In this chapter, the following terms shall have the meanings
shown in this section:
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.
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.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to and approved by the Village
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 140-3B of this chapter.
Includes the Chief Building Inspector and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
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.
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.
An inspector appointed pursuant to § 140-5 of this chapter.
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.
The State of New York or New York State.
A permit issued pursuant to § 140-20 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 chapter.
An order issued by any code enforcement personnel pursuant to § 140-26 of this chapter.
The person to whom a building permit has been issued.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to section § 140-16 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 140-17D of this chapter.
The Town of Orangetown.
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 Village of Nyack.
A.
There is hereby established in the Village of Nyack a department
to be designated as the Building Department for the administration
and enforcement of the provisions of the Uniform Code, the Energy
Code, this chapter, and 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 their appurtenances
located in the Village of Nyack.
B.
The Department of Buildings shall be headed by a Village official
designated as the Chief Building Inspector.
A.
The Chief Building Inspector shall be a person who shall have had
at least five years' experience as a licensed professional engineer
or architect, building inspector, building contractor or supervisor
of building construction possessing background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training, and other training as the State of New
York shall require for code enforcement personnel, and the Chief Building
Inspector shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
B.
The Chief Building Inspector shall be appointed by the Mayor, with
the consent of the Village Board, for a term of five years at a compensation
to be fixed by the Village Board. He shall not be removed from office
except for cause after a public hearing on specific charges before
the Village Board.
A.
The Village Board may appoint one or more Deputy Building Inspectors,
as the need may appear, to exercise, pursuant to the provisions of
this article, any or all of the duties of the Chief Building Inspector.
The compensation of such Deputy Building Inspector shall be fixed
by the Village Board.
B.
The Deputy Building Inspector shall be a person who has had at least
three years of practical experience in the design or construction
of buildings or in the design, construction or installation of plumbing,
heating or electrical equipment.
The Chief Building Inspector may appoint such other inspectors
as may be authorized from time to time by the Village Board to act
under the supervision and direction of the Chief Building Inspector
and to assist the Chief Building Inspector in the exercise of the
powers and fulfillment of the duties conferred upon the Chief Building
Inspector by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
In the absence of the Chief Building Inspector or in the case
of his inability to act for any reason, the Mayor shall have the power,
with the consent of the Village Board, to designate a person to act
in his behalf and to exercise all of the powers and fulfill all duties
conferred upon the Chief Building Inspector by this article.
No officer or employee of the Building Department shall engage
in any activity inconsistent with his duties or with the interests
of the Building Department; nor shall be, during the term of his employment,
be engaged directly or indirectly in any building business, in the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within this Village, excepting only that
this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him.
No official or employee of the Building Department shall, while
acting pursuant to the provisions of this article, 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.
The Mayor, with the consent of the Village Board, in lieu of
the establishment of a Building Department operating solely for and
on behalf of this Village may, for the purpose of administering and
enforcing all laws, ordinances and regulations covering the construction,
alteration, repair or demolition of buildings and structures:
A.
Contract with another municipality under such terms and conditions
as may be provided in such contract for such administration and enforcement
to be handled by the Building Department or other appropriate officials
of such other municipality; or
B.
Establish a Building Department jointly with one or more other cities,
villages or towns for the administration and enforcement of such laws,
ordinances or regulations, and such Building Department shall operate
to administer and enforce such building laws, regulations and ordinances
in the several cities, towns or villages covered by such joint agreement.
Provision shall be made, by agreement, for the appropriation, custody,
audit, approval and payment of funds sufficient to defray the expense
of operation of such joint Building Department, including salaries,
and for the proportionate cost of the expense of operation to be borne
by each municipality. The manner of employment of personnel and custody
and payment of money shall be provided by agreement, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
A.
Except as otherwise specifically provided by law, ordinance or regulation,
or except as herein otherwise provided, the Chief Building Inspector
shall administer and enforce all of the provisions of laws, ordinances
and regulations applicable to the construction, alteration, repair,
removal and demolition of buildings and structures, and the installation
and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof. The Chief Building Inspector shall:
(1)
Receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and the plans, specifications, and construction
documents submitted with such applications for the erection, alteration,
removal and demolition of buildings or structures or parts thereof.
(2)
Upon approval of such applications, issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and include in terms and conditions as the Chief Building
Inspector may determine to be appropriate in such building permits,
certificates of occupancy, certificates of compliance, temporary certificates
of occupancy, and operating permits.
(3)
Conduct construction inspections; inspections to be made prior to
the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and building permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter.
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 the carrying
out of his duties, except that he may accept written reports of inspection
from Deputy Building Inspectors or other employees of the Department
of Buildings or from generally recognized and authoritative services
and inspection bureaus, provided the same are certified by a responsible
official thereof.
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.
D.
The Chief Building Inspector, or his duly authorized assistant(s),
shall have the right to enter any building or enter upon any land
at any reasonable hour in the course of his duties. He shall maintain
files of all applications for building permits and plans submitted
therewith and for certificates of occupancy and records of all building
permits and certificates of occupancy issued by him, which files and
records shall be open to public inspection.
E.
Said Chief Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this article or of Chapter 360, Zoning, and of the action taken consequent on each such complaint, which records shall be public records. He shall report to the Board of Trustees, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him consequent thereon.
F.
The Chief Building Inspector shall make the necessary inspections for the purpose of ascertaining whether existing conditions comply with the provisions of this article and/or Chapter 360, Zoning. The Chief Building Inspector shall, where it is determined that a violation exists, issue an order to remedy the violation. Said order shall set forth the violation and a date by which the violation shall be corrected or remedied.
G.
At the request of the Board of Trustees, the Building Inspector shall
inspect any premises for the purpose of ascertaining whether or not
existing conditions comply with the provisions of this article and
report, in writing, to said Board the results of his findings.
H.
The Chief Building Inspector shall issue stop-work orders; review and investigate complaints; issue orders pursuant to § 140-26, Orders to remedy; appearance tickets, penalties, injunctive relief, of this chapter; maintain records; collect fees as set by the Village Board; pursue administrative enforcement actions and proceedings; in consultation with this Village's attorney, pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and exercise all other power and fulfill all other duties conferred upon the Chief Building Inspector.
A.
The Chief Building Inspector shall keep permanent official records of all transactions and activities conducted by the Building Department, including records of all applications received, reviewed and approved or denied; all plans, specifications and construction documents approved; all building permits, certificates of occupancy, certificates of compliance, temporary certificates, and stop-work orders issued; all inspections and tests performed; all statements and reports issued; all complaints received; all investigations conducted; all condition assessment reports received; all fees charged and collected; and all other features and activities specified in or contemplated by Article I of this chapter. All such records shall be public records open to public inspection during business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
B.
The Chief Building Inspector shall annually submit to the Village
Board a written report and summary of all business conducted by the
Building Department, including permits and certificates issued, fees
collected, orders and notices promulgated, inspections and tests made
and appeals or litigation pending.
The Chief 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 and Health Departments and of
all other municipal officials exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of
equipment therein.
A.
Building permit required.
(1)
A building permit shall be required for any work which must conform
to the Uniform Code and/or the Energy Code, including, but not limited
to, the erection, construction, enlargement, alteration, removal,
improvement, relocation, demolition, conversion or change in the nature
of the occupancy of any building or structure or any portion thereof,
and the installation of a solid-fuel-burning heating appliance, chimney,
or flue in any dwelling unit. No person, firm or corporation shall
commence any work for which a building permit is required without
first obtaining a separate building permit from the Building Department
for each such building or structure, except that no building permit
shall be required for the performance of ordinary repairs which are
not structural in nature or in any of the following categories:
(a)
Construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family
dwellings (townhouses), which are used for tool and storage sheds,
playhouses, or similar uses, provided the gross floor area does not
exceed 140 square feet;
(b)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(c)
Installation of partitions or movable cases less than five feet
nine inches in height;
(d)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(e)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
B.
Application for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Chief Building Inspector. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Chief Building Inspector deems sufficient to permit
a determination by the Chief Building Inspector that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the location, nature, extent, and scope of the proposed
work.
(2)
A statement of the use or occupancy classification of all parts of
the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers, if any of them
are corporations.
(5)
The Tax Map number and the street address of any affected building
or structure.
(6)
Such other information as may reasonably be required by the Chief
Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
(7)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code.
(8)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
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.
(9)
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection B(8) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Chief Building Inspector in writing or by stamp or, in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Chief Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement 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 a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
C.
Entity disclosure.
(1)
Applications shall be made by the owner (legal, beneficial, or equitable)
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 an affidavit of the owner or applicant that the proposed work is
authorized by the owner and that the applicant is authorized to make
such application.
(2)
A building permit application within the Village that lists an entity
as the owner or applicant shall complete an entity disclosure statement
in a form approved by the Village Board from time to time by resolution,
and provide all information required in said form. Said entity disclosure
statement shall be affirmed or sworn to under the penalty of perjury
and shall be filed along with any such land use application or request
for permission to undertake any construction activity within the Village.
An entity shall mean a limited-liability company, limited-liability
partnership, general or limited partnership, professional corporation,
joint venture, "doing business as" name or venture, association or
non-publicly traded corporation.
(3)
In the event that, prior to issuance of a certificate of occupancy
for any project under this article, a project that has previously
received approval is in any manner transferred, whether by transfer
of the property or transfer of the management and/or operation of
the original entity making application to another entity, the transferring
entity shall notify the Village and such succeeding entity must fully
comply with this article before any work on the project shall be permitted
to proceed. It shall be the responsibility of both the applicant and
the entity to which transfer is being made to notify the Village of
any such transfer.
(4)
The Village shall not process, hear, rehear, approve or sign any
new or pending preliminary or final site plan, preliminary or final
subdivision map, special permit, variance or other land use application
or permit which relates directly or indirectly to any construction,
including but not limited to any grading permit, erosion and sediment
control permit, wetland permit, sewer connection permit, floodplain
development permit, or water connection permit, which may be granted
in association with any construction unless the application includes
a fully completed entity disclosure statement signed and either sworn
to or affirmed and submitted with said application to the respective
Board.
(5)
Said entity disclosure statement shall apply to any land use applications,
approvals or permission sought from the Chief Building Inspector,
Village Board, Village Planning Board, Village Zoning Board of Appeals,
and the Architectural Review Board should such application or applications
ultimately require the issuance of a building permit. The Village
shall not process, hear, rehear, approve or sign any new or pending
preliminary or final site plan, preliminary or final subdivision map,
special permit, variance or other land use application or permit which
relates directly or indirectly to any construction, including but
not limited to any grading permit, erosion and sediment control permit,
wetland permit, sewer connection permit, floodplain development permit,
or water connection permit, which may be granted in association with
any building permit unless the application includes a fully completed
entity disclosure statement signed and either a sworn to or affirmed
and submitted with said application to the respective Board.
(6)
An entity disclosure statement is not required for any of the following
activities:
(a)
Construction of a private garage not in excess of 500 square
feet. Said building shall not be used for any other purpose than the
storage of automotive vehicles.
(b)
Construction of accessory structures, other than garages, not
in excess of 300 square feet.
(c)
Construction of outdoor decks, sidewalks, or porches.
(d)
Construction of outdoor swimming pools.
(e)
Installation of fences.
(f)
Interior or exterior remodeling of a single-family detached
residential dwelling, in existence and with a valid certificate of
occupancy as of the effective date of this subsection, which does
not involve any change of use or increase in the size of the building,
including but not limited to window replacement, door replacement,
plumbing improvements, new siding, removal of interior walls, and
similar improvements.
(g)
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws.
(h)
Repair, involving the removal and installation of an individual
well or in-ground septic system, for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
chapter.
(i)
Construction of a private shed not exceeding 300 square feet.
(7)
Penalties.
(a)
Where an entity or its representative(s) refuses or fails to
provide the information required under this section, the further processing
of such application and any work related thereto ("the application")
shall be suspended in all respects until such time as the board or
official before which the application is submitted or pending determines
that the entity has fully complied with the provisions of this section.
In the event of any form of transfer of the property that is the subject
of the application occurs or the ownership and/or management of the
project is transferred in any manner to another entity during a pending
suspension of the application under this section, the application
shall remain suspended until such time as the succeeding entity shall
appear before such body or official before whom the application is
pending and obtain approval for any continued work in relation to
the application in addition to compliance with this section. The Building
Inspector is authorized to issue a stop-work order on any project
where an application has been suspended under this section.
(b)
Notwithstanding any other provision of this chapter of the Village Code, any entity or representative of an entity that provides false information or grossly inaccurate information regarding any application, or who fails to advise the Village of a change in ownership shall, in addition to the suspension of any pending application as set forth in Subsection C(7)(a) above, be subject to a fine not exceeding $1,000 for a violation of this section. The Village Chief Building Inspector or Inspectors authorized by him are hereby authorized to issue an appearance ticket or other process for a violation of this section. Except as provided otherwise by law, such a violation shall not be a crime but shall be a petty offense or infraction; 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. The continuation or repeat of a violation of, or failure to comply with, any provision of this chapter shall constitute, for each occurrence that transpires or each day on which the violation continues, a separate and distinct charge hereunder.
D.
The Chief Building Inspector may waive the requirement for filing
plans.
E.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Chief Building Inspector.
A.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Chief Building Inspector shall issue a building permit within
a reasonable time if the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code.
B.
Upon approval of the application and upon receipt of the legal fees
therefor, the Chief 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.
C.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
D.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the Chief Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Chief Building Inspector shall cause such refusal,
together with the reason therefor, to be transmitted to the applicant
in writing.
E.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with 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 Chief Building Inspector of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Chief Building Inspector determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
F.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed for a maximum of two extensions
for periods not to exceed six months upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Chief Building Inspector.
G.
Revocation or suspension of building permits. If the Chief Building
Inspector 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 or
the Energy Code, the Chief Building Inspector shall revoke the building
permit or suspend the building permit until such time as the permit
hoder demonstrates that 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
H.
Fees. A fee schedule shall be established by resolution of the Village
Board of Trustees. 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,
fire safety and property maintenance inspections, and other actions
of the Chief Building Inspector described in or contemplated by this
chapter.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Chief Building Inspector or by an inspector authorized by the Chief Building Inspector. The permit hoder shall notify the Chief Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, 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, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote inspections. At the discretion of the Chief Building Inspector
or Inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Chief Building Inspector or such authorized
inspector, 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 Chief Building Inspector or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Chief Building Inspector or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed or the permit hoder shall
be notified as to the manner in which the work fails to comply with
the Uniform Code or Energy Code, 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 or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Chief Building Inspector, or inspector authorized
by him, are authorized to issue stop-work orders pursuant to this
section. The Chief Building Inspector, or inspector authorized by
him, shall issue a stop-work order to halt:
(1)
Any work that is determined by the Chief Building Inspector to be
contrary to any applicable provision of the Uniform Code or Energy
Code, 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
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Chief Building Inspector, without regard to
whether such work is or is not work for which a permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
C.
Service of stop-work orders. The Chief 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 hoder,
on the permit hoder) personally or by registered mail. The Chief 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, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit hoder, 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 Chief Building Inspector
to correct the reason for issuing the stop-work order.
E.
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 or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 140-26, Orders to remedy; appearance tickets, penalties, injunctive relief, of this chapter or under any other applicable local law or state law. 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.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Chief Building Inspector shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Chief Building Inspector or an inspector authorized by the
Chief Building Inspector shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Chief Building Inspector, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Chief Building Inspector prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Chief Building Inspector issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Chief Building Inspector
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or 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 Chief Building Inspector issue
a temporary certificate of occupancy unless the Chief Building Inspector
determines 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 2) 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 3) that
all required means of egress from the structure have been provided.
The Chief Building Inspector may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Chief Building Inspector and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
hoder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
E.
Revocation or suspension of certificates. If the Chief Building Inspector
determines that a certificate of occupancy, certificate of compliance,
or a temporary certificate of occupancy was issued in error or on
the basis of incorrect information, and if the relevant deficiencies
are not corrected to the satisfaction of the Chief Building Inspector
within such period of time as shall be specified by the Chief Building
Inspector, the Chief Building Inspector shall revoke or suspend such
certificate.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Chief
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney, or gas vent.
A.
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
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 or by demolition, and equipment
and conditions of imminent danger in this Village shall be identified
and addressed in accordance with the procedures of this section and
PMCNYS Sections 102.4, 107 and 108, as now in effect or as hereafter
amended from time to time.
B.
The Chief Building Inspector shall examine or cause to be examined
every building reported as unsafe or damaged and shall make a written
record of such examination.
C.
Whenever the Chief Building Inspector shall find any building or structure, or portion thereof, to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 140-16 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner, within a stated time, either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
D.
If the Chief 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
official. The Building Inspector shall cause to be posted at each
entrance to such building a notice: "THIS BUILDING IS UNSAFE AND ITS
USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT."
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 Chief Building Inspector,
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing same.
E.
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 notice to repair, rehabilitate
or to demolish and remove said building or structure, or portion thereof,
the Village Counsel shall be advised of all the facts in the case
and shall institute an appropriate action in the courts to compel
compliance.
F.
In cases of emergency which, in the opinion of the Chief 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 and at such cost as may be necessary. He may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary and, for this purpose, may close a
public or private way.
A.
Operating permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
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.
(2)
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:
(a)
Chapter 22, "Combustible Dust-Producing Operations" (facilities where the operation produces combustible dust);
(b)
Chapter 24, "Flammable Finishes" (operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS);
(c)
Chapter 25, "Fruit and Crop Ripening" (operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas);
(d)
Chapter 26, "Fumigation and Insecticidal Fogging" (conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling);
(e)
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);
(f)
Chapter 32, "High-Piled Combustible Storage" (high-piled combustible
storage facilities with more than 500 square feet, including aisles,
of high-piled storage);
(g)
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);
(h)
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 where performed by
the occupant of a detached one- or two-family dwelling);
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions" (conducting
an alternative activity at a sugarhouse);
(j)
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 NYS Penal Law § 270);
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces" (conducting open burning, not including recreational
fires and portable outdoor fireplaces);
(l)
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
(m)
Section 319, "Mobile Food Preparation Vehicles" (operating a mobile food preparation vehicle in accordance with the permitting requirements established by § 140-21A(4), as now in effect or as hereafter amended from time to time).
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas.
(5)
Outdoor events where the planned attendance exceeds 1,000 persons.
(6)
Facilities that store, handle or use hazardous production materials.
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board.
(9)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Village Board. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Chief Building Inspector. Such application shall include such
information as the Chief Building Inspector deems sufficient to permit
a determination by the Chief Building Inspector that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Chief Building Inspector determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Chief Building Inspector, at the expense of the
applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 140-21, Fire safety and property maintenance inspections, of this chapter, and condition assessments are performed in compliance with § 140-23, Condition assessments of parking garages, of this chapter, as applicable.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Chief Building
Inspector, or an inspector designated by the Chief Building Inspector,
at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities;
(3)
At least once every 12 months for multiple dwellings and all nonresidential
occupancies; and
(4)
At least once every 12 months for mobile food preparation vehicles.
B.
Remote inspections. At the discretion of the Chief Building Inspector
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Chief Building Inspector or
such authorized inspector, 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 Chief Building Inspector
or such authorized inspector 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 Chief Building Inspector or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
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 Chief Building Inspector, or an inspector authorized to perform fire safety and property maintenance inspections, at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Chief Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Chief Building Inspector of any other information,
reasonably believed by the Chief Building Inspector to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection 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.
D.
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 NYS Office of Fire Prevention and Control
(OFPC) and the NYS Fire Administrator or other authorized entity under
NYS Executive Law § 156-e and NYS Education Law § 807-b.
The Chief Building Inspector 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 chapter,
or any other local law 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 Chief Building Inspector 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 § 140-17, Penalties for offenses, of this chapter.
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.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
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.
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.
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:
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.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
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.
B.
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 B(1) of this section, periodic condition assessments as described in Subsection B(2) of this section, and such additional condition assessments as may be required under Subsection C 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 Village in accordance with the requirements of Subsection D 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.
(1)
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(a)
Parking garages constructed on or after August 29, 2018, shall
undergo an initial condition assessment following construction and
prior to a certificate of occupancy or certificate of compliance being
issued for the structure.
(b)
Parking garages constructed prior to August 29, 2018, shall
undergo an initial condition assessment as follows:
[1]
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
[2]
If originally constructed between January 1, 1984 and December
31, 2002, then prior to October 1, 2020; and
[3]
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(c)
Any parking garage constructed prior to the effective date of
the local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
(2)
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
C.
Additional condition assessments.
(1)
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 B(2) 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.
(2)
If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, 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 B(2) 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 Village to be appropriate.
D.
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 Village within five days. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
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;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
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
(9)
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.
E.
Review condition assessment reports. The Village 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 Village shall, by order to remedy or such other means of enforcement as the Village 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 Subsection D(2) and (3). 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 Village 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.
F.
The Village 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 Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village 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.
G.
This section shall not limit or impair the right or the obligation
of the Village:
(1)
To perform such construction inspections as are required by § 140-5, Construction inspection, of this chapter;
(2)
To perform such periodic firesafety and property maintenance inspections as are required by § 140-11, Fire safety and property maintenance inspections, of this chapter; and/or
(3)
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 Village 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.
A.
The Chief Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village 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:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termites; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature.
(2)
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.
(3)
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:
B.
The Chief Building Inspector shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Chief Building Inspector, and shall make such record readily available to the public.
A.
The Chief Building Inspector shall annually submit to the Village Board a written report and summary of all business conducted by the Chief Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 140-11, Department records and reports, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Chief Building Inspector shall annually submit to the Secretary
of State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Chief Building Inspector shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of the records and related materials
this Village is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Orders to remedy. The Chief Building Inspector 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 Energy Code, or this chapter. An order to
remedy shall be in writing; shall be dated and signed by the Chief
Building Inspector; shall specify the condition or activity that violates
the Uniform Code, the Energy Code, or this chapter; shall specify
the provision or provisions of the Uniform Code, the Energy Code,
or this chapter which is/are violated by the specified condition or
activity; and shall include a statement substantially similar to the
following: "The person or entity served with this order to remedy
must completely remedy each violation described in this order to remedy
by [specify date], which is 30 days after the date of this order to
remedy." The order to remedy may include provisions ordering the person
or entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy 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 order to remedy;
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 Chief Building
Inspector may deem appropriate, during the period while such violations
are being remedied. The Chief Building Inspector shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Chief Building
Inspector shall be permitted, but not required, to cause the order
to remedy, 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 or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Chief Building Inspector and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Penalties. The below prescribed penalties are in addition to such
other penalties as may be prescribed by state law:
(1)
Any person who violates any provision of this chapter, or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, or other notice or order issued by the Chief Building
Inspector pursuant to any provision of this chapter, shall be punishable
by a fine of not more than $1,000, and such violation shall not be
a crime but shall be a petty offense or infraction; and the continuation
or repeat of a violation of, or failure to comply with, any provision
of this chapter shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Chief Building Inspector pursuant to any provision of this
chapter, shall be liable to pay a civil penalty of not more than $1,000
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, 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 Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Chief Building Inspector pursuant to any provision of this
chapter. 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 Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Village, in the Supreme Court or in any other
court having the requisite 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 shall be commenced without the appropriate authorization
from the Village Board.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 140-16, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, § 140-16, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A.
Plans and specifications for the erection, construction, enlargement,
alteration or improvement of multiple dwellings, industrial buildings,
commercial buildings, public buildings and mixed occupancy buildings
shall be approved by a registered architect or professional engineer
licensed to practice in the State of New York.
B.
Plans and specifications for the erection, construction, enlargement, alteration or improvement of any other building than those in Subsection A where the total valuation of the work to be performed costs more than $4,999 shall be approved by a registered architect or professional engineer licensed to practice in the State of New York.
C.
The Building Inspector may require the approval of plans by a licensed
architect or engineer for any work within this article, regardless
of cost, in order to protect the public health and welfare.
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 article 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 Chief
Building Department or inspector authorized by him 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 article, or any lawful order,
notice, directive, permit or certificate of the Building Department
made thereunder, shall be punishable by a fine of not more than $1,000,
and such violation shall not be a crime, but shall be a petty offense
or infraction; and the continuation or repeat of a violation of, or
failure to comply with, any provision of this chapter shall constitute,
for each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
C.
Except as provided otherwise by law, such a 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.
D.
This section shall not apply to violations of the provisions of the
State Building Construction Code punishable under NYS Executive Law § 382;
nor to violations of the provisions of the NYS Multiple Residence
Law punishable under NYS Multiple Residence Law § 304.
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.
