix his signature or cause
his signature to be affixed thereto.
D. Upon approval
of the application, two sets of building plans shall be endorsed with
the word "APPROVED." One set of such approved plans shall be retained
in the files of the Building Division, and the other set shall be
returned to the applicant, together with the building permit, and
shall be kept at the building site in good condition and open to inspection
by the Building Inspector or his authorized representative at all
reasonable times.
E. If the application,
together with the plans and other documents filed therewith, describes
proposed work that does not conform to all of the requirements of
the applicable building regulations, zoning regulations, and approved
site or subdivision plan, the Building Inspector shall disapprove
the same and shall return the plans and documents to the applicant.
The Building Inspector shall cause such refusal, together with the
reasons therefor, to be transmitted to the applicant in writing.
A. A building permit
shall be effective to authorize the commencing of work in accordance
with the application and plans on which it is based for a period of
12 months after the date of its issuance. For good cause, the Building
Inspector may allow a maximum of two successive extensions for periods
not exceeding three months each.
B. The issuance
of a building permit shall constitute authority to the applicant to
proceed with the work in accordance with the approved plans and in
accordance with the applicable building laws, ordinances or regulations.
All work shall conform to the approved application and plans, except
that no building permit shall be valid insofar as it authorized the
performance of work or the use of materials that are not in accordance
with the requirements of the applicable building regulations. All
construction must be completed in accordance with the approved plans
within the time limits of the building permit. Failure to complete
all work shall be considered a violation of this chapter.
C. Where no construction
work on the superstructure of a building has been commenced within
120 days of the date of the issuance of the permit, the excavations
and/or foundations shall be deemed abandoned and the owner and contractor
notified, in writing, by the Building Inspector to commence work on
the superstructure or to fill in the excavation and/or the foundation
up to the original ground level with clean earth and to seal up any
sewer connections that may exist on the property. Said notice shall
be served on the owner and the contractor by registered mail at their
last known place of residence. In the event that the owner or contractor
fails to comply with the requirements of this section within 20 days
after the date of the mailing of said notice, the building permit
issued for the building shall be canceled, notwithstanding any other
provisions of this chapter, and the Town of Webster shall place the
fill and seal the sewer openings, if any, and said owner of the premises
shall reimburse the Town for any expenditures thereby involved, or
the Town may elect to assess the cost of so doing on the tax roll
of the property involved.
For the purpose of this chapter, the division
of any parcel of land into five or more parcels along existing or
proposed streets, highways, easements or rights-of-way for sale or
for rent, regardless of why the subdivision is made or what use is
to be made of the land, regardless of whether the parcels to be sold
or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description and regardless of whether the
parcels are contiguous, is hereby declared to be a subdivision. No
permit shall be issued for any construction in a subdivision as herein
defined unless a map of said subdivision has been prepared in accordance
with all applicable statutes and ordinances of the Town of Webster
and in accordance with the rules and regulations of the Town of Webster
Planning Board and has received approval of said Planning Board and
been filed in the Monroe County Clerk's office.
Before receiving a building permit, the owner
or his agent shall pay the building permit fee in accordance with
the schedule of fees duly adopted by the Webster Town Board. The building
permit fee shall be refunded to the applicant only if no construction
has been commenced under the permit and the permit has either expired
or is surrendered to the Building Inspector, but in either of such
events, the Town shall retain the minimum building permit fees set
forth on such schedule of fees.
Every applicant, when required to do so, must
show proof that he has deposited the appropriate security deposit
with the Superintendent of Highways that has jurisdiction for the
right-of-way.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A. Where he finds
that there has been any false statement or misrepresentation as to
a material fact in the application or plans on which the building
permit was based.
B. Where he finds
that the work performed under the permit is not being prosecuted in
accordance with the provisions of the application or plans.
C. Where the person
to whom a building permit has been issued fails to or refuses to comply
with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application or plans on the basis of which a building permit
was issued or in an unsafe and dangerous manner, he shall notify the
owner of the property or the owner's agent or the person performing
the work to suspend all work, and any persons shall forthwith stop
such work and suspend all building activities until the stop order
has been rescinded. Such order and notice shall be in writing, shall
state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed either by delivering it
personally to him or by posting the same upon a conspicuous portion
of the building under construction and sending a copy of the same
by regular mail to the address designated in the building permit or
the property owner.
Any employee of the Building Division, upon
showing of proper credentials and in the discharge of his duties,
may enter upon any building, structure or premises where there is
a permit at any reasonable hour, and no person shall interfere with
or prevent such entry.
A. No building hereafter
erected shall be used or occupied in whole or in part until a certificate
of occupancy shall have been issued by the Building Inspector.
B. No building hereafter
enlarged, extended or altered or upon which work has been performed
which required the issuance of a building permit shall continue to
be occupied or used for more than 30 days after the completion of
the alteration or work unless a certificate of compliance shall have
been issued by the Building Inspector.
C. No change shall
be made in the use or type of occupancy of an existing building unless
an administrative change of use shall have been issued by the Building
Inspector, the Fire Marshal, and the Commissioner of Public Works
or his/her division heads or agents or designees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Before the issuance of a certificate of occupancy
in the case of new structures or external additions, the applicant
for said certificate shall present for filing to the Building Inspector
an instrument survey map containing the signature and seal of a licensed
land surveyor showing the location of all buildings or structures
on the lot or land in question and easements and a copy of the building
plans in microfilm format approved by the Town. In addition, for commercial
and industrial projects, the applicant must supply a certificate signed
by the engineer verifying that the project has been completed in accordance
with the approved site plan. Where weather does not permit the completion
of all required items, the applicant must provide a financial guarantee
to ensure completion of the site plan. The Building Inspector shall
examine or cause to be examined all buildings, structures and sites
for which an application has been filed for a building permit to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy,
and he may conduct such inspection as he deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued.
A. When, after final
inspection, it is found that the proposed work has been completed
in accordance with the applicable building laws, approved site plans,
ordinances and regulations and also in accordance with the application,
plans and specifications filed in connection with the issuance of
the building permit, the Building Inspector shall issue a certificate
of occupancy upon the form provided by him. If it is found that the
proposed work does not so comply, the Building Inspector shall refuse
to issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
applicable building regulations.
B. The certificates
of occupancy shall certify that the work has been completed and that
the proposed use and occupancy is in conformity with provisions of
the applicable building laws, ordinances and regulations and shall
specify the use or uses and the extent thereof to which the building
or structure or its several parts may be put.
C. No certificate
of occupancy shall be issued by the Building Inspector for a commercial
or industrial building or multiple-family dwelling unless and until
the builder or owner thereof submits to the Building Inspector a certificate
of the registered architect or licensed engineer who signed the plans
submitted to the Building Inspector, with the application for a building
permit, that such building has been substantially completed in accordance
with the plans and specifications therefor approved by the Building
Inspector.
No temporary certificate of occupancy may be
issued unless the issuance thereof shall have been authorized by the
Town Board after written request to such Board. The Town Board may
authorize the issuance of such a temporary certificate of occupancy
only for good cause shown and where such portions of the building
or structure as have been completed may be occupied safely without
endangering life or public safety and where the construction completed
complies with all applicable laws, ordinances, codes and regulations.
Such temporary certificate shall be valid for 30 days and may not
be renewed except with the approval of the Town Board.
A partial certificate of occupancy may be issued
for a portion of a building or structure which constitutes an independent
unit individually owned or rented for which construction has been
completed and such unit of the building or structure complies with
all applicable laws, ordinances, codes and regulations.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances and
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
All buildings or structures which are structurally
unsafe, unsanitary or not provided with adequate egress or which constitute
a fire hazard or are otherwise dangerous to human life or which, in
relation to an existing use, constitute a hazard to safety or health
by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment are, severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation in accordance with
the procedure of this chapter.
A. Upon reasonable
cause the Building Inspector may examine or cause to be examined any
building reported as unsafe or damaged and shall make a written record
of such examination.
B. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in §
119-27, he shall give to the owner, agent or person in control of such building or structure written notice, by either personal delivery or by registered mail, stating the defects thereof. This notice shall require the owner within a specified time either to complete specific repairs or improvements or to demolish and remove the building or structure or portion thereof. In the event the delivery of such notice is made by registered mail, a copy of such notice shall be posted on the premises.
C. A copy of such
notice shall be filed with the office of the Clerk of Monroe County
in the same manner as a notice of pendency.
If the Building Inspector finds that there is
actual and immediate danger of failure or collapse so as to endanger
life, such notice shall also require the building, structure or portion
thereof to be vacated forthwith and not reoccupied until the specified
repairs and improvements are completed, inspected and approved by
the Building Inspector. The Building Inspector shall cause to be posted
at each entrance to such building a notice as follows: "This building
is unsafe, and its use or occupancy has been prohibited by the Town
of Webster Building Division." Such notice shall remain posted until
the required repairs are made or demolition is completed. It shall
be unlawful for any person, firm or corporation or their agents or
other servants to remove such notice without written permission of
the Building Inspector or for any person to enter the building except
for the purpose of making the required repairs or of demolishing the
same.
In case the owner, agent or person in control cannot be found within the stated time limit or if such owner, agent or person in control shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Town Attorney shall be advised of all the facts in the case and shall institute a hearing by and before the Town Board. Notice of the time and place of such hearing shall be served upon the owner and other persons having interest in the property in the same manner as set forth in §
119-28.
In cases of emergency, which, in the opinion
of the Building Inspector, involve imminent danger to human life or
health, he shall promptly cause such building, structure or portion
thereof to be made safe or removed. For this purpose he may at once
enter such structure or land on which it stands or abutting land or
structure with such assistance at such cost as may be necessary. He
may vacate adjacent structures and protect the public by barricades
or such other means as may be necessary and for this purpose may close
a public or private way.
Cost incurred under §§
119-30 and
119-31 shall be paid out of the Town treasury on certificates of the Building Inspector. Upon demand, the amount of such costs shall be due from, and repaid immediately by, the owner of the building or structure determined to be unsafe, and if not paid shall be added to the Town's tax rolls for the next tax year, and shall become a lien upon the real property affected. The costs so incurred shall in all such circumstances be a charge to the owner of the premises involved and shall be collected by any manner provided by law.
Upon determination by the Building Inspector
that any building or structure or portion thereof is in violation
of this chapter, the Building Inspector may issue an appearance ticket
to the builder and/or property owner setting forth the provision or
provisions of this chapter that are deemed violated.
A. It shall be unlawful
for any person, firm or corporation to construct, alter, repair, move,
remove, demolish, equip, use, occupy or maintain any building or structure
or portion thereof in violation of any provision of this chapter or
to fail in any manner to comply with a notice, directive or order
of the Building Inspector or to construct, alter or use and occupy
any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy.
B. Any person who
shall fail to comply with a written order of the Building Division
within the time fixed for compliance therewith and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents or any other person taking part or assisting in the
construction or use of any building who shall knowingly violate any
of the applicable provisions of this chapter or any lawful order,
notice, directive, permit or certificate of the Building Division
made thereunder shall be punishable by a fine of not more than $500
or 30 days in jail, or both. Each day that a violation continues shall
be deemed a separate offense.
C. Except as provided
otherwise by law, such violation shall not be a crime, and the penalty
or punishment imposed therefor shall not be deemed for any purpose
a penal or criminal penalty or punishment and shall not impose any
disability upon or affect or impair the credibility as a witness or
otherwise of any person convicted thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any appeals seeking relief to the requirements
and provisions of the New York State Uniform Fire Prevention and Building
Code shall be transmitted to the appropriate Board of Review as described
in 19 NYCRR Part 1205.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to the penalties prescribed in the preceding section.
An application for a building permit on parcels of land not in a subdivision, as defined in Chapter
296, Subdivision of Land, shall be submitted for review to the Building and/or Engineering Departments of the Town of Webster. If the reviewing authority determines that the development of a parcel may have a significant impact on adjoining land, it may refer the application to the Webster Planning Board for site plan approval.