This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Town of Penfield. This chapter is adopted
pursuant to Municipal Home Rule Law § 10. Except as otherwise
provided in the Uniform Code, the Energy Code other state law, or
other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
article.
As used in this article, the following terms shall have the
meanings indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"Building Permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town of Penfield stating that work
was done in compliance with approved permit and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town of Penfield certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Town, and indicating that the building or structure, or portion
thereof, is in a condition suitable for occupancy.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
94-10 of this chapter. 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.
PMCNYS
The Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The Residential Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building, structure and/or building system element for
the purpose of its maintenance or to correct damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
TOWN
The Town of Penfield.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The chief of any fire department providing firefighting services
for a property within the Town of Penfield shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established by Chapter
97 of the Town Code, as now in effect or as hereafter amended from time to time.
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 local law, 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:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B. 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 §
94-17 of this article.
C. If appropriate, issuing a stop-work order.
D. 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.
A fee schedule shall be established by resolution of the Town
Board. Such fee schedule may thereafter be amended from time to time
by like resolution. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and
collected for the submission of applications, the issuance of building
permits, amended building permits, renewed building permits, certificates
of occupancy/certificates of compliance, temporary certificates, operating
permits, fire safety and property maintenance inspections, and other
actions of the Code Enforcement Officer described in or contemplated
by this article.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement, in the name of the Town, with other governments
to carry out the terms of this article, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
19 NYCRR Part 1203, or any other applicable law.
This article shall be known as the "Electrical Standards Inspection
Requirements of the Town of Penfield."
The purpose of this article is to regulate the manner in which
wiring is installed, altered or repaired for electric light, heat,
power and signal systems operating on 50 or more volts in or on all
real property within the Town of Penfield and ensure proper inspection
of electrical work conducted.
All electrical installations referred to in §
94-21 shall be made in conformity with the requirements of the New York State Uniform Fire Prevention and Building Code (NYSUFPBC).
It shall be a violation of this article for any person, firm
or corporation to install or cause to be installed, or to alter or
repair electrical wiring for electric light, heat, power and signal
systems operating on 50 or more volts, in or on properties in the
Town of Penfield, until an application for inspection has been filed
with an approved electrical inspector or inspection agency. It shall
be a violation of this article for a person, firm or corporation to
connect or cause to be connected electrical wiring in or on properties
for electric light, heat, power and signal systems operating on 50
or more volts to any source of electrical energy supply, prior to
the issuance of a temporary certificate or a Certificate of Compliance
by an approved inspector or inspection agency.
The provisions of the article shall not apply to the electrical
installation in mines, ships, railway cars, automotive equipment or
the installations or equipment employed by a railway, electrical or
communications utility in the exercise of its function as a utility,
and located outdoors or in buildings used exclusively for that purpose.
This article shall not apply to any work involved in the manufacture,
assembly, test or repair of electrical machinery, apparatus, materials
and equipment by a person, firm or corporation engaged in electrical
manufacturing as his/her principal business.
This article shall not be construed to relieve from or lessen
the responsibility of any person owning, operating, controlling or
installing any electric wiring devices, appliances, or equipment for
loss of life or damage to person or property caused by any defect
therein, nor shall the Town of Penfield or the approved electrical
inspector be deemed to have assumed any such liability by reason of
any inspection made pursuant to this article.