[Adopted 8-13-2001 by L.L. No. 2-2001]
The purpose of this article is to identify buildings
with truss and other lightweight construction by requiring the owner
and occupant to affix an identifying emblem on such buildings in order
to assist emergency personnel in the event of fire or other hazardous
condition.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING INSPECTOR
The duly appointed Building Inspector of the Town of Highlands,
his deputy or designee, or other enforcement officer appointed by
the Board of Trustees.
OWNER/OCCUPANT
Any natural person or individual, or any firm, partnership,
association, limited partnership, sole proprietorship, corporation,
or any other business entity or any government agency or entity.
STRUCTURE
An assembly of materials, forming a construction made of
component structural parts for occupancy or use, including buildings.
TRUSS AND LIGHTWEIGHT CONSTRUCTION
Structural components assembled from wood members, metal
connector plates or other metal fasteners; wooden I-beams; or any
single-plane framework of individual structural members, made of wood
or steel, connected at their ends to form a series of triangles to
span a distance greater than would be possible with any of the individual
members on its own.
This article shall be enforced by the Building
Inspector and any other officer authorized by resolution of the town.
All enforcement officers are authorized to issue violation notices
and appearance tickets.
Any person convicted of a violation of any provisions
of this article, for the first conviction thereof, shall be guilty
of a violation and shall be subject to a fine not to exceed $100 plus
an additional $25 for each day the violation continues.
[Adopted 7-14-2008 by L.L. No. 2-2008; amended in its entirety 12-27-2022 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 the Town of Highlands. 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 stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town 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,
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.
FIRESAFETY 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 or assistant inspector appointed pursuant to §
82-11D 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 §
82-19 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
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.
TOWN
The Town of Highlands.
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. Such Code includes:
B.
Building Code of NY State;
C.
Plumbing Code of NY State;
D.
Mechanical Code of NY State;
E.
Existing Building Code of NY State;
F.
Fuel Gas Code of NY State;
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Compliance
Supervisor 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 shall be identified and addressed in accordance with the procedures established by Chapter
88 of this Municipal Code, as now in effect or as hereafter amended from time to time.
Code compliance personnel 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, ordinance 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 Compliance Supervisor 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 §
82-26 (Violations; penalties for offenses) 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.
The fees set forth in or determined in accordance with Chapter
109, Fees, as it may be amended from time to time, 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, firesafety and property maintenance inspections, and other actions of the Code Compliance Supervisor described in or contemplated by this article.
The Town Board of this Town may, by resolution, authorize the
Supervisor of this Town to enter into an agreement or agreements,
in the name of this Town, 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.