[HISTORY: Adopted by the Town Board of the
Town of Henrietta 11-20-1984; as amended 6-20-2001 by L.L. No. 3-2001 and 2-15-2006 by L.L. No. 1-2006.
Subsequent amendments noted where applicable.]
[Amended 6-22-2022 by L.L. No. 14-2022]
A.
Fire Prevention and Building Code - Uniform Code. There is hereby
adopted by the Town Board of the Town of Henrietta, New York, for
the purpose of prescribing regulations governing building construction
and conditions hazardous to life and property from fire, explosion
or other causes, the regulations and standards as set forth in the
New York State Uniform Fire Prevention and Building Code (henceforth
referred to as the "Uniform Code").
B.
Town of Henrietta Local Energy Code, NYStretch.
[Amended 10-26-2022 by L.L. No. 18-2022; 2-8-2023 by L.L. No. 2-2023]
(1)
The
Town of Henrietta's local energy conservation construction code is
the NY State Energy Code (see 19 NYCRR Part 1240), and, effective
as of January 1, 2023, as modified by NYStretch (NYStretch being the
"NYStretch Energy Code 2020" published by the New York State Energy
Research and Development Authority). Specifically, the Town's local
energy conservation construction code shall consist of the NY State
Energy Code, that is, those provisions currently set forth at 19 NYCRR
Part 1240 and the publications incorporated by reference therein,
provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016 shall
be deemed to be modified (per NYStretch, effective as of January 1,
2023) as follows:
(a)
In each case where a section, table, or appendix in the 2018 IECC is modified by NYStretch, the corresponding section, table, or appendix in the 2020 ECCCNYS shall be deemed to be modified in the same manner, subject to the following exception: the modification made by NYStretch to Chapter 6 Referenced Standards relating to Manual D-16: Residential Duct Systems by Part 3.17 of NYStretch shall not be deemed to be made to the corresponding Chapter in the 2020 ECCCNYS; and
(b)
In
each case where a section, table, or appendix is added to the 2018
IECC by NYStretch, such section, table, or appendix shall be deemed
to be added to the 2020 ECCCNYS, subject to the following exceptions:
[1]
Section C405.10 added to the 2018 IECC by Part 1.26 of NYStretch
shall not be deemed to be added to the 2020 ECCCNYS;
[2]
Section C405.11 added to the 2018 IECC by Part 1.27 of NYStretch
shall not be deemed to be added to the 2020 ECCCNYS;
[3]
Section R403.3.8 added to the 2018 IECC by Part 3.7 of NYStretch
shall not be deemed to be added to the 2020 ECCCNYS;
[4]
Section R403.6.2 added to the 2018 IECC by Part 3.11 of NYStretch
shall not be deemed to be added to the 2020 ECCCNYS; and
[5]
Section R404.2 added to the 2018 IECC by Part 3.14 of NYStretch shall
not be deemed to be added to the 2020 ECCCNYS; and
(c)
Each
section or table in ASHRAE 90.1-2016 that is modified by NYStretch
shall be deemed to be so modified; and
(d)
Each
section added to ASHRAE 90.1-2016 by NYStretch shall be deemed to
be added to ASHRAE 90.1-2016, subject to the following exceptions:
(e)
Relative
to Part 1.16, Section C405.2.1.4 of NYStretch for occupant sensor
control function for egress illumination, this requirement does not
apply to emergency lighting designated to meet Section 1008.3 of the
Building Code, and thus does not apply to emergency lighting designated
to meet Section 1008.3 of the 2020 Building Code of New York State.
Further, where lighting functions as both normal and emergency means
of egress illumination, such lighting must comply with Section 1008.3
of the 2020 Building Code while functioning during emergency operation.
(f)
Relative
to Part 1.20, C405.2.6.5 for outdoor parking area lighting control
of NYStretch, this is not intended to apply to emergency power for
illumination, designated to comply with Section 1008.3 of the 2020
Building Code of New York State. Additionally, Section C405.2.6 includes
an exception (1) for lighting for covered vehicle entrances (including
parking garages) and other parking structures where required for eye
adaptation. This is an exception to all requirements of Section C405.2.6,
including those of its subsections and new Subsection C405.2.6.5 of
NYStretch-2020.
C.
Variances from NYStretch.
(1)
Any standard or requirement of the Town of Henrietta local energy
code which comprises a modification by way of NYStretch may be varied
or modified, in whole or part, with regard to specific construction
upon application made by or on behalf of an owner, where, in the determination
of the Zoning Board of Appeals, strict compliance with such standard
or requirement would entail practical difficulty or cause any unnecessary
hardship in relation to such construction, provided, however, that
any such variance or modification shall provide for alternative energy
conservation standards or requirements to achieve to the extent practicable
the purposes of the Town's energy code. Relief under this section
shall not cause requirements to be less stringent than the unmodified
(i.e., non-NYStretch) NY State Energy Code.
(2)
Variance applications shall identify specific section(s) to be varied
and provide a brief description of the relief requested, including
a description of the practical difficulty, and alternative energy
conservation standards which are proposed to be provided to compensate.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
There
is hereby established in the Town of Henrietta the Department of Building
and Fire Prevention, for the administration and enforcement of the
provisions of all laws, ordinances, rules, regulations and orders
applicable to the location, design, materials, construction, alteration,
repair, equipment, maintenance, use, occupancy, removal and demolition
of buildings and structures and appurtenances located in the Town
of Henrietta.
B.
The
Town Official designated by the Town Board as the Director of Building
and Fire Prevention shall be in charge of and head the Department
of Building and Fire Prevention and shall report to the Town Supervisor.
The Director of Building and Fire Prevention shall be appointed
by the Town Board for a term of two years at a compensation to be
fixed by the Town Board. He shall not be removed from office except
for cause after hearing on specific charges before the Town Board.
[1]
Editor's Note: This local law, changing the term of office
from one year to two years, provided that it shall take effect 1-1-2018.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The Director of Building and Fire Prevention shall be the Town of
Henrietta Building Inspector, unless the Town Board appoints distinct
individuals to each role, in which case the Building Inspector shall
report to the Director.
B.
The Town Board may appoint one or more Assistant Building Inspectors,
as the need may appear, to carry out any or all of the duties of the
Town of Henrietta Building Inspector, at the direction of the Building
Inspector, or to otherwise carry out duties of the Department, as
directed by the Director. The compensation of such Assistant Building
Inspector(s) shall be fixed by the Town Board.
C.
The Town Board may appoint a Fire Marshal, as needed, to carry out any or all of the duties of the Town of Henrietta Fire Marshal, as more thoroughly described elsewhere, including in Chapter 119, Fire Prevention, who shall report to the Director.
[Amended 6-26-2019 by L.L. No. 5-2019]
In the absence of either the Fire Marshal or the Building Inspector
or in the case of his inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act on the behalf of the missing individual and to exercise
all of the powers conferred upon him by this chapter.
[Amended 6-26-2019 by L.L. No. 5-2019]
No official or employee of the Department of Building and Fire
Prevention shall, while acting pursuant to the provisions of this
chapter, be personally liable for any damage that may accrue to persons
or property as the result of any act required or permitted in the
discharge of his official duties, provided that such acts are performed
in good faith and without gross negligence.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The
Uniform Code and this chapter shall be administered and enforced by
the Building Inspector.
B.
The
Building Inspector shall issue appropriate notices or orders to remove
illegal or unsafe conditions, to require the necessary safeguards
during construction or demolition and to assure compliance with all
applicable laws, codes, ordinances, rules and regulations.
C.
Except
as otherwise specifically provided by law, ordinance, rule or regulation
or except as herein otherwise provided, the Building Inspector shall
administer and enforce all the provisions of laws, codes, ordinances,
rules, regulations and orders applicable to the location, design,
materials, construction, alteration, repair, equipment, maintenance,
use, occupancy, removal and demolition of buildings, structures and
appurtenances thereof.
D.
The
Department of Building and Fire Prevention shall be headed by a Town
official designated as the Director of Building and Fire Prevention,
who shall also be designated, known as, and serve as the Town of Henrietta
Building Inspector, unless the Town Board appoints two distinct individuals
to each position, in which case the Building Inspector shall report
to the Director. The Building Inspector may be assisted by one or
more Assistant Building Inspectors who shall have the power to act
generally for and on behalf of the Building Inspector. Additionally,
the Building Inspector may be assisted by one or more other employees,
including the Fire Marshal and the Code Compliance Inspector, as may
be deemed necessary by the Director, to carry out the functions of
the office.
E.
The
Building Inspector and/or their designee shall receive and review
permit applications, together with applicable drawings and other documents
as may be required, and shall issue permits for the construction,
installation, alteration, repair, removal and demolition of buildings,
structures or portions or accessories thereof and for equipment, plumbing,
electrical and other appurtenances thereof. He or she shall inspect
the premises for which such applications have been received or such
permits have been issued for the purpose of assuring compliance with
all applicable laws, codes, ordinances, rules and regulations. The
Building Inspector and/or their designee shall issue certificates
of occupancy for the purpose of certifying that the work has been
completed.
F.
The
Building Inspector and/or their designee may require the performance
of field or laboratory tests by qualified persons, service bureaus,
agencies or accredited and authoritative testing laboratories whenever
he or she may deem it necessary or appropriate to assure compliance
with the provisions of applicable laws, codes, ordinances, standards,
specifications, rules and regulations.
G.
The
Fire Marshal and Building Inspector shall be notified as soon as practicable
of all working fires which involve structural damage which affects
the continued occupancy of the premises or where such fire causes
the death or serious injury of any person.
H.
The
Building Inspector and/or their designee shall be authorized to recommend
qualifications, training programs and criteria for the certification
of inspectors should it be deemed necessary or appropriate.
I.
The
Building Inspector and/or their designee is also responsible for the
enforcement of all parking requirements in the Town of Henrietta.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The
Building Inspector and/or their designee shall keep permanent official
records of all transactions and activities of the Department of Building
and Fire Prevention, including all applications received, permits
and certificates issued, fees charged and collected, inspection reports
and notices and orders issued. All such records shall be public records
open to public inspection during business hours.
B.
The
Building Inspector and/or their designee shall annually submit to
the Town Board a written report and summary of all business conducted
by the Department of Building and Fire Prevention, including permits
and certificates issued, fees collected, orders and notices promulgated,
inspections and tests and appeals or litigation pending.
A.
No
person, firm or corporation shall commence the erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion
or change in the nature of the occupancy of any building or structure
or cause the same to be done without first obtaining a separate building
permit from the Department of Building and Fire Prevention 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.
[Amended 6-26-2019 by L.L. No. 5-2019]
B.
Application
for a building permit shall be made to the Building Inspector and/or
their designee on forms provided by the Department of Building and
Fire Prevention and shall contain the following information:
[Amended 6-26-2019 by L.L. No. 5-2019]
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and of the building or structure.
(3)
The 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)
A brief description of the nature of the proposed
work.
(7)
Such other information as may reasonably be required by the Fire
Marshal and/or Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
C.
Application shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work where such application is made
by a person other than the owner. It shall be accompanied by 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.
D.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan drawn to scale, showing the location and size of all proposed
new structures on the site, the nature and character of the work to
be performed and the materials to be incorporated, distance from lot
lines, the relationship of structures on adjoining streets, walks
and alleys and, where required by the Fire Marshal/Building Inspector,
details of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data.
E.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
F.
The
Building Inspector may waive the requirement for filing plans.
[Amended 6-26-2019 by L.L. No. 5-2019]
G.
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 Director of Building and Fire Prevention.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The Building Inspector and/or their designee shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith. The Building Inspector shall approve
or disapprove the application within a reasonable time.
[Amended 6-26-2019 by L.L. No. 5-2019]
B.
Upon approval of the application and upon receipt of the legal fees
therefor, the Building Inspector and/or their designee 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.
[Amended 6-26-2019 by L.L. No. 5-2019]
C.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of such approved
plans and specifications shall be retained in the files of the Department
of Building and Fire Prevention, and the other set shall be returned
to the applicant together with the building permit and shall be kept
at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
[Amended 6-26-2019 by L.L. No. 5-2019]
D.
If the application, together with the 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 Building Inspector and/or their designee shall disapprove the
same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Building Inspector and/or their
designee shall cause such refusal, together with the reasons therefor,
to be transmitted to the applicant in writing.
[Amended 6-26-2019 by L.L. No. 5-2019]
E.
The Town shall not issue a building permit without
obtaining from the permit applicant either:
(1)
Proof duly subscribed that workers' compensation insurance
and disability benefits coverage issued by an insurance carrier in
a form satisfactory to the Chair of the Workers' Compensation Board
as provided for in § 57 of the Workers' Compensation Law
is effective; or
(2)
An affidavit that such permit applicant has not engaged
an employer or any employees as those terms are defined in § 2
of the Workers' Compensation Law to perform work relating to such
building permit.
[Amended 2-18-2015 by L.L. No. 1-2015; 6-26-2019 by L.L. No. 6-2019]
A.
Building permit required; expiration.
(1)
Issuance of a building permit shall authorize work in accordance
with the application, plans and specifications on which it is based.
Building permits shall expire as follows, all in accordance with an
expiration date set by the Building Inspector:
(2)
Project sizes (and the associated expiration dates) are based on
the work to be performed, and are indicated on the Department of Building
and Fire Prevention Fee Schedule, which Schedule shall be approved
by the Town Board. In the instance that a particular project includes
work from multiple different project size categories, the expiration
date will be based upon the largest of the project sizes. If a building
permit does not otherwise fall into an indicated size category on
the Fee Schedule, then it shall be considered a medium project size.
The size categorization of any project for purposes of an expiration
date shall be in the sole discretion of the Building Inspector.
(3)
For any large project which exceeds a construction cost of $5,000,000,
the developer may request a longer expiration duration than indicated
above by submitting a request to the Director of Building and Fire
Prevention prior to issuance of the subject building permit. The request
is then sent to the Town Board for approval or rejection. If rejected,
the standard expiration duration shall apply.
[Added 10-29-2020 by L.L. No. 5-2020]
B.
Conformance of work. The issuance of a building permit shall constitute
authority to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application, plans and specifications. No building permit shall be
valid insofar as it authorizes the performance of work or the use
of materials which are not in accordance with the requirements of
the applicable building regulations.
C.
Extension of building permit. The Building Inspector is authorized
to grant a single six-month building permit extension upon application
therefore so long as the underlying building permit has not expired
at the time of application. The decision to grant or deny an extension
shall be based on the criteria set forth in the Building Permit Extension
Criteria document, which document shall be approved by the Town Board.
D.
Expiration and renewal of a building permit. Where a building permit
expires, it shall become invalid, null and void. Should an applicant
seek to complete the work related to an expired building permit, they
must apply anew for a new building permit. Should the plans and applicable
codes and regulations remain the same as the expired building permit,
the applicant may apply for a renewal and pay the associated renewal
fee (instead of the fee associated with a new building permit application).
A building permit may only be renewed once. If the work is not completed
and the renewed building permit closed in a satisfactory manner, the
applicant will be required to obtain a brand new permit and may be
subject to any changes in the Uniform Code.
E.
Enforcement. Enforcement of building permits shall be administered
by the Building and Fire Prevention Department.
See current schedule approved by the Town Board.
[Amended 6-26-2019 by L.L. No. 5-2019]
The Building Inspector and/or their designee may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds there has been any false statement or misrepresentation
made as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under the permit is not being
performed in accordance with the provisions of the application, plans
or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector
and/or their designee.
A.
Whenever the Building Inspector and/or their designee has reasonable
grounds to believe that work on any building or structure is being
performed in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued or in an unsafe and dangerous manner or
otherwise contrary to a lawful direction or order given by any board,
officer or official of the Town of Henrietta, including but not limited
to the Building Inspector, he shall notify the owner of the property,
the owner's agent or the person performing the work to suspend all
building activities until the stop order has been rescinded. Such
order and notice shall be in writing, shall state the conditions under
which the work may be resumed and may be served upon a person to whom
it is directed either by delivering it personally to him or by posting
the same upon a conspicuous portion of the building under construction
or any portion of the work being performed and by sending a copy of
the same by registered mail.
[Amended 6-26-2019 by L.L. No. 5-2019]
[Amended 6-26-2019 by L.L. No. 5-2019]
Any employee of the Department of Building and Fire Prevention
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at any
reasonable hour, and no person shall interfere with or prevent such
entry.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
No building hereafter erected shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Building Inspector.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Building Inspector.
C.
No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy shall have been issued
by the Building Inspector.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Before issuing a certificate of occupancy, the Building Inspector
and/or their designee shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair or change the
use or occupancy, and he may conduct such inspection as he deems appropriate
from time to time during and upon completion of the work for which
a building permit has been issued.
B.
There shall be maintained in the Department of Building and Fire
Prevention a record of all such examinations and inspections, together
with a record of findings of violations of the law.
A.
When after final inspection it is found that the proposed work has
been completed in accordance with the applicable building laws, ordinances
and regulations and also in accordance with the application plans
and specifications filed in connection with the issuance of the building
permit, the Building Inspector and/or their designee shall issue a
certificate of occupancy upon the form provided by him. If it is found
that the proposed work has not been properly completed, the Building
Inspector and/or their designee shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations.
[Amended 6-26-2019 by L.L. No. 5-2019]
B.
The certificates of occupancy shall certify that the work has been
completed and that the proposed use and occupancy are in conformity
with the provisions of the applicable building laws, ordinances and
regulations and shall specify the use or uses and the extent thereof
to which the building or structure or its several parts may be put.
[Amended 6-26-2019 by L.L. No. 5-2019]
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances and regulations, the Building
Inspector and/or their designee may require the same to be subjected
to tests in order to furnish proof of such compliance.
