[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 7-5-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 125,
Building Code Administration and Enforcement, adopted 3-5-2008 by L.L. No. 3-2008 (Ch. 42 of the 1988 Code), as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Village of Spencerport. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector/Code Enforcement Officer appointed pursuant to § 125-3B of this chapter.
A permit issued pursuant to § 125-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 125-7B of this chapter.
The Building Inspector/Code Enforcement Officer and all inspectors.
An order issued by the Building Inspector/Code Enforcement Officer pursuant to § 125-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 125-3D of this chapter.
A permit issued pursuant to § 125-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 125-6 of this chapter.
A certificate issued pursuant to § 125-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Spencerport.
A.
The office of Building Inspector/Code Enforcement Officer is hereby
created. The Building Inspector/Code Enforcement Officer shall administer
and enforce all the provisions of the Uniform Code, the Energy Code
and this chapter. The Building Inspector/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 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, temporary certificates and operating permits, and to
include in building permits, certificates of occupancy/certificates
of compliance, temporary certificates and operating permits such terms
and conditions as the Building Inspector/Code Enforcement Officer
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector/Code Enforcement Officer by this chapter.
B.
The Building Inspector/Code Enforcement Officer shall be appointed
by the Mayor subject to the approval of the Board of Trustees. The
Building Inspector/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 Building Inspector/Code Enforcement Officer shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
C.
In the event that the Building Inspector/Code Enforcement Officer
is unable to serve as such for any reason, an individual shall be
appointed by the Mayor subject to the approval of the Board of Trustees
to serve as Acting Building Inspector/Code Enforcement Officer. The
Acting Building Inspector/Code Enforcement Officer shall, during the
term of his or her appointment, exercise all powers and fulfill all
duties conferred upon the Building Inspector/Code Enforcement Officer
by this chapter.
D.
One or more inspectors may be appointed by the Mayor subject to the
approval of the Board of Trustees to act under the supervision and
direction of the Building Inspector/Code Enforcement Officer and to
assist the Building Inspector/Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Building
Inspector/Code Enforcement Officer by this chapter. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
E.
The compensation for the Building Inspector/Code Enforcement Officer
and inspectors shall be fixed from time to time by the Board of Trustees
of this Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, 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 Building Inspector/Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above the ground;
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(8)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
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 Building Inspector/Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or by an authorized agent of the owner. The application
shall include such information as the Building Inspector/Code Enforcement
Officer deems sufficient to permit a determination by the Building
Inspector/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 proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(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)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
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 Building Inspector/Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector/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 Building Inspector/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 performed 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 Building
Inspector/Code Enforcement Officer of any change occurring during
the course of the work. The building permit shall contain such a directive.
If the Building Inspector/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.
(1)
Building permits shall become invalid unless the authorized work
is commenced within six months following the date of issuance.
(2)
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Building Inspector/Code Enforcement Officer, provided that satisfactory
reason can be shown for failure to complete the work, or activity,
authorized pursuant to the permit within the required time period.
(3)
Extensions of the time limits for permits issued under this chapter
shall be discretionary and shall be determined in the sole discretion
of the Building Inspector. In making the decision to extend any building
permit issued pursuant to this chapter, the Building Inspector shall
consider, among other things: 1) whether the request for the extension
was timely made; 2) whether the permit holder has good cause for the
extension; 3) whether the permitted work has been substantially completed;
4) whether the work permitted by the building permit has been dutifully
pursued.
(4)
Any permit holder who is denied an extension pursuant to this provision
may appeal said determination to the Village Board of Trustees. Notice
of said appeal shall be filed with the Village Clerk within thirty
(30) days of said denial by the Building Inspector. Upon receipt of
a timely filed appeal, the Village Board of Trustees shall consider
the appeal at the next regularly scheduled meeting of the Village
Board of Trustees. The Village Board of Trustees shall consider any
testimony or evidence supplied by permit holder in support of their
appeal and shall consider the testimony and evidence provided by the
Building Inspector in support of their denial. Upon the conclusion
of the appeal, the Village Board of Trustees shall render a decision
within 21 calendar days and notify the permit holder and Building
Inspector, in writing, of their determination. No work shall be permitted
under the permit during the pendency of any appeals process.
J.
Revocation or suspension of building permits. If the Building Inspector/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 Building Inspector/Code Enforcement
Officer shall revoke the building permit or suspend the building permit
until such time as the permit holder demonstrates that all work then
completed is in compliance with all applicable provisions of the Uniform
Code and the Energy Code and all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform
Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector/Code Enforcement Officer or by an inspector authorized by the Building Inspector/Code Enforcement Officer. The permit holder shall notify the Building Inspector/Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection. Any application for, or acceptance of, any permit issued or requested pursuant to this chapter constitutes agreement and consent by the person, or entity, to allow the Building Inspector or his/her representative, to enter the premises at any reasonable time to conduct inspections as required by this chapter. Refusal to allow the Building Inspector, or his/her representative, to conduct said inspections of the premises and records shall constitute sufficient justification for the revocation or suspension of said permit. In addition, should the Building Inspector deem it necessary, application may be made to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation, except that upon the completion of the construction
of the footings, or after the placement of precast concrete or wooden
basement foundation walls, a certified survey confirming the basement
floor elevation as being in compliance with the approved subdivision
plan shall be required. No further construction shall occur until
such time as the provisions of this section have been complied with;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Building Inspector/Code Enforcement Officer
is authorized to issue stop-work orders pursuant to this section.
The Building Inspector/Code Enforcement Officer shall issue a stop-work
order to halt:
(1)
Any work that is determined by the Building Inspector/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 Building Inspector/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 be in writing,
be dated and signed by the Building Inspector/Code Enforcement Officer,
state the reason or reasons for issuance, and, if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Building Inspector/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 certified
mail. The Building Inspector/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 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.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 125-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy 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.
B.
Issuance of certificates of occupancy. The Building Inspector/Code
Enforcement Officer shall issue a certificate of occupancy if the
work which was the subject of the building permit was completed in
accordance with all applicable provisions of the Uniform Code and
Energy Code and, if applicable, 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 Building Inspector/Code Enforcement
Officer or an inspector authorized by the Building Inspector/Code
Enforcement Officer shall inspect the building, structure or work
prior to the issuance of a certificate of occupancy. 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 Building Inspector/Code
Enforcement Officer, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Building Inspector/Code Enforcement
Officer prior to the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate of occupancy
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, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Building Inspector/Code Enforcement Officer
issuing the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Building Inspector/Code Enforcement Officer
shall be permitted to issue a temporary certificate 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 Building Inspector/Code Enforcement
Officer issue a temporary certificate unless the Building Inspector/Code
Enforcement Officer determines that the building or structure, or
the portion thereof covered by the temporary certificate, may be occupied
safely, that any fire- and smoke-detecting or fire protection equipment
which has been installed is operational, and that all required means
of egress from the building or structure have been provided. The Building
Inspector/Code Enforcement Officer may include in a temporary certificate
such terms and conditions as said Building Inspector/Code Enforcement
Officer deems necessary or appropriate to ensure safety or to further
the purposes and intent of the Uniform Code. A temporary certificate
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Building Inspector/Code Enforcement
Officer and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, the permit holder
shall undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
E.
Revocation or suspension of certificates. If the Building Inspector/Code
Enforcement Officer determines that a certificate of occupancy or
a temporary certificate was issued in error because of incorrect,
inaccurate or incomplete information, and if the relevant deficiencies
are not corrected to the satisfaction of the Building Inspector/Code
Enforcement Officer within such period of time as shall be specified
by the Building Inspector/Code Enforcement Officer, the Building Inspector/Code
Enforcement Officer shall revoke or suspend such certificate.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Building
Inspector/Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures contained in Chapter 129, Buildings, Unsafe, of the Code of the Village of Spencerport.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of the Village of Spencerport.
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 Building Inspector/Code Enforcement Officer. Such application
shall include such information as the Building Inspector/Code Enforcement
Officer deems sufficient to permit a determination by the Building
Inspector/Code Enforcement Officer that quantities, materials, and
activities conform to the requirements of the Uniform Code. If the
Building Inspector/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 Building Inspector/Code
Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Building Inspector/Code Enforcement Officer or an
inspector authorized by the Building Inspector/Code Enforcement Officer
shall inspect the subject premises prior to the issuance of an operating
permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector/Code Enforcement Officer may require a separate operating permit for each such activity, or the Building Inspector/Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall remain in
effect until reissued, renewed, revoked or suspended.
F.
Revocation or suspension of operating permits. If the Building Inspector/Code
Enforcement Officer determines that any activity or building for which
an operating permit was issued does not comply with any applicable
provision of the Uniform Code, such operating permit shall be revoked
or suspended.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Building Inspector/Code
Enforcement Officer or an inspector designated by the Building Inspector/Code
Enforcement Officer at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector/Code Enforcement Officer or an inspector designated by the Building Inspector/Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector/Code Enforcement Officer of a written statement alleging 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.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Building Inspector/Code Enforcement Officer shall not perform
firesafety and property maintenance inspections of a building or structure
which contains an area of public assembly if OFPC performs firesafety
and property maintenance inspections of such building or structure
at least once every 12 months;
(2)
The Building Inspector/Code Enforcement Officer shall not perform
firesafety and property maintenance inspections of a building or structure
occupied as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Building Inspector/Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Building Inspector/Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Building Inspector/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 chapter, or any other local law or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include
such of the following steps as the Building Inspector/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 § 125-15, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Building Inspector/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, temporary certificates,
stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
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 Building Inspector/Code Enforcement Officer shall annually submit to the Board of Trustees of the Village of Spencerport a written report and summary of all business conducted by the Building Inspector/Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 125-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector/Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code.
C.
The Building Inspector/Code Enforcement Officer shall, upon request
of the New York State Department of State, provide to the New York
State Department of State, from the records and related materials
this Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Village in connection with administration and enforcement of
the Uniform Code.
A.
Compliance orders. The Building Inspector/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 chapter. Upon finding that any such condition or activity exists,
the Building Inspector/Code Enforcement Officer shall issue a compliance
order. The compliance order shall be in writing; be dated and signed
by the Building Inspector/Code Enforcement Officer; specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; specify the provision or provisions of the Uniform Code,
the Energy Code, or this chapter which is/are violated by the specified
condition or activity; specify the period of time which the Building
Inspector/Code Enforcement Officer deems to be reasonably necessary
for achieving compliance; direct that compliance be achieved within
the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Building Inspector/Code Enforcement
Officer shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property personally or by certified
mail. The Building Inspector/Code Enforcement Officer shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by certified mail; 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 Building Inspector/Code Enforcement Officer
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Building
Inspector/Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to a civil penalty of not more than $200
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Village of Spencerport.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit, compliance
order, or other notice or order issued by the Building Inspector/Code
Enforcement Officer pursuant to any provision of this chapter. In
particular, but not by way of limitation, where the construction or
use of a building or structure is in violation of any provision of
the Uniform Code, the Energy Code, this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code or this chapter, an action or proceeding may
be commenced in the name of this Village, in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Board of Trustees of the Village of Spencerport.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 125-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 125-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
A fee schedule(s) shall be established by resolution of the
Board of Trustees of the Village of Spencerport. Such fee schedule(s)
may thereafter be amended from time to time by like resolution. The
fees set forth in, or determined in accordance with, such fee schedule(s)
or amended fee schedule(s) shall be charged and collected for the
submission of applications, the issuance of building permits, amended
building permits, renewed building permits, certificates of occupancy,
temporary certificates, operating permits, firesafety and property
maintenance inspections, and other actions of the Building Inspector/Code
Enforcement Officer described in or contemplated by this chapter.
Such fee schedule(s) shall be contained in the office of the Clerk
of the Village of Spencerport.
The Board of Trustees of this Village of Spencerport may, by
resolution, authorize the Mayor of this Village of Spencerport to
enter into an agreement, in the name of this Village, with other governments
to carry out the terms of this chapter, 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.
