Chapter 59 Fire Prevention and Building Code, Uniform

No building or structure shall be erected, constructed, enlarged, altered, renovated, moved, or demolished, nor shall excavation be permitted therefor or work begun thereon, nor any solid-fuel-burning heating apparatus, chimney or flue installed therein, until a building permit has been issued by the Building Inspector, or their duly authorized designee, and until there has been compliance with all provisions under the Uniform Code, the EC3, the laws and regulations of the State of New York, this chapter and Article XII, § 125-125 of the Code of the Town of Bedford.

No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector, or their duly authorized designee.

Exemptions. No building permit shall be required for work in any of the following categories:

Construction or installation of playground equipment associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), provided the gross floor area does not exceed 144 square feet;

Construction of temporary sets and scenery associated with motion picture, television, and theater uses;

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

Installation of partitions or movable cases less than five feet, nine inches in height;

Painting, wallpapering, tiling, carpeting, or other similar finish work;

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

Repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time.

Applications for building permits. Applications for a building permit shall be made in writing on a form provided by the Building Inspector's office. The application shall be signed by the owner or an authorized agent of the owner of the property where the work is to be performed. The application shall include such information as the Building Inspector, or their duly authorized designee, deems sufficient to facilitate a determination that the intended work complies with all applicable requirements of the Uniform Code, the EC3, this chapter, and all applicable state laws and regulations. The application shall include or be accompanied by the following information and documentation:

A description of the location, nature, extent, and scope of the proposed work;

The tax map number and street address of the premises where the work is to be performed;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspection(s) prepared in accordance with the provisions of the Uniform Code; and

Three sets of construction documents (drawings and/or specifications) which:

Describe the location, nature, extent and scope of the proposed work;

Evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's certificate of authorization number; and

Substantiate that the proposed work will comply with the Uniform Code, the EC3, this chapter, and all applicable state laws; and

(d)

Include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, that shows the size and location of any existing and proposed buildings, structures, and appurtenances on the site; the location of any existing or proposed well or septic system; the location of the intended work; the distance between the buildings, structures and lot lines; the established street grades and the proposed finished grades; and, as applicable, flood hazard areas, floodways, and design flood elevations;

(e)

Show the location, construction, size, and character of all portions of the means of egress;

(f)

Show a representation of the building thermal envelope;

(g)

Show structural information, including but not limited to braced wall design; the size, section, and relative locations of structural members; design loads; and other pertinent information;

(h)

Show the proposed structural, electrical, plumbing, mechanical, fire-protection and other service systems of the building;

(i)

A written statement indicating compliance with the EC3; and

(j)

Include any other information and documentation that the Building Inspector, or their duly authorized designee, may deem necessary to determine compliance with the Uniform Code, EC3, and any other applicable state or local laws, rules, and regulations.

Construction documents. Construction documents shall not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection B of this section. Construction documents accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector, or their duly authorized designee, in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the received construction documents shall be retained by the Building Department, and one set shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Department personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that the building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

Issuance of building permits. An application for a building permit shall be examined to determine whether or not the proposed work is in compliance with the applicable requirements of the Uniform Code, the EC3, this chapter, and all applicable state, county and local laws and regulations. If the proposed work is in compliance with the applicable requirements, the Building Inspector, or their duly authorized designee, shall issue a building permit.

Building permits to be displayed. Copies of all building permit(s) issued for a given project shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

Work to be done in accordance with construction documents. All work shall be performed in accordance with the construction documents submitted and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Building Department of any change occurring during the course of the work.

Deviation from approved plans. Upon notification of any deviation from the approved building plans, the Building Inspector, or their duly authorized designee, shall determine whether such deviation is substantial in nature, requiring reassessment of the affected project, or is negligible. The Building Inspector, or their duly authorized designee, shall thereafter issue a formal letter memorializing their opinion, and the project shall either continue, or plans resubmitted for approval by the Building Inspector, or their duly authorized designee.

Time limits. Building permits shall become invalid unless the authorized work is commenced within one year following the date of its issuance. Notwithstanding the foregoing, all building permits shall expire 18 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this Subsection H may be renewed upon application by the permit holder, or his designee, payment of the applicable fee (as listed in the fee schedule adopted by the Town Board), and approval of the application by the Building Inspector.

Revocation or suspension of building permits. If the Building Inspector, or their duly authorized designee, determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the EC3, or any other laws, the Building Inspector, or their duly authorized designee, shall have the right to revoke or suspend the building permit until such time as the permit holder demonstrates that:

All work then completed is in compliance with all applicable provisions of the Uniform Code, the EC3, this chapter, and all applicable state, county and local laws and regulations; and

§ 59-9 Certificates of compliance and certificates of occupancy.

All work then proposed shall be performed in compliance with all applicable provisions of the Uniform Code, the EC3, this chapter and all applicable state, county and local laws and regulations.

Fee. The applicable fee, as set forth in the fee schedule adopted by the Town Board, must be paid at the time of submission of an application for a building permit, an amended building permit, or renewal of a building permit.

[Amended 12-20-2022 by L.L. No. 22-2022]

Certificates of occupancy required. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof converted from one use or occupancy classification or subclassification to another. Except as provided in Subsection E of this section, permission to use or occupy a building, structure or portion thereof for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.

Issuance of certificates of occupancy. The Building Inspector, or their duly authorized designee, shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and EC3 and, if applicable, that the structure, building or portion thereof converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, EC3, this chapter and all applicable state, county and local laws and regulations. The Building Inspector, or their duly authorized designee, shall inspect the building, structure, or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents shall be prepared, in accordance with the provisions of the Uniform Code, at the expense of the applicant, and provided to the Building Inspector, or their duly authorized designee, prior to issuance of the certificate of occupancy:

A written statement of structural observations and/or a final report of special inspections;

Flood hazard certifications;

A written statement of the results of tests performed to show compliance with the EC3; and

Where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes.

A certificate of occupancy shall be issued only if the proposed use of the building, structure and land conforms to the provisions of the Uniform Code and all provisions of §§ 125-126 and 125-127 of the Code of the Town of Bedford.

Contents of certificate of occupancy. A certificate of occupancy shall contain the following information:

The building permit number, if any;

The date of issuance of the building permit, if any;

The name (if any), address and tax map number of the property;

If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which certificate of occupancy is issued;

The use and occupancy classification of the structure;

The type of construction of the structure;

The occupant load of the assembly areas in the structure, if any;

Any special conditions imposed in connection with the issuance of the building permit; and

The signature of the Building Inspector, or their duly authorized designee, issuing the certificate of occupancy and the date of issuance.

Temporary certificate.

The Building Inspector, or their duly authorized designee, shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building, structure or a portion thereof prior to completion of the work which is the subject of a building permit. However, in no event shall the Building Inspector, or their duly authorized designee, issue a temporary certificate unless the Building Inspector, or their duly authorized designee, determines:

That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;

That any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and

That all required means of egress from the building or structure have been provided.

The temporary certificate shall specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate, and the Building Inspector, or their duly authorized designee, may include in a temporary certificate such terms and conditions as deemed necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code and this chapter. A temporary certificate shall be effective for a period of time not to exceed six months from the date the temporary certificate is issued. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the EC3, this chapter, all applicable state, county and local laws and regulations and the building permit.

Contents of temporary certificate. The issued temporary certificate shall contain the same information required under Subsection D(1) through (9) of this section.

Revocation or suspension of certificates. If the Building Inspector, or their duly authorized designee, determines that a certificate of occupancy or temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector, or their duly authorized designee, within such period of time as shall be specified by the Building Inspector, or their duly authorized designee, shall revoke or suspend such certificate.

Fee. The fee, as set forth in the fee schedule adopted by the Town Board, must be paid at the time of submission of an application for a certificate of occupancy or temporary certificate.

§ 59-10 Construction inspections.

[Amended 12-20-2022 by L.L. No. 22-2022]

Work to remain accessible and exposed. Work for which a building permit has been issued under this chapter shall remain accessible and exposed until inspected and approved by the Building Inspector or Assistant Inspector. The Permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

Work site prior to the issuance of a building permit;

Footing and foundation of new or expanded buildings and structures;

Foundations;

Preparation for concrete slab;

Framing of a building or structure;

Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;

Fire-resistant constructions;

Fire-resistant penetrations;

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(10)

EC3 compliance features, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, high-performance lighting, and controls;

(11)

Installation, connection, and assembly of factory manufactured buildings and manufactured homes; and

(12)

A final inspection after all work has been completed.

Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code, EC3, or applicable state, county or local laws and regulations, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code, EC3, or applicable state, county or local laws and regulations shall remain exposed until such work is brought into compliance with all applicable provisions, reinspected, and found satisfactory as completed.

Notwithstanding any requirements of this section to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.

Performance of inspections; orders for correction of conditions in violation.

The inspections required by this section must be performed by the Building Inspector or an Assistant Inspector. The Building Inspector and Assistant Inspector are authorized to order, in writing, the correction of any condition in violation of the Uniform Code, EC3, this chapter and any state, county or local law or regulations found in, on or about any building or structure within the Town.

Such orders shall be served in person upon a responsible party or his authorized agent, or by registered mail sent to the address of a responsible party set forth in any relevant application for a permit or certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as set forth in § 59-18, below.

Remote inspections. At the discretion of the Building Inspector, or their duly authorized designee, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Building Inspector, or their duly authorized designee, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector, or their duly authorized designee, that the elements of the construction process conform with the applicable requirements of the Uniform Code and EC3. Should a remote inspection not afford the Building Inspector, or their duly authorized designee, sufficient information to make a determination, an in-person inspection shall be performed.

§ 59-11 Stop-work orders.

Authority to issue. The Building Inspector or authorized Assistant Inspector may issue stop-work orders pursuant to this section. The Building Inspector or authorized Assistant Inspector may issue a stop-work order to halt any work that they determine:

To be contrary to any applicable provision of the Uniform Code, EC3, this chapter or applicable state, county or local law or regulation, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;

Is being conducted in a dangerous or unsafe manner, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Is being performed either without necessary building permits or under a building permit that has become invalid, expired, or has been suspended or revoked.

Content of stop-work orders. Stop-work orders shall:

Be in writing;

Be dated and signed by the Building Inspector;

State the reason or reasons for issuance; and

§ 59-12 Unsafe buildings, structures, equipment and conditions of imminent danger.

State the conditions which must be satisfied before work will be permitted to resume.

Service of stop-work orders. The Building Inspector shall cause the stop-work order or a copy thereof to be served on the owner of the affected property (and, if the owner is not the Permit holder, on the Permit holder) personally or by registered mail. The Building Inspector shall be permitted but not required to cause the stop-work order or a copy thereof to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by registered mail, provided, that failure to serve any such person, other than the owner of the affected property, shall not affect the efficacy of the stop-work order.

Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Building Inspector, or their duly authorized designee, to correct the reason for issuing the stop-work order.

[Amended 12-20-2022 by L.L. No. 22-2022]

Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for, the right and authority to pursue any other remedy or impose any other penalty under § 59-18 of this chapter or under any other applicable state, county or local law or regulation. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

[Amended 12-20-2022 by L.L. No. 22-2022]

[Amended 12-20-2022 by L.L. No. 22-2022]

The Building Inspector shall promulgate procedures and criterion, subject to approval by the Town Board, for identification and assessment of unsafe buildings, structures, equipment and conditions of imminent danger within the Town.

Once an unsafe building, structure, equipment or condition of imminent danger is identified, the Building Inspector, or their duly authorized designee, shall notify the owner(s) of said building/structure of the unsafe condition in accordance with Chapter 42, Buildings, Unsafe.

§ 59-13 Complaints.

The Building Inspector shall review and investigate complaints alleging the existence of building conditions or activities that fail to comply with the Uniform Code, the EC3, this chapter or any applicable state, county or local law or regulation. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate, including:

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

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;

If appropriate, issuing a stop-work order;

§ 59-14 Fire safety and property maintenance inspections.

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.

Failure to correct an unsafe condition in a building or structure within the time specified by the Building Inspector shall be grounds for a violation, subject to financial penalty and any other remedy provided under applicable state, county or local law or regulation or § 59-18 of this chapter.

[Amended 12-20-2022 by L.L. No. 22-2022]

Inspections required. Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector, or their duly authorized designee, at the following intervals:

Fire safety and property maintenance inspections of buildings or structures which contain an assembly area shall be performed at least once every 12 months.

Fire safety and property maintenance inspections of public and private schools and colleges, including any buildings or structures of such schools or colleges containing, classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities shall be performed at least once every 12 months.

Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every two years.

Inspections permitted.

In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector, or their duly authorized designee, at any time upon:

The request of the owner of the property to be inspected or an authorized agent of such owner;

Receipt by the Building Inspector of a written statement alleging building conditions or activities that fail to comply with the Uniform Code, EC3 or this chapter; or

Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, that building conditions or activities failing to comply with the Uniform Code, EC3 or this chapter exist.

Nothing in this Subsection B shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

Nothing in this section shall require or be construed to require regular, periodic inspections of owner-occupied one- and two-family dwellings, or agricultural buildings used directly and solely for agricultural purposes, provided, however, that this shall not be a limitation on inspections conducted at the invitation of the owner or occupant, or where conditions on the premises threaten or present a hazard to public health, safety, or welfare.

Remote inspections. At the discretion of the Building Inspector, or their duly authorized designee, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Building Inspector, or their duly authorized designee, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector, or their duly authorized designee, that the premises conform 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. Should a remote inspection not afford the Building Inspector, or their duly authorized designee, sufficient information to make a determination, an in-person inspection shall be performed.

OFPC inspections. Nothing in this section, or in any other provision of this chapter, shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator or other authorized entity under Executive Law § 156-e and Education Law § 807-b.

Notwithstanding any other provision of this section to the contrary, the Building Inspector may accept an inspection performed by the OFPC or other authorized entity pursuant to §§ 807-a and 807-b of the Education Law and/or § 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Building Inspector, or their duly authorized designee, provided that:

The Building Inspector, or their duly authorized designee, is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR Section 1203.2(e);

The Building Inspector, or their duly authorized designee, is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;

Such inspections are performed no less frequently than once a year; and

A true and complete copy of the report of each such inspection is provided to the Building Inspector; and

§ 59-15 Notification regarding fire or explosion.

Upon receipt of each such report, the Building Inspector, or their duly authorized designee, takes the appropriate action prescribed by § 59-18 of this chapter.

After each inspection, the Building Inspector, or their duly authorized designee, shall note the premises as satisfactory, or the owner and operator shall be notified as to the manner in which the premises fails to comply with the Uniform Code, including a citation to the specific Uniform Code provision or provisions that have not been met.

Fee. The fee set forth in the fee schedule adopted by the Town Board must be paid prior to or at the time of each inspection performed pursuant to this section. This Subsection E shall not apply to inspections performed by the OFPC.

The chief of any fire department providing firefighting services within the Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 59-16 Operating permits.

[Amended 12-20-2022 by L.L. No. 22-2022]

Operating permits required.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity Tables found in Chapter 50 of the FCNYS;

Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows;

[1]

Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;

[2]

Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;

[3]

Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;

[4]

Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;

[5]

Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;

[6]

Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or was performed by the occupant of a detached one- or two-family dwelling;

[7]

Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270;

[8]

Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces;

[9]

Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and

[10]

Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle.

Buildings containing one or more assembly areas;

(d)

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board;

(e)

Outdoor events where the planned attendance exceeds 1,000 persons;

(f)

Facilities that store, handle, or use hazardous materials;

(g)

Parking garages as defined in Subsection A of § 59-16.1 of this chapter; and

(h)

Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board.

Any person who proposes to undertake any activity or to operate any type of building listed in this subsection shall be required to obtain an operating permit prior to commencing such activity or operation.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by the Building Department. Such application shall include such information as the Building Inspector, or their duly authorized designee, deems sufficient to permit a determination by the Building Inspector, or their duly authorized designee, that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector, or their duly authorized designee, determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided at the expense of the applicant.

Inspections. The Building Inspector, or their duly authorized, shall inspect the subject premises prior to issuance of an operating permit. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit applicant shall be notified as to the manner in which the premises fails to comply with the Uniform Code and/or other applicable laws, including a citation to the specific provision or provisions which have not been met.

Remote inspections permitted. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be conducted when, at the discretion of the Building Inspector, or their duly authorized designee, the remote inspection can be conducted to the same level and quality as an in-person and the remote inspection shows to the satisfaction of the Building Inspector, or their duly authorized designee, that the premises conform with the applicable requirements of the Uniform Code and applicable local laws and regulations. Should a remote inspection not afford the Inspector conducting the inspection sufficient information to make a determination, an in-person inspection shall be conducted.

Multiple activities. In any circumstances in which more than one activity listed in Subsection A is to be conducted at a single location, the Building Inspector may require a separate operating permit for each such activity or may, in his or her discretion, issue a single operating permit to apply to all such activities.

Duration of operating permits. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Building Inspector, or their duly authorized designee, payment of the applicable fee, and reapproval of such application by the Building Inspector. Operating permits shall be issued for a specified period of time consistent with local conditions but in no event to exceed as follows:

One hundred eighty days for tents, special events structures, and other membrane structures;

Three years for the activities, structures, and operations determined per Subsection A(1)(i) of this section; and

One year for all other activities, structures, and operations identified in Subsection A(1) of this section.

Revocation or suspension of operating permits. If the Building Inspector, or their duly authorized designee, determines that any activity or building for which an operating permit was issued does not comply with any applicable state, county and local law or regulation, such operating permit may be revoked or suspended where the offending condition is not corrected within the time specified by the Building Inspector, or their duly authorized designee.

Key boxes.

Building access. All commercial buildings shall provide a key box of a type approved by the Building Inspector, or their duly authorized designee. The location and contents of the key box must be approved by the respective fire district or its designee.

§ 59-16.1 Condition assessment of parking garages.

Key boxes will be optional for one-family, two-family and multifamily residential buildings.

Fee. The fee as set forth in the fee schedule adopted by the Town Board must be paid at the time of submission of an application for an operating permit, amended operating permit, or for reissue or renewal of an operating permit.

[Added 12-20-2022 by L.L. No. 22-2022]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CONDITION ASSESSMENT

An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.

DETERIORATION

The weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.

PARKING GARAGE

Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:

Buildings in which the only level used for parking or storage of motor vehicles is on grade;

An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and

RESPONSIBLE PROFESSIONAL ENGINEER

A townhouse unit with attached parking exclusively for such unit.

PROFESSIONAL ENGINEER

An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

The professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

UNSAFE CONDITION

Includes the conditions identified as "unsafe" in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS.

UNSAFE STRUCTURE

A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.

Condition assessments — general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy being issued for the structure.

Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:

If originally constructed prior to January 1, 1984, then prior to October 1, 2019;

If originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and

If originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021.

Any parking garage constructed prior to the effective date of this section that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment within six months of the effective date of this section.

Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at least every three years.

Additional condition assessments.

If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

If the Town becomes aware of any new or increased deterioration which, in the judgment of Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.

Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within 30 days of completion of the condition assessment. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

An evaluation and description of the unsafe conditions;

An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

The responsible professional engineer's recommendation regarding preventative maintenance;

Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.

Review condition assessment reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by compliance order or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsections F(1), (2) and (3) of this section. All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

This section shall not limit or impair the right or the obligation of the Town:

To perform such construction inspections as are required by § 59-10;

To perform such periodic fire safety and property maintenance inspections as are required by § 59-14; and/or

To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

§ 59-17 Recordkeeping.

For each property within the jurisdiction of the Town, the Building Inspector shall keep permanent official records of all transactions and activities conducted by all Building Inspector personnel, including records of all:

[Amended 12-20-2022 by L.L. No. 22-2022]

Applications received, reviewed and approved or denied;

Plans, specifications and construction documents approved;

Building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;

Inspections and tests performed thereon;

Statements and reports issued;

Complaints received;

Investigations conducted thereon;

All condition assessment reports received;

§ 59-18 Compliance orders; appearance tickets; penalties for offenses.

Fees charged and collected; and

(10)

All other features and activities specified in or contemplated by §§ 59-8 to 59-16A and 59-23, inclusive, of this chapter.

Such records shall be public records open for public inspection in the Building Inspector's office during normal business hours unless otherwise provided for in Public Officers Law § 87 et seq. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period required by state law and regulation.

Compliance orders.

[Amended 12-20-2022 by L.L. No. 22-2022]

The Building Inspector, or their duly authorized designee, is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the EC3, or this chapter. Upon finding that any such condition or activity exists, the Building Inspector, or their duly authorized designee, may issue a compliance order. The compliance order shall:

Be in writing;

Be dated and signed by the Building Inspector, or their duly authorized designee;

Specify the condition or activity that violates the Uniform Code, the EC3, or this chapter;

(d)

Specify the provision or provisions of the Uniform Code, EC3, or this chapter violated by the specified condition or activity;

(e)

Specify the period of time which the Building Inspector, or their duly authorized designee, deems to be reasonably necessary for achieving compliance;

(f)

Direct that compliance be achieved within the specified period of time; and

(g)

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time; and

(h)

Include a statement substantially similar to the following: "The person or entity served with this compliance order must completely remedy each violation described in this compliance order by [specify date], which is 30 days after the date of this compliance order."

The compliance order may include provisions ordering the person or entity served with such compliance order (1) to begin to remedy the violations described in the compliance order immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such compliance order; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Building Inspector, or their duly authorized designee, may deem appropriate, during the period while such violations are being remedied.

The Building Inspector, or their duly authorized designee, shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail within five days after the date of the compliance order. The Building Inspector, or their duly authorized designee, may, but is not required to, cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail within five days after the date of the compliance order; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

Appearance tickets. The Building Inspector and Assistant Inspectors are authorized to issue appearance tickets, as defined in Town Code Chapter 6, § 6-1, for any violation of the Uniform Code or this chapter.

Penalties. In addition to those penalties prescribed by state law:

[Amended 12-20-2022 by L.L. No. 22-2022]

Any person who violates any provision of the Uniform Code, the EC3, or this chapter, any applicable state, county or local law or regulation or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit or other notice or order issued by the Building Inspector, or their duly authorized designee, pursuant to any provision of this chapter, shall be liable for a penalty of not more than $1,000 for each day during which such violation continues, or imprisonment not exceed one year. The civil penalties provided by this Subsection C shall be recoverable in an action instituted in the name of the Town of Bedford;

Where a building has been altered in violation of any provision of the Uniform Code or any lawful order obtained thereunder, and such alteration impedes a person's egress from such building during a fire or other emergency evacuation, the owner of such building who has knowledge of such alteration or should have had knowledge of such alteration shall be subject to a civil penalty of up to $7,500.

Injunctive relief.

An action or proceeding may be instituted in the name of the Town of Bedford, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the EC3, this chapter, any applicable state, county or local law or regulation or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector pursuant to the provisions of this chapter.

§ 59-23 Climatic and geographic design criteria.

In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the EC3, this chapter, any applicable state, county or local law or regulation or any stop-work order, compliance order or other order obtained under the Uniform Code, the EC3, this chapter or any applicable state, county or local law or regulation, an action or proceeding may be commenced in the name of the Town of Bedford, in the Supreme Court or in any other court of competent jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this Subsection D shall be commenced without the appropriate authorization from the Town Board of the Town of Bedford.

Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy to address a violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for, the other remedies or penalties specified in this section, in § 59-11 (stop-work orders), any other section of this chapter, or in any other applicable state, county or local law or regulation.

§ 59-19 Fees.

A fee schedule shall be established by resolution of the Town Board of the Town of Bedford. Such fee schedule may thereafter be amended from time to time by resolution of the Town Board of the Town of Bedford. The fees set forth therein, or determined in accordance therewith, shall be charged and collected for the submission of applications for the issuance of building permits; amended building permits; renewed building permits; certificates of occupancy; temporary certificates; operating permits; for fire safety and property maintenance inspections; and for violations of this chapter.

§ 59-20 Intermunicipal agreements.

The Town Board may, by resolution, authorize the Building Inspector to enter into an agreement, in the name of the Town of Bedford, with other governments to carry out the terms of this chapter, provided any such agreement does not violate any provision of the Uniform Code, the EC3, Part 1203 of Title 19 of the NYCRR, or any other applicable state, county or local law or regulation.

§ 59-21 Severability.

If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, by a court of competent jurisdiction, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.

§ 59-22 Variances.

Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter or any rule or regulation hereunder, which provision is not also required by the Uniform Code, EC3 or applicable state, county or local law or regulation, application for variances consistent with the spirit of this chapter and any such rule or regulation may be made to the Town Zoning Board of Appeals, and the Zoning Board of appeals shall be empowered to grant a variance therefrom where the Zoning Board of Appeals has found that:

The application of the strict letter of any provision of this chapter would create practical difficulties or an unnecessary hardship for the applicant; and

The application of the strict letter of any provision of this chapter will not significantly jeopardize human life.

[Added 12-20-2022 by L.L. No. 22-2022]

The Building Inspector, or their duly authorized designee, shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following:

Design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;

Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and

Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:

The accompanying Flood Insurance Rate Map (FIRM);

Flood Boundary and Floodway Map (FBFM); and