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") by the County of Ulster, pursuant to § 381(2)
of the Executive Law. This chapter shall also provide for administration
and enforcement of the Uniform Code with respect to County buildings,
premises and equipment as hereinafter set forth. Except as otherwise
provided in the Uniform Code, Energy 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.
This chapter replaces in its entirety Local Law Number 2 of 1986 of
the County of Ulster, entitled "A Local Law of the County Ulster Providing
for the Administration and Enforcement of the New York State Fire
Prevention and Building Code."
As used in this chapter, the following terms shall have the
meanings indicated:
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 permit issued pursuant to §
166-5 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
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 §
166-11 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.
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Code Enforcement Officer of the Ulster County Department
of Health, Environmental Sanitation Division, shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter in all properly opted out localities. The Code Enforcement
Officer of the Ulster County Safety Department shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter for all buildings, premises, and equipment in the custody
of, or activities related thereto, undertaken by the County of Ulster.
A. 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 and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include building permits, certificates of
occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the 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, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to §
166-16A of this chapter;
(8) To collect fees as set by §
166-16A of this chapter;
(9) To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this County'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 Code Enforcement Officer by this chapter.
B. The Code Enforcement Officer shall possess background experience
related to building construction or fire prevention and shall, with
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and the
Code Enforcement Officer shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated there under.
C. In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be named by the corresponding
department head to serve as Acting Code Enforcement Officer. The Acting
Code Enforcement Officer shall, while serving shall exercise all powers
and fulfill all duties conferred upon the Code Enforcement Officer
by this chapter.
D. One or more Inspectors may 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, and each Inspector shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated there under.
Unsafe buildings, structures, and equipment, and conditions
of imminent danger, in this County shall be identified and addressed
in accordance with the following procedures:
A. General. When a building, structure or equipment is found to be unsafe,
or a structure is found to be unfit for human occupancy, such building,
structure or equipment shall be condemned pursuant to the provisions
of this chapter. As used in this section of this chapter, the following
terms shall have the meanings set forth below:
(1) Unsafe buildings or structures. An unsafe building or structure is
one that is found to be dangerous to the life, health, property, or
safety of the public or the occupants of the building or structure
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such building or structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation that
partial or complete collapse is possible. Buildings or structures
which may be unsafe include but are not limited to the following:
(a)
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(b)
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(c)
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(d)
Those which have been damaged by fire, wind, or other causes
so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of the County.
(e)
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
(f)
Those having inadequate facilities for egress in cases of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(g)
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(h)
Those which, because of their condition, are unsafe, unsanitary,
or dangerous to the health, safety, or general welfare of the people
of this County.
(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property, or safety of the public or
occupants of the premises, building or structure.
(3) Buildings or structures unfit for human occupancy. A building or
structure is unfit for human occupancy whenever such building or structure
is unsafe, unlawful or, because of the degree to which the building
or structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by the Uniform Code, or because the location
of the building or structure constitutes a hazard to the occupants
of the building or structure or to the public.
B. Inspection and report. The Ulster County Safety Department or Ulster
County Department of Health, upon information and belief that a building
or structure may be unsafe or unfit for human occupancy, shall cause
an inspection thereof to be made by the Code Enforcement Officer and
shall cause a report to be made containing the following information:
(1) A description of the premises;
(2) A statement of the particulars, if any, in which the building or
structure is unsafe or unfit for human occupancy; and
(3) A recommendation with respect to the repair or the demolition and
removal of the building or structure.
Said report shall be filed in the Ulster County Safety Department
or Ulster County Department of Health, respectively.
C. Notice and hearing. Upon a finding that a building or structure is
unsafe or unfit for human occupancy, the Code Enforcement Officer
shall notify the owner of record of the building or structure, and
may notify all others having an interest therein, either personally
or by certified mail, addressed to his or her last known address as
shown by the records of the Ulster County Clerk.
(1) Such notice shall be in writing and shall contain:
(a)
A description of the premises;
(b)
A statement of the particulars in which the building or structure
is unsafe or unfit for human occupancy;
(c)
An order requiring that the building or structure be repaired
and made safe or demolished and removed;
(d)
An order requiring that such repair or demolition and removal
be commenced within 10 days of the date of personal service or mailing
of the written notice and that repair or demolition and removal be
completed within 30 days after the date required for its commencement;
(e)
The date, time, and location of the hearing before a hearing
officer designated by the Ulster County Commissioner of Health relative
to the underlying unsafe building or structure, which hearing shall
be scheduled not less than five consecutive days from the date of
personal service or mailing of written notice;
(f)
A statement that, in the event of the failure, neglect, or refusal
to comply with the order to repair and make safe, or demolish and
remove, the unsafe building or structure, the Ulster County Safety
Department or Ulster County Department of Health is authorized to
provide for the security of the building or structure or for its demolition
and removal, to assess all expenses thereof against the land on which
it is located and to institute legal action to recover the costs of
demolition and removal of said unsafe building or structure, as well
as legal fees and expenses; and
(g)
A statement that the recipient of the notice may wish to consult
with an attorney in connection with the notice.
(2) If such service be by certified mail, the Code Enforcement Officer
shall post a copy of such notice on the premises. A copy of such notice
may also be filed in the office of the Ulster County Clerk in the
same manner as a notice of pendency pursuant to Article 65 of the
Civil Practice Law and Rules and shall have the same effect as a notice
of pendency as therein provided, except as hereinafter provided in
this subsection. A notice so filed shall be effective for a period
of one year from the date of filing; provided, however, that it may
be vacated upon the order of a judge or justice of a court of record
or upon consent of the Ulster County Attorney. Upon presentation of
and filing of such consent or certified copy of such order in the
office of the Ulster County Clerk, the aforementioned notice and any
record or docket thereof shall be marked as canceled of record by
said County Clerk.
(3) In the event that the one or more adult persons are residing and have a lawful interest in the unsafe building or structure at the time of the inspection referenced above in §
166-10B of this chapter
a copy of the written notice provided herein shall be served upon any one such adult person if such person can reasonably be found.
(4) In the event that the whereabouts of the owner of the unsafe building
or structure are unknown and cannot be ascertained after the exercise
of reasonable diligence by the Code Enforcement Officer, the Code
Enforcement Officer shall execute an affidavit to that effect, which
shall be filed in the Ulster County Safety Department or Ulster County
Department of Health, as applicable. In such a case, notice shall
be served by securely posting copy of said written notice on the unsafe
building or structure in a conspicuous location.
(5) In the event that the owner of the unsafe building or structure fails
or refuses to comply with the order to make safe or demolish and remove
said unsafe building or structure, and after a hearing has been held
in accordance with this section, the Ulster County Safety Department
or Ulster County Department of Health may cause said unsafe building
or structure to be made safe or demolished and removed.
(6) The County shall be reimbursed for all costs and expenses incurred by it in connection with the proceedings to make safe or demolish and remove any building or structure pursuant to §
166-10 of this chapter in addition to the actual cost of demolishing and removing said building or structure. Such costs and expenses may be assessed against and recovered from the land on which the building or structure was located. The County may also institute a civil action to recover said costs and expenses from the owner of the affected property.
D. Emergency powers. In cases of an emergency which, in the opinion
of the Code Enforcement Officer, involves conditions of imminent danger
to human life or health, the Code Enforcement Officer shall promptly
cause such building or structure, or portion thereof, to be made safe
or removed. In such cases of emergency:
(1) Posting, placarding, and condemning a building or structure may occur
immediately and the structure shall be vacated. The placard or notice
posted on the premises shall read as follows: "This structure is unsafe
and its occupancy has been prohibited by the Fire Code Official. It
shall be unlawful for any person to enter this structure except for
the purpose of securing the structure, making the required repairs,
removing the hazardous condition, or demolishing the structure." The
structure shall be cordoned off with caution tape, and all openings
on the ground level will be properly secured to prevent entry.
(2) The Code Enforcement Officer shall initiate the notice and hearing procedures contained in §
166-10 of this chapter as soon as practicable after causing such building or structure, or portion thereof, to be made safe or removed.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
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 compliant shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions an/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 §
166-13 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 fee schedule shall be established by resolution of the Legislature
of the County of Ulster. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter. The Ulster County Commissioner of Health
shall, for any properly opted out localities, establish, and from
time to time amend, the fees to be collected for building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections
and other actions of the Code Enforcement Officer. Such fees shall
be effective upon filing of the same with the Ulster County Clerk's
office. A schedule of such fees shall be made available upon request
to the Environmental Sanitation Division of the Ulster County Department
of Health. All requirements for payment of fees, otherwise payable
by applicants, pursuant to such fee schedule, shall be waived as they
pertain to enforcement of the Uniform Code with respect to buildings
premises and equipment in the custody of, or activities related thereto
by the County of Ulster.
The Legislature of the County of Ulster may,
by resolution, authorize a locality within Ulster County to enter
into an agreement, in the name of the County of Ulster, 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.