Town of New Castle, NY Article II Administration and Enforcement

§ 48-2 Establishment of Building Department.

A. There is hereby established in the Town of New Castle a department, to be designated as the "Building Department," for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings and structures and their appurtenances located in the Town of New Castle.

B. The Building Department shall be headed by a Town official designated as the "Building Inspector."

§ 48-3 Appointment and compensation of Building Inspector.

The Building Inspector shall be appointed by the Town Board to serve at the pleasure of the Board at compensation to be fixed by the Town Board.

§ 48-4 Assistant Building Inspectors.

The Town Board may appoint one or more Assistant Building Inspectors, as the need may appear, to exercise, pursuant to the provisions of this chapter, any or all of the duties of the Building Inspector. The compensation of such Assistant Building Inspectors shall be fixed by the Town Board.

§ 48-5 Restrictions on employees.

No officer or employee of the Building Department shall engage in any activity inconsistent with his or her duties or with the interests of the Building Department; nor shall be, during the term of his or her employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of New Castle, except that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her.

§ 48-6 Relief from personal responsibility.

No official or employee of the Building Department shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his or her official duties, provided that such acts are performed in good faith and without gross negligence.

§ 48-7 Powers and duties of Inspector.

A. Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

B. The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.

C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He or she shall make all inspections which are necessary or proper for the carrying out of his or her duties, except that he or she may accept written reports of inspection from Assistant Building Inspectors or other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof.

D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require, at the expense of the applicant, the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.

E. The Building Inspector and Assistant Building Inspector 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 each shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

F. Dereliction of any duty or errors on the part of the Building Inspector shall not legalize any violation of this chapter and the Codes of the State of New York. The issuance of a building permit shall not be construed as authority to violate, cancel or set aside any part of this chapter and the Codes of the State of New York.

§ 48-8 Cooperation of other departments.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 48-9 Deposit of cash or bond against damages.

Where the building permit shall relate to property having frontage on a Town-owned road, the Building Inspector, as a condition of issuing the permit, may require the deposit with the Town Clerk of cash or bond approved by the Town Attorney in such sum, to be computed at a rate as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, as will reasonably compensate the Town for any damage to the shoulders, paved gutters and curbs or any other property in the Town's right-of-way along said frontage which might result from the work done by virtue of said permit and which shall not have been repaired to the satisfaction of the Building Inspector at the time the certificate of occupancy is issued. Any part of said deposit not necessary for such compensation shall be returned to the depositor.

§ 48-10 Enforcement agency.

A. Unless otherwise provided, the Building Inspector, Assistant Building Inspector and any other person designated by the Town Board for the purpose shall enforce the provisions of this chapter and any rules and regulations made or as may be made in furtherance thereof. The Building Inspector and Assistant Building Inspector are code enforcement officials as defined in the Codes of the State of New York. For enforcement purposes, such person may, from time to time, inspect any such building, structure or premises.

B. In addition to Town police officers, the Building Inspector and Assistant Building Inspector are hereby designated as persons authorized to issue and serve appearance tickets, as provided by Article 150 of the Criminal Procedure Law.

C. The Building Inspector and Assistant Building Inspector are 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, this chapter or Chapter 60 of the Code of the Town of New Castle. Upon finding that any such condition or activity exists, the Building Inspector shall issue a notice of violation. The notice of violation shall:

(1) Be in writing;

(2) Be dated and signed by the Building Inspector or Assistant Building Inspector;

(3) Specify the condition or activity that violates the Uniform Code, the Energy Code, or chapter of this Code;

(4) Specify the provision or provisions of the Uniform Code, the Energy Code, or chapter of this Code which is/are violated by the specified condition or activity;

(5) Specify the period of time which the Building Inspector or Assistant Building Inspector deems to be reasonably necessary for achieving compliance;

(6) Direct that compliance be achieved within the specified period of time; and

(7) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

D. The Building Inspector shall cause the notice of violation, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Building Inspector shall be permitted, but not required, to cause the notice of violation, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.

§ 48-11 Compliance with Chapter 60, Zoning.

No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of Chapter 60, except as permitted under § 60-540D(2). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of Chapter 60 shall be null and void.

§ 48-12 Permits required; applications; amendments.

[Amended 12-19-2017 by L.L. No. 1-2018; 12-6-2022 by L.L. No. 15-2022]

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 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 building system, solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person, firm, corporation or other entity shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.

B. No building permit shall be required for work in any of the following categories:

(1) Installation of swings and other manufactured playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (such as 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 aboveground.

(3) Installation of fences which are not part of an enclosure surrounding a swimming pool.

(4) Construction of temporary motion picture, television and theater stage sets and scenery.

(5) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses).

(6) Installation of partitions or movable cases less than five feet nine inches in height.

(7) Painting, wallpapering, tiling, carpeting, or other similar finish work.

(8) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.

(9) Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.

(10) Repairs, provided that such repairs do not have an impact on fire and life safety, such as: i) any part of the structural system, such as any structural beam or load-bearing component; ii) the required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; or iii) the fire protection system or the removal from service of all or part of a fire protection system for any period of time.

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 or any applicable provisions of the Code of the Town of New Castle. No person, firm or corporation shall commence construction of new buildings, additions to existing buildings or renovation, alteration, reconstruction, change in occupancy or use of buildings, and/or relocation of existing buildings without first obtaining the required permits from the Building Inspector.

D. There shall be no clearance or excavation made therefor or work begun thereon, nor shall blasting occur, until a permit therefor has been issued by the Building Inspector. Where blasting will take place, before a permit may be issued therefor, the applicant shall submit to the Building Inspector such information as may be required by the Building Inspector to determine the impact of such blasting on the surrounding property. Such information may include a pre-blast survey, test blast results and a blasting plan, as well as any other information reasonably required by the Building Inspector. Where deemed appropriate and necessary, the Building Inspector may establish a level and frequency of charges and blasts based upon all information submitted in accordance with the provisions of this chapter.

E. Application. Before any building permit shall be issued, written application therefor shall be made on official Town forms signed by the fee owner of the property or an authorized agent of the owner. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code and all applicable provisions of the Code of the Town of New Castle. 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;

(5) At least two sets of construction documents (drawings and/or specifications) drawn to scale which: i) describe the location, nature, extent and scope of the proposed work; ii) show that the proposed work will conform to the applicable provisions of the Uniform Code, Energy Code and Town Code; iii) show the location, construction, size and character of all portions of the same means of egress; iv) show a representation of the building thermal envelop; v) 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; vi) show the proposed structural, electrical, plumbing, mechanical, fire-protection and other service systems of the building; vii) include a written statement indicating compliance with the Energy Code; viii) 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 documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's Certificate of Authorization number;

(6) Except in the case of an application for signs, two copies of a site plan, drawn to scale, showing: i) the actual slope and dimensions of the lot to be built upon; ii) the exact size and location of all new construction on the lot and any existing buildings or structures that shall remain; iii) the existing and intended use of each building or part of the building; iv) the number of families that the building is designed to accommodate; v) the nature of the improvement; vi) the estimated cost and the intended use or purpose to be made of the improvement and premises; vii) the extent and location of any blasting required and the blaster's name and blaster's address and New York State license number; viii) the distances between the buildings and structures and the lot lines; ix) the established street grades and the proposed finished grades; x) as applicable, flood hazard areas, floodways, and design flood elevations; and xi) such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of the Uniform Code, the Energy Code and the Code of the Town of New Castle. The site plans shall be 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 documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's Certificate of Authorization number. One copy of such plan shall be returned to the owner, either in person or by mail, when such plans shall have been approved by the Building Inspector; and

(7) All building permit applications for construction of any single building in excess of 20,000 square feet or construction within an MF Zone or for projects for which a special permit under § 60-430O(9) (MFDRD) has been issued by the Planning Board shall be accompanied by an affidavit by the owner that the services of a New York State licensed professional engineer or registered architect will be retained for regular and periodic inspections of construction.

F. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection E(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 in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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 Building Inspector. 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.

G. Prior to the issuance of a building permit, the following approvals must be obtained.

(1) No building permit shall be issued for a use listed in § 60-410A or 60-410B of the Code of the Town of New Castle as requiring a special permit, except in conformity with the procedure set forth in § 60-430 of this Code.

(2) No building permit shall be issued for any use listed in § 60-410A or 60-410B of the Code of the Town of New Castle as subject to site development plan approval, except in conformity with the provisions of § 60-440 of the Code of the Town of New Castle.

(3) No building permit shall be issued for a use listed in § 60-410D(12) or 60-410D(13) of the Code of the Town of New Castle as requiring a sign permit, except in conformity with the provisions of § 60-410D of the Code of the Town of New Castle.

(4) No building permit shall be issued until such time as all necessary permits have been obtained from any other federal, state or local governmental agencies from which prior approval is required. The Building Inspector shall review the proposed action to assure that all necessary permits have been received from governmental agencies as required by federal and state law, including § 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334.

(5) The Building Inspector, upon consultation with the Town Engineer or Deputy Town Engineer, shall review all building permit applications for new construction and substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If the proposed building site is in an area of special flood hazard, compliance with Chapter 70, Flood Damage Prevention, shall also be required prior to the issuance of a building permit.

(6) The Building Inspector shall require, as a condition to the issuance of the building permit, any additional measures which the Building Inspector determines are necessary to comply with the requirements of the Uniform Code, Energy Code and applicable provisions of the Code of the Town of New Castle.

H. 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, Energy Code and applicable provisions of the Code of the Town of New Castle. The Building Inspector shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code, provisions of this chapter and any other applicable provisions of the Code of the Town of New Castle.

I. Each building permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises and shall contain a statement that all work shall be performed in accordance with the construction documents and site plan which were submitted with and accepted as part of the application for the building permit. It shall bear the date of issuance, the expiration date of the building permit and be signed by the official issuing the same. No building, land or premises shall be occupied or used for any purpose other than that stated in the permit.

J. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

K. All work shall be performed in accordance with the construction documents and site plan which were submitted with and accepted as part of the application for the building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector 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.

L. The Building Inspector may revoke or suspend a building permit theretofore issued and approved in the following instances 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 any applicable provisions of the Code of the Town of New Castle, including, without limitation, Chapter 60; 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 any applicable provisions of the Code of the Town of New Castle:

(1) Where he or she finds that there has been any incorrect, inaccurate or incomplete information in the application or false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

(2) Where he or she finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

(3) Where he or she finds that the work performed under the permit is not prosecuted in accordance with the provisions of the application, plans or specifications.

(4) Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.

(5) Where work for which a building permit was issued violates the Uniform Code or the Energy Code, or any applicable provisions of the Code of the Town of New Castle.

M. The fee specified in accordance with the provisions set forth in § 48-21 of this chapter shall be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 48-13 Construction inspections.

[Amended 12-6-2022 by L.L. No. 15-2022]

A. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section 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, 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) Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;

(10) Installation, connection, and assembly of factory manufactured buildings and manufactured homes; and

(11) A final inspection after all work authorized by the building permit has been completed.

C. Remote inspections. At the discretion of the Building Inspector, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Building 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 Building Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Building Inspector with sufficient information to determine compliance with the Uniform Code and Energy Code, an in-person inspection shall be performed.

D. 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, Energy Code or any other applicable provision of the Code of the Town of New Castle, including a citation to the specific code provision(s) that have not been met. Work not in compliance with any applicable provision of the Uniform Code, Energy Code or any other applicable provision of the Code of the Town of New Castle shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, the Energy Code and any applicable provisions of the Code of the Town of New Castle, reinspected, and found satisfactory as completed.

E. Upon completion of the foundation walls of a building, the owner or his or her authorized agent shall submit to the Building Inspector a certified plot plan, prepared by an engineer or land surveyor licensed to practice in the state, showing the location of such foundation walls, the proposed building area on the lot, the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, whether or not such structures contain a basement, and, if the structure is to be floodproofed, the elevation, in relation to mean sea level, to which the structure will be floodproofed. The Building Inspector shall maintain a record of all such information. No building shall thereafter be constructed above the foundation walls until said certified plot plan has been approved by the Building Inspector as complying with the pertinent provisions of this chapter.

F. The fee specified in accordance with the provisions set forth in § 48-21 of this chapter shall be paid prior to or at the time of each inspection performed pursuant to this section.

§ 48-14 Time limitations.

[Amended 12-19-2017 by L.L. No. 1-2018]

A. A building permit issued for a single-family residence shall be void if construction is not started within a period of six months and completed within a period of 12 months from the date of said permit. A building permit issued for other than a single-family residence shall be void if construction is not started within a period of 12 months and completed within a period of two years from the date of said permit. Upon completion of construction, an application for certificate of occupancy shall be made to the Building Inspector, in accordance with the provisions set forth in § 48-7.

[Amended 12-6-2022 by L.L. No. 15-2022]

B. The Building Inspector may, if good and sufficient cause for delay is shown, grant one or more extensions of a permit for a period not to exceed six months. The Building Inspector may attach such other terms and conditions to any extension or successive permit as he or she deems necessary and appropriate to further the purposes and intent of this chapter.

C. If all construction, including all interior and exterior construction, and final grading in accordance with the approved plans, is not completed within said period and an application for certificate of occupancy made or if the building permit is not extended, the Building Inspector shall notify the owner, by registered mail, to complete or remove the incomplete structure and to remove all building equipment, building materials and other materials from the property so as to bring the property into compliance with § 60-420D(3) and all other applicable requirements of this chapter and the Code of the Town of New Castle. If the owner fails, refuses or neglects within a reasonable time after receipt of said notice to complete or remove the incomplete structure or the building equipment, building materials or other materials on the property, or to complete the final grading, the Town may do so, and the cost thereof shall be assessed against the property and added to the next Town tax bill. If a building permit shall expire, no new building permit shall be issued until the requirements of this section with respect to the building permit which has expired have been fully complied with. In addition to any other remedies available to the Town of New Castle, failure to comply with a notice to complete or remove a structure or to remove equipment and building materials, including final grading, shall constitute a separate offense for each day there is noncompliance with such an order.

§ 48-15 Building permits limited.

The issuance of a building permit shall not be deemed to authorize the construction, erection, location or use of any temporary structure nor the storage of any building equipment, building materials or other materials or the location or use of a dumpster or bin for refuse and garbage other than those temporary structures and items of equipment and materials needed for construction work actually in progress or immediately upcoming and only in locations as shown on a site plan or subdivision approved by the Planning Board. Upon completion of each stage of construction, all temporary structures, equipment and materials no longer necessary for the completion of the permitted structure or site development shall be promptly removed.

§ 48-16 Stop-work orders.

A. The Building Inspector and Assistant Building Inspector are authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:

(1) Any work that is determined by the Building Inspector or Assistant Building Inspector to be contrary to any applicable provision of the Uniform Code, the Energy Code or the Code of the Town of New Castle, including, without limitation. Chapter 60, 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 or Assistant Building Inspector, 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; or

(4) Any work that is not in conformity with the provisions of the application, plans or specifications on the basis of which a building permit was issued.

B. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Building Inspector;

(3) State the reason or reasons for issuance; and

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

C. The Building Inspector or Assistant Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered mail. The Building Inspector or Assistant Building Inspector shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by registered mail; 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.

E. 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 § 48-50 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.

§ 48-17 Certificates of occupancy or use.

A. A certificate 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. Application for certificate of occupancy shall be made by the fee owner or the fee owner's authorized agent on appropriate forms which must be obtained from the Building Inspector. Such application shall be accompanied by a certificate of completion issued by the Westchester County Health Department when a septic system has been constructed; a certificate of inspection issued by the Town's electrical inspector or a qualified electrical inspection agency approved by the Town for all electrical work; an "as-built" survey of the property signed by a licensed land surveyor; as well as all other required certificates of completion from state, county or local agencies having jurisdiction. 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, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:

[Amended 12-6-2022 by L.L. No. 15-2022]

(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. Within 10 days of receipt of a completed application, the Building Inspector shall act thereon by either issuing the certificate or by denying the application. In the event of such denial, the specific reasons therefor shall be stated on the application. The Building Inspector's written decision shall be delivered forthwith, either personally or by certified mail, to the applicant. The Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. The Building Inspector 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, the Energy Code and any applicable provisions of the Code of the Town of New Castle and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, the Energy Code and any applicable provisions of the Code of the Town of New Castle.

D. 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 and the date of issuance of the certificate of occupancy.

E. The Building Inspector 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 issue a temporary certificate unless the Building Inspector determines: 1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; 2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and 3) that all required means of egress from the building or structure have been provided. The Building Inspector may include in a temporary certificate 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. A temporary certificate shall be effective for a period of time, not to exceed 90 days, as determined by the Building Inspector. Temporary certificates of occupancy may be reissued at the discretion of the Building Inspector for an additional ninety-day period upon the payment of a second application fee as specified in accordance with § 48-21 of this chapter, provided that such temporary occupancy or use would not jeopardize health, life or property. 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, the Energy Code and the applicable provisions of this Town Code. The temporary certificate shall specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate, and any special terms or conditions of such occupancy that the authority having jurisdiction may deem to be 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. The temporary certificate shall include the information set forth in Subsection D of this section.

[Amended 12-6-2022 by L.L. No. 15-2022]

F. If the Building Inspector 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 within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.

G. No certificate of occupancy shall be issued in the event that a change in occupancy or use would require an increase in the number of off-street parking or loading spaces beyond that required for the previous use, unless development plan approval in accordance with the standards and procedures in § 60-440 of Chapter 60 has been obtained.

H. No certificate of occupancy shall be issued for a special project within an MF Zone as set forth in Chapter 60 or for projects for which a special permit under § 60-4300(9) (MFDRD) has been issued by the Planning Board unless an affidavit has been filed by an engineer or architect duly licensed by the State of New York that he or she has made regular and periodic inspections of construction work as set forth in § 48-12E(7) of this chapter.

I. A certificate of occupancy or use shall be deemed to authorize, and is required for, initial, continued or changed occupancy and use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof and the use of land is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or site plan approved by the Town Board, Planning Board or Zoning Board of Appeals acting under the terms of the Code of the Town of New Castle, and any conditions attached to such approval, shall be deemed to be such requirements.

J. The fee specified in accordance with the provisions set forth in § 48-21 of this chapter shall be paid at the time of submission of an application for a certificate of occupancy or for temporary certificate.

§ 48-18 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 48-19 Operating permits.

[Amended 12-6-2022 by L.L. No. 15-2022]

A. Operating permits shall be required for conducting the activities or using the categories of buildings 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 Section 270;

(k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces;

(l) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and

(m) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle.

(3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in Section R327.5 of the RCNYS;

(4) Buildings containing one or more assembly areas;

(5) Outdoor events where the planned attendance exceeds 1,000 persons;

(6) Facilities that store, handle or use hazardous production materials;

(7) Parking garages;

(8) 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; and

(9) Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Board of Trustees.

B. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A 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 Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector 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, at the expense of the applicant.

D. The Building Inspector or Assistant Building Inspector 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 Building Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspections shows to the satisfaction of the Building Inspector that the premises conform with the applicable requirements of the Uniform Code and the Town Code. Should a remote inspection not afford the Town sufficient information to determine compliance with the Uniform Code and the Town Code, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory 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 either or both of the Uniform Code and the Town Code, including a citation to the specific provision(s) that have not been met.

E. 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 may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.

F. Duration of operating permits.

(1) Operating permits shall be issued for a specified period of time, consistent with local conditions, but in no event to exceed as follows:

(a) One hundred eighty days for tents, special event structures, and other membrane structures;

(b) Sixty days for alternative activities at a sugarhouse;

(c) Three years for the activities, structures, and operations determined per Subsection A(9) of this section; and

(d) One year for all activities, structures, and operations identified in Subsection A of this section.

(2) 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 Building Inspector, payment of the applicable fee, and approval of such application by the Building Inspector.

G. If the Building Inspector 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. The fee specified in accordance with the provisions set forth in § 48-21 of this chapter shall be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 48-20 Fire safety and property maintenance inspections.

[Amended 12-6-2022 by L.L. No. 15-2022]

A. The Town Board of the Town of New Castle may appoint a person to act as Fire Marshal for a two-year term to commence upon the biennial seating of a new Town Board. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Fire Marshal, if there be one appointed, or if not, the Building Inspector or other code enforcement officer designated by the Building Inspector at the following intervals:

(1) Fire safety 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) Fire safety and property maintenance inspections of buildings or structures being occupied as public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining or recreational facilities, shall be performed at least once every 12 months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.

B. At the discretion of the Building Inspector, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Building 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 Building Inspector that the premises conform with the applicable provisions of 19 NYCRR Parts 1225 and 1226, and the publications incorporated therein by reference. Should a remote inspection not afford the Building Inspector sufficient information to determine compliance, an in-person inspection shall be performed.

C. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector, or other code enforcement officer as may be designated by the Building Inspector to perform such 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 Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or

(3) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

D. 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.

E. Notwithstanding any other provision of this section to the contrary, the Building Inspector may accept an inspection performed by OFPC or other authorized entity pursuant to Sections 807-a and 807-b of the Education Law and/or Section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Building Inspector, provided that:

(1) The Building Inspector is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);

(2) The Building Inspector is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;

(3) Such inspections are performed no less frequently than once a year;

(4) A true and complete copy of the report of each such inspection is provided to the Building Inspector; and

(5) Upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by this article.

F. The fee specified in accordance with the provisions set forth in § 48-21 of this chapter shall be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 48-21 Fees.

A. Fees. There shall be a fee charged in connection with the administration and enforcement of this chapter for each of the following applications in such amounts as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, and as further set forth below:

[Amended 11-27-2012 by L.L. No. 6-2012]

(1) There shall be a fee for each building permit, amended building permit, renewed building permit, certificate of occupancy, temporary certificate of occupancy, operating permit, fire safety and property maintenance inspection, construction inspection, and such other action of the Building Department described in or contemplated by this chapter.

(2) Upon completion of the work, the applicant shall file with the Building Inspector an affidavit of actual cost, as computed in accordance with the rules of the Building Department, and shall pay any excess fee thereby shown to be due.

(3) In the event that an application for a building permit is not approved or if approved and thereafter abandoned, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. Any refund requests must be received within two years of the application date or the 50% refund shall be forfeited.

[Amended 4-16-2024 by L.L. No. 4-2024]

(4) Upon application for a building permit for any construction already begun or completed, an administrative fee shall be charged which shall be three times the current rate, as set forth in the Master Fee Schedule, for such permit made in advance. In determining the building permit fee, the Building Department shall estimate the cost of construction using current costs. In the event of any dispute, the applicant may submit bills for construction as originally performed, or any other evidence acceptable to establish the applicant's basis for federal income tax purposes, and these shall then be increased in proportion to the increase in the consumer price index from the date of construction to the current date. The results of such a calculation will replace any other estimates made by the Building Department.

(5) No fee otherwise required by this section shall be collected from the Town of New Castle, any water, fire, sewer or improvement district of said Town (including any joint district or any district in two or more towns), or any school district, whether such district is located either wholly or in part within the boundaries of the Town of New Castle.

B. Search of records. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for any search of Town building records.

C. Copy of building permit or certificate of occupancy. A copy of a certificate of occupancy or use shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a copy of any building permit or any certificate of occupancy on file.

D. Letter for structures that predate Town records. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a letter from the Town stating that a building predates existing Town records. This fee shall include the necessary search.

E. Demolition permits. Demolition permits shall be issued upon application to the Building Inspector on forms adopted by the Building Inspector and upon payment of a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended. Such permits, in the discretion of the Building Inspector, may be issued subject to specific conditions being fulfilled.

F. Statement of no violations. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a letter from the Town stating that there are no violations. This fee shall include the necessary search.

G. Refund of fee.

(1) If construction is authorized by a duly issued building permit and is not commenced within one year of issuance, the Building Department shall give written notice by registered or certified mail, return receipt requested, to the applicant at his or her last known address that said building permit has expired and that the applicant is entitled to a refund of 50% of the fee paid for such permit if the same is claimed within six months of the notice given hereunder.

(2) If the applicant does not claim the refund as provided in the preceding subsection, at the expiration of six months after due notice has been given, the entire fee paid for such building permit shall be deemed forfeited and thereafter transferred to the general fund of the Town of New Castle.

§ 48-22 Dangerous or unsafe buildings.

A. All buildings or structures which may now be or shall hereafter become dangerous or unsafe to the public or are otherwise dangerous to human life are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure set forth in this section.

B. The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written report of such examination, a copy of which shall be filed with the Town Board.

C. Whenever the Building Inspector shall find any building or structure or portion thereof to be unsafe or dangerous, he or she shall, in the manner and form provided in § 130, Subdivision 16, of the Town Law, give the owner, his or her legal representative, agent or lessee or the person in control of such building or structure written notice personally or by registered mail containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed within a stated time. Such correction of the unsafe condition shall be started within five days from receipt of such notice and shall be completed with all reasonable dispatch.

D. If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector shall cause to be posted at each entrance to such building a notice: "This building is unsafe and its use or occupancy has been prohibited by the Building Department." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its agents or other servants to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same.

E. In case the owner, his or her legal representative, agent or lessee or the person in control shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or demolish and remove said building or structure or portion thereof, the Building Inspector shall report the same to the Town Board, which shall name an architect. Such architect, together with the Building Inspector and, if the person notified as hereinafter provided shall so desire, a practical builder, engineer or architect appointed by such person, shall make a survey of the premises and a report thereon. Notice of the intention to make such survey shall be given personally or by registered mail to the owner, his or her legal representative, agent or lessee or the person in control of the building or structure; and such notice shall state that in the event the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the Ninth Judicial District for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. The Building Inspector shall post a signed copy of the report of the survey on the building.

F. In case of emergency which, in the opinion of the Building Inspector, involves imminent danger to human life or health, he or she shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he or she may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He or she may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose he or she may close a public or private way.

G. Costs, including the reasonable compensation of the architect incurred under Subsections E and F of this section, shall be paid by the Town of New Castle on certificate of the Building Inspector. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure a building or structure, including the cost of actually removing or securing said building or structure, shall be assessed against the land on which said building or structure is located and, if not paid at or prior to the levy of the next succeeding Town tax, shall be extended by the Supervisor against such property in addition to the Town tax to be levied thereon.

§ 48-23 Complaints.

The Building Inspector or Assistant Building Inspector 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 or this chapter, any applicable provision of the Code of the Town of New Castle, including, without limitation, Chapter 60, 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 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 this chapter.

C. If appropriate, issuing a stop-work order.

D. If a violation which was found to exist is alleged to be 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.

§ 48-24 Recordkeeping.

A. The Building Inspector shall keep permanent official records of all transactions and activities conducted by the Building Inspector and 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;

(8) All violations of this chapter and the Code of the Town of New Castle, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such alleged violations;

(9) All other features and activities specified in or contemplated by this chapter; and

(10) All fees charged and collected.

§ 48-25 Program review and reporting.

A. The Building Inspector 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.

B. The Building Inspector 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 the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.

C. The Building Inspector shall make a report to the Town Board, in writing, at least once each month, reporting the number and type of building permits and certificates of occupancy issued and listing all reported and continuing violations of this chapter and the disposition or pending action of such violations.

§ 48-26 Condition assessments of parking garages.

[Added 12-6-2022 by L.L. No. 15-2022]

A. Definitions. For the purpose of this section, the following definitions shall apply:

CONDITION ASSESSMENT

An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.

DETERIORATION

The weakening disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.

PARKING GARAGE

Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:

(1) Buildings in which the only level used for parking or storage of motor vehicles is on grade;

(2) An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and

(3) A townhouse unit with attached parking exclusively for such unit.

PROFESSIONAL ENGINEER

An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

RESPONSIBLE PROFESSIONAL ENGINEER

A professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

UNSAFE CONDITION

Includes the conditions identified as "unsafe" in Section 304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.

UNSAFE STRUCTURE

A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.

B. Condition assessments - general requirements.

(1) The owner/operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section.

(2) Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

C. Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.

(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:

(a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019;

(b) If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2020; and

(c) If originally constructed between January 1, 2003, and August 28, 2018, then prior to October 1, 2021.

(3) Any parking garage constructed prior to the effective date of this section that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment within six months of the adoption this section.

D. Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.

E. Additional condition assessments.

(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

(2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.

F. Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within 30 days of the condition assessment. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

(1) An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

(2) An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

(3) An evaluation and description of the unsafe conditions;

(4) An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

(5) An evaluation and description of the corrective options available, including the recommended time frame for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

(6) An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

(7) The responsible professional engineer's recommendation regarding preventative maintenance;

(8) Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

(9) The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.

G. Review condition assessment reports.

(1) The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by notice of violation or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report.

(2) All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

H. The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

I. This section shall not limit or impair the right or the obligation of the Town:

(1) To perform such construction inspections as are required by the Uniform Code or this chapter;

(2) To perform such periodic fire safety and property maintenance inspections as are required by this chapter; and/or

(3) To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

§ 48-27 Climatic and geographic design criteria.

[Added 12-6-2022 by L.L. No. 15-2022]

A. The Building Inspector shall determine the climatic and geographic design criteria for buildings and structures constructed within the Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include, but shall not necessarily be limited to, the following:

(1) Design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;

(2) Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and

(3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:

(a) The accompanying Flood Insurance Rate Map (FIRM);

(b) Flood Boundary and Floodway Map (FBFM); and

(c) Related supporting data along with any revisions thereto.

B. The Building Inspector shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the Building Department, and shall make such record readily available to the public.

§ 48-28 Knox-Box® required.

[Added 9-5-2023 by L.L. No. 4-2023]

A. The following buildings shall be equipped with a Knox-Box^®, or such other lockbox device as approved by the Building Inspector, at or near the main entrance thereto or such other location as determined by the Building Inspector or his/her designee:

(1) Buildings used for a commercial or industrial use.

(2) Places of assembly, as defined in the Uniform Code and/or Fire Code of the State of New York.

(3) Nursing homes.

(4) Gatehouses controlling vehicular access to residential subdivisions from any public road.

(5) Any residential property having a security gate that controls vehicular access thereto from any public road.

(6) Schools and day-care facilities.

(7) Houses of worship.

(8) Multifamily residential structures consisting of three or more dwelling units that have restricted access through locked doors and have a common corridor for access to the living units therein.

B. Except as otherwise stated in § 48-28A(5), all single- and two-family homes, and accessory buildings thereto, shall be exempt from the requirements of this section.

C. All newly constructed buildings subject to this section shall have a Knox-Box^® installed and operational prior to the issuance of a certificate of occupancy by the Building Department. All preexisting buildings subject to the requirements of this section shall install an operational Knox-Box^® within 120 days of the effective date hereof. Failure to comply with this section shall be punishable pursuant to § 48-50 of this chapter.

D. The cost of purchasing, installing, and maintaining a key Knox-Box^® along with any costs associated with implementation of a Knox-Box^® program at the property, shall be borne by the property owner. The Knox-Box^® shall be installed in accordance with the manufacturer's specifications.

E. The property owner and occupant of a building required to have a Knox-Box^® shall, at all times, keep the following in the Knox-Box^®:

(1) Labeled keys to locked access points of ingress and egress, whether interior or exterior of such building(s).

(2) Labeled keys to the locked mechanical rooms.

(3) Labeled keys to any fenced areas.

(4) Labeled keys to any other areas as may be required by the Building Inspector or his/her designee.

(5) Contact information card containing at least two emergency contact people and the phone number(s) for each contact person.

(6) Hazardous materials MSDS, as requested.

(7) Labeled keys to any locked elevator rooms and elevator controls.

(8) Any other information that may be reasonably required by the Building Inspector or his/her designee.

F. When a property or construction site subject to this section is secured by a locked gate or fence, such gate or fence shall have an approved means of emergency operation. Any padlock securing such gates or fences shall accommodate a master key held by the Fire Department and Building Inspector, secured with a Knox-Box^®, or shall otherwise provide emergency access to the property or construction site by an alternate means approved by the Building Inspector or his/her designee.

G. This section shall not apply to those buildings that have continuous on-site security personnel (24 hours per day, seven days per week, including holidays), provided that such on-site security personnel have access to all locked and secured areas of such building.

H. In the event that the purpose and intent of this section cannot be reasonably fulfilled at a specific property, the Building Inspector may waive some or all of the requirements as provided herein for such property.

I. The Building Inspector is hereby authorized to implement administrative rules and procedures to fulfill the purpose and intent of this section.

§ 48-29 Electric vehicle (EV) chargers; batteries; solar.

[Added 4-16-2024 by L.L. No. 4-2024]

An EV is defined as a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source. An EV includes both a vehicle that can only be powered by an electric motor that draws electricity from a battery (all-electric vehicle) and a vehicle that can be powered by an electric motor that draws electricity from a battery and by an internal combustion engine (plug-in hybrid electric vehicle).

A. For commercial/nonresidential EV applications for an EV charger array, an EV charger must be installed at least 50 feet away from any combustible material.

B. EV chargers must have a remote shutoff switch installed at least 50 feet away from the installation so that the Fire Department can access the shutoff switch in case of an emergency.

C. At the request of the local fire chief, any applicant for a commercial charging/array, solar or battery energy storage project shall provide the Fire Department with the necessary emergency equipment. Such equipment shall include, but not be limited to, an emergency plug, EV blankets or other equipment as deemed necessary by the local fire chief.

D. Any structure which contains EV chargers, solar roof panels or battery energy storage systems must have an aluminum placarding sign displayed on side of structure, approved by the Building Inspector, similar to truss placarding, in order to identify the existence of such conditions to the Fire Department and emergency responders.