[HISTORY: Adopted by the Town Board of the Town of Elma as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1946 by Ord. No. 1; amended in its entirety 9-22-1954]
It is the intent and purpose of this article to set certain
minimum requirements for the construction of:
A. New buildings for residential, commercial or industrial purposes.
B. Additions to or conversions of existing buildings to be used for
residential, commercial or industrial purposes in the Town of Elma.
Any person, persons or corporation desiring to construct a new
residential building or to add to an existing residential building
or to convert to a residential building, in the Town of Elma, shall
make written application, in duplicate, to the Town Clerk of said
Town upon forms supplied by the Clerk. Such forms shall contain the
name of the applicant, the name of the architect, if any, the name
of the builder and the full name and address of the owner of the property
or agent. Each application shall state the estimated cost of the undertaking
and shall be accompanied by drawings showing the size of the lot or
lots on which it is proposed to build, with floor plans and elevations
of the building or buildings, indicating overall dimensions, location
of various partitions, windows, doors and chimneys, the purpose of
rooms, together with a written description of the type of construction,
grade of materials and the finish to be used. The application shall
also be accompanied by a further form and a drawing to be submitted
to the Health Officer for his approval, showing construction or method
of sewage disposal, except when located within an approved sanitary
sewage disposal district.
[Amended 3-7-1979]
Any person desiring a building permit shall, at the time of
filing an application therefor, as provided in this article, pay to
the Town Clerk a fee or fees as fixed by resolution of the Town Board
from time to time.
[Added 10-19-1988]
A. A recreation filing fee shall be paid by the building permit applicant
with each residential building permit application, or in the alternative,
at the option of the Town Board, upon the recommendation of the Planning
Board, the Town may accept a contribution of land by a subdivision
applicant or developer for future development of recreational area
in lieu of per lot or unit charge.
B. The amount to be charged as a recreation filing fee, pursuant to
this section, shall be determined from time to time by resolution
of the Town Board.
A. Every application shall be verified by the owner or his agent. Upon
receipt of the applications by the Town Clerk, accompanied by the
required fees, the duplicate copy shall immediately be turned over
to the Building Inspector. If, in the judgment of the Building Inspector,
the application indicates that the contemplated construction will
comply with the requirements of this article, or any amendments thereto
which may hereafter be enacted by the Town of Elma, and the laws of
the State of New York, the Building Inspector shall issue a permit
to the applicant for the erection of the building and file the application
and a copy of the permit with the Town Clerk.
B. In addition, every such application shall contain plans showing the location of all downspouts, sump pump discharge and any other discharge other than sewerage discharge and how such discharges would be located on, and disposed of on, the premises for which a permit is sought. Such plans must be approved by both the Town Engineer and the Building Inspector and the work satisfactorily completed before a certificate of occupancy shall be issued. Plans for such discharge disposal shall take into consideration the ultimate disposal of such discharges and the ability of the final discharge point to carry the discharges and shall, in addition, minimize surface runoff onto adjacent properties. Such plans shall conform to any stormwater pollution plan approved by the Town for the project in accordance with Chapter
120 of this Code.
[Added 7-15-1981; amended 4-15-2015 by L.L. No. 2-2015]
[Amended 3-7-1979]
If the Building Inspector denies the application by reason of
nonconforming lot, land usage or construction or for any other reason,
then the applicant may file an appeal to the Zoning Board of Appeals.
Appeal applications may be obtained from the Building Inspector or
Town Clerk, and a fee, to be fixed by resolution of the Town Board
from time to time, must be paid to the Town Clerk for each application.
The Town Clerk shall forward an appeal application to the Chairman
of the Board of Appeals, together with a notation of payment of fee.
The Town Board, upon approval and passage of this article, shall
forthwith appoint a Building Inspector, whose term of office shall
expire on December 31, 1954, unless sooner removed by the Town Board.
At the first annual meeting of the Town Board on each succeeding year
thereafter, a Building Inspector shall be appointed for a term of
one year unless sooner removed by the Town Board.
A. The Building Inspector shall inspect all buildings covered by this
article at the time of their construction and shall notify the Town
Board of any noncompliance with the code in the construction of such
buildings.
B. The Building Inspector shall thereupon condemn and prohibit the use
of such buildings and shall notify the owner of such condemnation
and shall cause notice of such condemnation to be posted conspicuously
on such building. The Building Inspector is authorized to issue stop-work
orders for violations of the Town Building Code at any stage of construction
if, in the Building Inspector's opinion, noncompliance with the Building
Code at that stage of construction could adversely affect public health
or safety or soundness of the building, or such violation may be difficult
or impossible to reinspect for compliance if construction continues.
[Amended 7-3-1996]
C. The removal of such posted condemnation notice without the consent
of the Town Board shall be a violation punishable by a fine of not
more than $250 or imprisonment for not more than 15 days, or both.
[Amended 6-3-1981]
D. The condemnation notice shall be removed at the direction of the
Town Board upon written receipt from the Building Inspector that the
building has been reconstructed to comply with this code.
[Added 6-3-1981]
A. A person erecting a building, as set forth in §
52-1 without a permit shall be guilty of a violation, punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
B. Any person, firm, association or corporation charged with violating
any provision of this Building Code shall be notified, in writing,
to be served personally or by registered or certified mail, return
receipt requested, upon the same, and any person, firm, association
or corporation refusing, failing or neglecting to obey said notice
of violation within five days after such written notice shall have
been served shall, for each and every violation and for each and every
day such violation continues beyond such five-day period, be guilty
of a misdemeanor punishable by a fine not to exceed $500 or imprisonment
for a period not to exceed 30 days, or both. Each week's continued
violation thereafter shall constitute a separate additional violation.
[Amended 3-7-1984]
The Town of Elma hereby adopts the State of New York Building
Construction Code and accepts the applicability of the State Building
Construction Code for the Town of Elma of the County of Erie of the
State of New York in accordance with the provisions of § 374-a
of the Executive Law. The Elma Town Clerk be and hereby is instructed
to file a certified copy of this section in the principal office of
the State Building Code Commission at 1740 Broadway, New York, 19,
New York, and in the office of the Secretary of State at Albany, New
York.
[Added 1-2-1984 by L.L.
No. 1-1984]
Notwithstanding the provisions of §
52-10 of this article, and in accordance with the provisions of § 379, Subsection 1, of the Executive Law, the use of spruce material or a combination of pine/spruce/fir, known in the construction trade as "SPF," shall not be permitted in all construction in the Town of Elma, and the Building Inspector shall not hereafter issue building permits for structures containing such materials.
[Added 11-4-1987 by L.L.
No. 3-1987]
A. Notwithstanding the provisions of §
52-11 of this Code, spruce and SPF material may be used in the construction of buildings and structures not intended for residential use.
B. For the purposes of this section, "residential use" shall include
not only a dwelling, but also any portion of a structure attached
to a dwelling, except decking.
[Added 3-5-1986 by L.L.
No. 1-1986]
Notwithstanding any other provision of this Code or of the State
Fire Prevention and Building Code or of any other statute, rule or
regulation, wood foundations shall be permitted in the Town of Elma
only upon compliance with the following conditions:
A. For structures of not more than two stories in height.
B. The applicant for a building permit must submit with his application,
in addition to all other required data and documents, a report prepared
by a qualified soils engineer or soil scientist showing the type of
soil within the plot sight, its structural performance, drainage characteristics,
frost heave potential and volume change potential expansion.
C. The data listed in Subsection
B must indicate that the soil on the plot is adequate for the structure proposed with respect to design loads. Design loads from the American National Standards Institute Standard A58.1-1972 or other nationally recognized design reference shall be used as a guide.
D. The entire foundation shall be erected pursuant to any New York State
recognized standard generally accepted in the construction industry,
and the application for a building permit shall indicate the standard
being followed.
E. In the event that the Building Inspector is required to make more
inspections than normally required during the course of construction,
an additional inspection fee, to be fixed from time to time by resolution
of the Town Board, may be assessed by the Building Inspector, not
to exceed the sum of $100. All fees must be paid before a certificate
of occupancy is issued.
F. Before issuing a building permit for a structure having a wood foundation,
the Building Inspector must be satisfied that the person who will
install said foundation has sufficient experience and skill to properly
do so.
[Added 4-15-1987 by L.L.
No. 1-1987]
In any construction in the Town of Elma, roof sheathing shall
consist of not less than one-half-inch plywood, and floor sheathing
shall consist of not less than five-eighths-inch plywood. Aspenite,
flake board and like materials shall not be used.
[Adopted 2-22-2023 by L.L. No. 1-2023]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town of Elma. This article is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy Code other state law, or
other section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
In this article, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this article.
CERTIFICATE OF COMPLIANCE
A document issued by the Town of Elma stating that work was
done in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town of Elma certifying that the
building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Town of Elma, and indicating that the building or structure, or
portion thereof, is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
INSPECTOR
An inspector appointed pursuant to § 101-17D of
this article.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
52-24 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A. The Office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this article. The Code Enforcement
Officer shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificates of Occupancy, certificates of compliance, temporary
certificates of Occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue building permits, certificates
of Occupancy, certificates of compliance, temporary certificates of
Occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of Occupancy, certificates of compliance, temporary
certificates of Occupancy, and operating permits;
(3) To conduct construction inspections; inspections to be made prior
to the issuance of certificates of Occupancy, certificates of compliance,
temporary certificates of Occupancy, and operating 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 article;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to §
52-31A (Remedies, appearance tickets, penalties for offenses; injunctive relief) of this article;
(8) To collect fees as set by the Elma Town Board of this Town of Elma;
(9) To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Elma Town attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B. The Code Enforcement Officer shall be appointed by the Elma Town
Board and Erie County Civil Service requirements. The Code Enforcement
Officer shall possess 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 Code Enforcement Officer shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
C. In the event that the Code Enforcement Officer is unable to serve
as such for any reason, another individual shall be appointed by Elma
Town Board and Erie County Civil Service requirements to serve as
Acting Code Enforcement Officer. The Acting Code Enforcement Officer
shall, during the term of their appointment, exercise all powers and
fulfill all duties conferred upon the Code Enforcement Officer by
this article.
D. One or more inspectors may be appointed Elma Town Board and Erie
County Civil Service requirements to act under the supervision and
direction of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this article. 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.
E. The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Elma Town Board.
A. Building permits required. 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 construction, enlargement,
alteration, improvement, removal, relocation, or demolition 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 shall commence any work for which a building
permit is required without first having obtained a building permit
from the Town of Elma.
B. This subsection is intentionally omitted.
C. This subsection is intentionally omitted.
D. Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. 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 Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer 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) The Tax Map number and the street address of any affected building
or structure;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5) 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.
E. 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
D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer, 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 Code Enforcement Officer, 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.
F. 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 Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G. 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.
H. 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 Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer 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.
I. Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months months following the date of issuance.
Building permits shall expire 12 months months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J. Revocation or suspension of building permits. If the Code Enforcement
Officer 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 Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder 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.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in §
52-32 (Fees) of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 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;
(3) Preparation for concrete slab;
(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 factory 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 Code Enforcement Officer
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 Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer 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 holder
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.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
52-32 (Fees) of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
A. Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1) Any work that is determined by the Code Enforcement Officer 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 Code Enforcement Officer, 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
(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 1) be in writing;
2) be dated and signed by the Code Enforcement Officer; 3) state the
reason or reasons for issuance; and 4) if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C. Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by [registered mail/certified
mail]. The Code Enforcement Officer 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/certified 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 holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Code Enforcement Officer
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 Subdivision 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 §
52-31 (Remedies, appearance tickets, penalties for offenses; injunctive relief) of this article 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 Code Enforcement Officer 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 Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer 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 Code Enforcement Officer, at the expense of the applicant for
the certificate of Occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer 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 of 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 Code Enforcement Officer issuing the certificate
of Occupancy or certificate of compliance and the date of issuance.
D. Temporary certificate of occupancy. The Code Enforcement Officer
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 Code Enforcement Officer issue
a temporary certificate of Occupancy unless the Code Enforcement Officer
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 Code Enforcement Officer 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.
E. A temporary certificate of Occupancy shall be effective for a period
of time, not to exceed six months, which shall be determined by the
Code Enforcement Officer and specified in the temporary certificate
of Occupancy. During the specified period of effectiveness of the
temporary certificate of Occupancy, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
F. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of Occupancy, Certification
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 Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
52-32 (Fees) of this article must be paid at the time of submission of an application for a certificate of Occupancy, certificate of compliance, or for temporary certificate of Occupancy.
The chief of any fire department providing firefighting services
for a property within this Town of Elma shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Elma shall be identified and addressed in accordance with the procedures established by Elma Town Code, Chapter
56, as now in effect or as hereafter amended from time to time.
A. Operation permits required. Operating permits and or "Business use
permits" as defined by Town of Code 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 by-products 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 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 Local Law Number [_____of_____], 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;
(7) Parking garages as defined in Subdivision A of §
52-27 of this article;
(8) Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Elma Town Board of this Town of Elma; and
(9) Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Elma Town Board.
Any person who proposes to undertake any activity or to operate
any type of building listed in this Subdivision 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 Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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 Code Enforcement Officer, 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 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 §
52-25 (Fire safety and property maintenance inspections) of this article, and condition assessments are performed in compliance with §
52-27 (Condition assessments of parking garages) of this article, as applicable.
A. Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
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; and
(3) At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer
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 Code Enforcement Officer 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 Code Enforcement Officer
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 Code Enforcement Officer 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
Subdivision 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 Code Enforcement Officer
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 Code Enforcement Officer 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 Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer 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 article shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator or
other authorized entity under Executive Law § 156-e and
Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a fire safety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(1) The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR Section
1203.2(e);
(2) The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3) Such inspections are performed no less frequently than once a year;
(4) A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
(5) Upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by §
52-31 (Remedies, appearance tickets, penalties for offenses; injunctive relief) of this article.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
52-32 (Fees) of this article must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this article,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
52-31 (Remedies, appearance tickets, penalties for offenses; injunctive relief) of this article;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A. Definitions. For the purposes of this section:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
DETERIORATION
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
PARKING GARAGE
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
(1)
Buildings in which the only level used for parking or storage
of motor vehicles is on grade;
(2)
An attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and
(3)
A townhouse unit with attached parking exclusively for such
unit.
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
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
C of this section, periodic condition assessments as described in Subsection of this section, and such additional condition assessments as may be required under Subsection
E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Elma, in accordance with the requirements of Subsection
F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C. Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1) 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.
(2) Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3) 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 not more than six months after
the effective date of this article.
D. 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.
E. 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
C 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 Town of Elma becomes aware of any new or increased deterioration which, in the judgment of the Town of Elma, 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
C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town of Elma to be appropriate.
F. Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Town of Elma within 30 days of inspection.
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.
G. Review condition assessment reports. The Town of Elma shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town of Elma shall, by order to remedy or such other means of enforcement as the Town of Elma 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
F(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 Town of Elma 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.
H. The Town of Elma shall retain all condition assessment reports for
the life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Town of Elma with a written statement
attesting to the fact that he or she has been so engaged, the Town
of Elma shall make the previously prepared condition assessment reports
for such parking garage (or copies of such reports) available to such
professional engineer. The Town of Elma 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.
I. This section shall not limit or impair the right or the obligation
of the Town of Elma:
(1) To perform such construction inspections as are required by §
52-19 (Construction inspections) of this article;
(2) To perform such periodic fire safety and property maintenance inspections as are required by §
52-25 (Fire safety and property maintenance inspections) of this article; 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 Town of Elma 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 Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Town of Elma 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 termite; 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; and
(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:
(a)
The accompanying Flood Insurance Rate Map (FIRM);
(b)
Flood Boundary and Floodway Map (FBFM); and
(c)
Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the
climatic and geographic design criteria determined pursuant to Subdivision
A of this section, shall maintain such record within the office of
the Code Enforcement Officer, and shall make such record readily available
to the public.
A. The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1) All applications received, reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building permits, certificates of Occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(7) All investigations conducted;
(8) All condition assessment reports received;
(9) All fees charged and collected; and
(10)
All other features and activities specified in or contemplated by §§
52-18 through
52-28, inclusive, of this article.
B. All such records shall be public records open for public inspection
during normal 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.
A. The Code Enforcement Officer shall annually submit to the Elma Town Board of this Town of Elma a written building permit report and summary conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in §
52-28 (Recordkeeping) of this article and a report and summary of all appeals or litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town of Elma, on a form prescribed by
the Secretary of State, a report of the activities of this Town of
Elma relative to administration and enforcement of the Uniform Code.
C. The Code Enforcement Officer 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 Town of Elma 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.
(1) The Code Enforcement Officer 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 article. An order to remedy shall be
in writing; shall be dated and signed by the Code Enforcement Officer;
shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article; shall specify the provision
or provisions of the Uniform Code, the Energy Code, or this article
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."
(2) 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 article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer 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 Code Enforcement
Officer 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 Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C. Penalties. In addition to such other penalties as may be prescribed
by state law,
(1) Any person who violates any provision of this article 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 Code Enforcement
Officer pursuant to any provision of this article, shall be punishable
by a fine of not more than $250 per day of violation, or imprisonment
not exceeding 15 days, or both; and
(2) Any person who violates any provision of the Uniform Code, the Energy
Code or this article, 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 Code Enforcement Officer pursuant to any provision of this
article, shall be liable to pay a civil penalty of not more than $250
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 Town of Elma.
D. Injunctive relief. An action or proceeding may be instituted in the
name of this Town of Elma, 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
article, 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 Code Enforcement Officer pursuant to any provision of
this article. 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 article,
or any stop-work order, order to remedy or other order obtained under
the Uniform Code, the Energy Code or this article, an action or proceeding
may be commenced in the name of this Town of Elma, 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 Code Enforcement Officer/Elma
Town Board of this Town of Elma.
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 §
52-20 (Stop-work orders) of this article, in any other section of this article, 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, in §
52-20 (Stop-work orders) of this article, in any other section of this article, 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 fee schedule shall be established by resolution of the Elma
Town Board of this Town of Elma. Such fee schedule may thereafter
be amended from time to time by like resolution. The fees set forth
in, or determined in accordance with, such fee schedule or amended
fee schedule shall be charged and collected for the submission of
applications, the issuance of building permits, amended building permits,
renewed building permits, certificates of Occupancy, certificates
of compliance, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this article.
The Elma Town Board of this Town of Elma may, by resolution,
authorize the Code Enforcement Officer of this Town of Elma to enter
into an agreement, in the name of this Town of Elma, with other governments
to carry out the terms of this article, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
article.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.