[HISTORY: Adopted by the Town Board of the
Town of Sweden 3-25-2008 by L.L. No. 6-2008; amended in its entirety 12-13-2022 by L.L. No.
3-2022. Subsequent amendments noted where applicable.]
In this chapter, the following terms shall have the meanings
as shown in this section.
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by Sweden stating that work was done in
compliance with approved construction documents and all codes.
A document issued by Sweden certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, Sweden indicating
that the building, structure or portion thereof is in a condition
suitable for occupancy.
The Code Enforcement Officer appointed pursuant to this chapter.
Includes the Code Enforcement Officer and all inspectors.
The Uniform Code, the Energy Code and/or the Sweden Town
Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225, the publications incorporated
therein by reference, the applicable provisions of 19 NYCRR Part 1226
and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to this chapter. The term "operating
permit" shall also include an operating permit which is renewed, amended,
or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant
to this chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The Residential Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to this chapter.
The Town of Sweden.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the New York Code, Rules
and Regulations, 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 provisions of
the Uniform Code, the Energy Code and/or the Sweden Town Code. 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, operating permits, and all 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, operating permits, and to include any terms and conditions
as the Code Enforcement Officer may determine to be appropriate relating
to same;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of any certificate or permit, to conduct fire safety
and property maintenance inspections, to conduct inspections incidental
to the investigation of complaints, and/or to conduct all other inspections
required or permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders relating to any violation(s) of this chapter;
(7)
To maintain records;
(8)
To collect fees as set by the Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Sweden Town Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, the Sweden Town Code and this chapter, or to
abate or correct conditions not in compliance with the Uniform Code,
the Energy Code and/or the Sweden Town Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Board. 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. 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 the
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his/her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Board 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 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. 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 Board.
A.
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, the Energy Code and/or the Sweden Town 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 work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
No building permit shall be required for work in any of the following
categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(such as townhouses) which are used for tool/storage sheds, playhouses
or similar uses, provided that the gross floor area does not exceed
144 square feet.
(2)
Construction of temporary sets and scenery associated with motion
picture, television and theater uses.
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (such
as townhouses).
(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 that the replacement does
not alter the equipment's listing or render it inconsistent with
the equipment's original specifications.
C.
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, the Energy Code and/or the Sweden Town Code.
D.
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, the Energy Code and/or the Sweden Town 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 all 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 will not be accepted as part of an application
for a building permit unless they satisfy the requirements set forth
herein. 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 neither be construed as authorization
to commence work nor an indication that a building permit will be
issued. Work shall not be commenced until a building permit is issued.
F.
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, the Energy Code and/or the Sweden Town 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, the Energy Code and/or the Sweden Town Code.
G.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
H.
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 a new or amended building
permit reflecting such change is issued.
I.
Any building permit and/or extension relating to same shall become
invalid unless the authorized work is commenced within six months
following the date of issuance. Any building permit shall expire 12
months after the date of issuance. Any building permit and/or extension
relating to same which has become invalid or which has expired may
be renewed upon application by the permit holder, payment of the applicable
fee and approval of the application by the Code Enforcement Officer.
For good cause the Code Enforcement Officer may grant up to two six-month
extensions of 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 any applicable fee
and approval of said application by the Code Enforcement Officer.
J.
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, the Energy Code and/or the Sweden Town
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, the Energy Code and/or the Sweden Town Code;
and
(2)
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code, the Energy Code and/or
the Sweden Town Code.
K.
Any fee specified or determined in accordance with the provisions
relating to this chapter must be paid at the time a building permit
(an amended building permit and/or an extended/renewed building permit)
is issued.
A.
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 herein is ready
for inspection.
B.
The following elements of the construction process shall be inspected,
where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory manufactured buildings
and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
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 to the applicable requirements of the Uniform Code,
the Energy Code and/or the Sweden Town Code. Should a remote inspection
not afford the Code Enforcement Officer or such authorized inspector
sufficient information to make such a determination, an in-person
inspection shall be performed.
D.
After inspection, the work or a portion thereof shall be noted 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, the Energy
Code and/or the Sweden Town Code. Work not in compliance shall remain
exposed until brought into compliance with all applicable provisions
of the Uniform Code, the Energy Code and/or the Sweden Town Code,
reinspected and found satisfactory as completed.
E.
Any fee specified in or determined in accordance with the provisions
relating to this chapter must be paid prior to or at the time of each
inspection performed.
A.
The Code Enforcement Officer is authorized to issue stop-work orders
to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code, the Energy
Code and/or the Sweden Town 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, regardless of whether
such work is or is not work for which a building permit is required,
and regardless of whether a building permit has or has not been issued
for such work, or 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 and/or
has been suspended or revoked).
C.
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, by registered mail or by 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, by registered mail 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.
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.
The issuance of a stop-work order shall not be the exclusive remedy
available to address any event described herein, 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 herein or under any other applicable
state law or section of the Sweden Town Code. Any such other remedy
or penalty may be pursued at any time, whether prior to, or at the
time of.
A.
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, 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.
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, the Energy Code and/or the Sweden
Town Code, 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 said Codes. 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.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy.
(1)
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 that:
(a)
The building, structure or the portion thereof covered by the
temporary certificate of occupancy, may be occupied safely;
(b)
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
(c)
All required means of egress from the structure have been provided.
(2)
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.
(3)
A temporary certificate of occupancy shall be effective for a period
of time not to exceed six months to 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, the Energy Code and/or the Sweden Town Code.
E.
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.
F.
Any fee specified in or determined in accordance with the provisions
set forth herein must be paid at the time of submission of an application
for a certificate of occupancy, a certificate of compliance, or for
a temporary certificate of occupancy.
The chief of any fire department providing firefighting services
for a property within Sweden shall promptly notify the Code Enforcement
Office of any fire or explosion involving any structural damage, fuel-burning
appliance, chimney, or gas vent.
Unsafe buildings, structures, equipment and/or conditions of
imminent danger in Sweden shall be identified, addressed and/or defined
by New York State laws, various section of this Code, including this
immediate chapter, now in effect or as hereafter amended from time
to time.
A.
An operating permit 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 § 270.00;
(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 any permitting requirements
established by the Sweden Town Code, 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 200 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(7)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined through resolution
adopted by the Board; and
(8)
Other processes or activities or for operating any type of building,
structure or facility as determined through resolution adopted by
the Board.
B.
Any person who proposes to undertake any activity or to operate any
type of building listed herein shall be required to obtain an operating
permit prior to commencing such activity or operation.
C.
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 all 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.
D.
The Code Enforcement Officer, or an inspector authorized by the Code
Enforcement Officer, shall inspect the subject premises prior to the
issuance of an operating permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person
inspections may be performed when, at the discretion of the Code Enforcement
Officer or an inspector authorized by the Code Enforcement Officer,
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 inspector authorized
by the Code Enforcement Officer that the premises conform to the applicable
requirements of the Uniform Code, the Energy Code and/or the Sweden
Town Code. Should a remote inspection not afford the Town sufficient
information to make such a determination, an in-person inspection
shall be performed. After inspection, the premises shall be noted
satisfactory as completed and the operating permit shall be issued
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with the Uniform Code, the Energy
Code and/or the Sweden Town Code including a citation to specific
provision(s) that have not been met.
E.
In any circumstance in which more than one activity listed herein
is to be conducted at a location, the Code Enforcement Officer may
require a separate operating permit for each such activity or the
Code Enforcement Officer may, in his/her discretion, issue a single
operating permit to apply to all such activities.
F.
Operating permits shall be issued for a specified period of time
consistent with local conditions but in no event to exceed:
(1)
One hundred eighty days for tents, special event structures, and
other membrane structures;
(2)
Sixty days for alternative activities at a sugarhouse;
(3)
One year for all other activities, structures, and operations identified
herein. The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
G.
If the 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.
H.
Any fee specified in or determined in accordance with the provisions
set forth herein must be paid at the time submission of an application
for an operating permit, for an amended operating permit, or for reissue
or renewal of an operating permit.
A.
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/or
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.
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 to 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.
In addition to the inspections required hereinabove, 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 fail to comply with the Uniform Code,
the Energy Code and/or the Sweden Town Code; or
(3)
Receipt by the Code Enforcement Officer of any other information
believed by the Code Enforcement Officer to be reliable and giving
rise to reasonably believe that conditions or activities fail to comply
with the Uniform Code, the Energy Code and/or the Sweden Town Code,
provided that nothing herein 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.
Nothing herein 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.
E.
Any fee specified or determined in accordance with the provisions
relating to this chapter must be paid at the time a building permit
(an amended building permit and/or an extended/renewed building permit)
is issued. 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 and/or the Sweden
Town Code. The process for responding to a complaint shall include
any of the following steps as the Code Enforcement Officer deems 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
herein;
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 Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within Sweden
as required by the Uniform Code. Such determinations shall be made
in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to the following:
(1)
Design criteria to include ground snow load, wind design loads, seismic
category, potential damage from weathering, frost, and termites, winter
design temperature, if ice barrier underlayment is required, 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 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;
(6)
All complaints received;
(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 this chapter.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings, structures or appurtenances thereto shall be retained for
at least the minimum time period required by state law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Board a
written report and summary of all business conducted by the Code Enforcement
Officer and the inspectors, including a report and summary of all
transactions and activities described in this chapter 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 the Town, on a form prescribed by the Secretary
of State, a report of the activities of the Town 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 copies of the records and related materials Sweden is required
to maintain, copies 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, the Energy Code and/or the Sweden Town Code as may be
requested by the Department of State.
A.
Order 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 and/or the Sweden Town Code. 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 and/or the Sweden Town Code, shall specify the
provision or provisions of said codes and shall include a statement
substantially similar to the following:
"The person or entity served with an 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 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 to take such other protective actions (such as vacating the
building or barricading the area where the violations exist) which
are authorized herein 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.
(3)
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, by registered mail or by 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, by registered mail
or by 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.
The Code Enforcement Officer and each inspector are authorized to
issue appearance tickets for any violation.
C.
In addition to such other penalties as may be prescribed by state
law:
(1)
Any person who violates any provision herein 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 herein, shall be punishable by a fine of not more
than $200 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 and/or the Sweden Town Code, 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 chapter, shall be liable to pay 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 Sweden.
D.
An action or proceeding may be instituted in the name of Sweden with
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 and/or the Sweden Town Code, 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 herein. 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 and/or the Sweden Town Code or any stop-work order, order
to remedy or other order obtained under said Codes, an action or proceeding
may be commenced in the name of the Sweden with the Supreme Court
or any other court having the requisite jurisdiction to obtain an
order directing the removal of the building or structure or an abatement
of the violative conditions. No action or proceeding shall be commenced
without appropriate authorization from the Board.
E.
No remedy or penalty specified in this section shall be the exclusive
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 herein or in any other applicable law. Any
remedy or penalty specified herein may be pursued at any time, whether
prior to, simultaneously with, or after the pursuit of any other remedy
or penalty specified herein 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 Executive Law § 382,
Subdivision 2, and any remedy or penalty specified herein may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Executive Law § 382, Subdivision
2.
A.
The Board can from time to time establish by resolution the fee schedule
for the following:
(2)
Subdivisions.
(3)
Meteorological towers.
(4)
Telecommunication towers.
(5)
Carports, sheds.
(7)
Applications to the Zoning Board of Appeals.
(8)
Plan review.
(9)
Certificate of occupancy.
(10)
Temporary certificate of occupancy.
(11)
Sign permits.
(12)
Chimney, fireplaces and stoves.
(13)
Demolition permit.
(14)
Site plan review (plus cost of engineering fees and attorney
fees, if required).
(15)
Special use permit (plus the cost of engineering fees and attorney
fees, if required; includes site plan).
(16)
Area variances.
(17)
Use variance.
(18)
Appeal/interpretation.
(19)
Application for site plan approval (per lot).
(20)
Decks and porches.
(21)
Commercial solar farms.
B.
A fee schedule is located in the Office of the Town Clerk and at
the Office of Code Enforcement for the Town of Sweden.
C.
All fees must be paid at the time of submitting an application.
D.
All fees are nonrefundable.
E.
If other costs are actually incurred by Sweden, said cost will be
in addition to the established fee.
The Board may, by resolution, authorize entering into an agreement
with other governments or municipalities to carry out the terms herein,
provided that same does not violate any provision of the Uniform Code,
the Energy Code and/or the Sweden Town Code.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the Office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.
