[HISTORY: Adopted by the Board of Trustees
of the Village of Potsdam 12-5-2022 by L.L. No. 5-2022.[1] Amendments noted where applicable.]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Village. This article is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other section of
this article, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A permit issued pursuant to § 94-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, approved by the Village, and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 94-3B of this article.
Includes the Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
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.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 94-3D of this article.
Vehicles that contain cooking equipment that produces smoke-or
grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 94-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
An order issued by the Code Enforcement Officer pursuant to § 94-17A of this article.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 94-6 of this article.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 94-7D of this article.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The Village of Potsdam.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. 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 in building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and condition 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, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article and other local
laws and resolutions previously enacted or passed and to be passed
in the future.
B.
The Code Enforcement Officer shall be appointed by the Village Board
of Trustees. The Code Enforcement Officer shall possess background
experience related to building construction or fire prevention and
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Village
Board of Trustees to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this article.
D.
One or more inspectors may be appointed by the Village Board of Trustees
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this article. 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 Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees
of this Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliance;
(7)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(8)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or by
an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole proprietor), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be performed in accordance with construction documents. All
work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
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 Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop work orders. Stop-work orders shall be in writing,
be dated and signed by the Code Enforcement Officer, state the reason
or reasons for issuance, and if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
C.
Service of stop work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by registered mail/certified mail.
The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered mail/certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
D.
Effect of stop work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 94-17 (Violations) of this article or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code 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 and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provision of the Uniform Code by such
person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and tax map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Code Enforcement Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 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 that all required
means of egress from the structure have been provided. The Code Enforcement
Officer may include in a temporary certificate of occupancy such terms
and conditions as he or she deems necessary or appropriate to ensure
the health and safety of the persons occupying and using the building
or structure and/or performing further construction work in the building
or structure. A temporary certificate of occupancy shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate
of occupancy. During the specified period of effectiveness of the
temporary certificate of occupancy, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certification
of Compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code. Enforcement Officer shall revoke or
suspend such certificate.
The chief of any fire department providing firefighting services
for a property within the Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures and equipment and conditions of imminent danger in this Village shall be identified and addressed in accordance with the procedures established by Chapter 72 of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performe
by the occupant of a detached one-family dwelling;
(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 byproducts or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established by Section 319.2.
(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;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board of Trustees of this Village; and
(9)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Village Board of Trustees of this Village. 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.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 94-11 (Firesafety and property maintenance inspections) of this article, and condition assessments are performed in compliance with § 94-13 (Condition assessments of parking garages) of this article, as applicable.
D.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in-person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, 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 code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their 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:
(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 Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform firesafety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform 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. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
Inspections permitted.
(1)
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 Code Enforcement Officer or an inspector authorized to perform firesafety and property maintenance inspections at any time upon:
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
Receipt by the Code Enforcement Officer of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; or
(c)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist;
(2)
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.
OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a firesafety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a firesafety 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 inspection is provided
to the Code Enforcement Officer; and
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 article,
or any other local law, ordinance, or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 94-17 (Violations) of this article;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
UNSAFE STRUCTURE
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
Definitions. For the purposes of this section:
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.
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;
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;
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:
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;
The 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.
Includes the conditions identified as "unsafe" in section
304.1.1, section 305.1.1 and section 306.1.1 of the PMCNYS; and
B.
Condition assessments - general requirements. 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. 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 Village, 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 the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to January 1, 2023.
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 C 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 Village becomes aware of any new or increased deterioration which, in the judgment of the Village, 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 C 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 Village 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 Village within 30 days. 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. The Village 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 Village shall, by order to remedy or such other means of enforcement as the Village 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 pursuant to Subsection F(2) and (3). 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 Village 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 Village 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 Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village 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 Village:
(1)
To perform such construction inspections as are required by § 94-5 (Construction inspections) of this article;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 94-11 (Firesafety and property maintenance inspections) of this article; 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 Village 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.
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village 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:
B.
The Code Enforcement Officer 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 office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy/certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected;
(10)
All other features activities specified in or contemplated by
§§ through 94-14, inclusive, of this article.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 94-14, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Village in connection
with administration and enforcement of the Uniform Code and/or Energy
Code as may be requested by the Department of State.
A.
Orders to remedy. The Code Enforcement Officer is authorized to order
in writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this article. An order to
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this article; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this article which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following: "The person or entity served with this order to remedy
must completely remedy each violation described in this order to remedy
by _____[specify date], which is 30 days after the date of this order
to remedy." The order to remedy may include provisions ordering the
person or entity served with such order to remedy 1) to begin to remedy
the violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the Compliance Order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this article, or any term or condition of any building
permit, certificate or occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this article, shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this article,
or any term or condition of any building permit, certificate of occupancy/certificate
of compliance, temporary certificate, stop-work order, operating permit,
compliance order or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this article. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this article, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this article, an action or proceeding may be commenced in the name
of this Village, in the Supreme Court or in any other court having
the requisite jurisdiction, to obtain an order directing the removal
of the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Board of Trustees of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 94-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 94-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subsection (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subsection (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. 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, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Village Board of Trustees of this Village may, by resolution,
authorize the Mayor of this Village to enter into an agreement, in
the name of this Village, with other governments to carry out the
terms of this article, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
If any section of this article shall be held unconstitutional,
invalid, or in effective, in whole or in part, such determination
shall not be deemed to affect, impair, or invalidate the remainder
of this article.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
A.
Authorization to make inspections. The Chief inspector and each of
the duly appointed inspectors of any agency duly appointed by the
Board of Trustees of this municipality are hereby authorized and deputized
as agents of the municipality to make inspections and reinspections
of all electrical installations hereinafter described and to approve
or disapprove the same. In no event, however, will the cost or expense
of such inspections and reinspections be a charge against the municipality.
B.
Qualifications of inspectors.
(1)
Each individual inspector shall have a minimum of five years'
experience in the electrical field as an electrician or electrical
contractor.
(2)
Before any person conducts an electrical inspection in the Village
of Potsdam, each individual inspector shall file an executed statement
with the Village Clerk and the Enforcement Official on the form prescribed
by the Village Clerk, which shall set forth the following:
(a)
The name, social security number and date of birth of each individual
inspector.
(b)
The residence and business addresses and residence and business
telephone numbers for each individual inspector.
(c)
The employer of each individual inspector and business address
and telephone number for said employer.
(d)
Affirmation by each individual inspector that he presently does
not and will not engage in or have any interest, direct or indirect,
with any wholesaler or retailer of electrical equipment that transacts
any business in the State of New York and that the individual inspector
will not engage in the work of an electrician anywhere within the
State of New York, except on his own, personal residence.
(e)
Certified proof to the Village Clerk of liability insurance
and its maximum coverage that covers each individual, agency, electrical
inspector and the municipality.
(f)
Electrical experience.
C.
Duties of inspectors.
(1)
The inspector shall make inspections and/or reinspections of electrical
installations in and on properties in the municipality upon written
request of the Code Enforcement Official or other person with obligation
to do so, or as herein provided.
(2)
The electrical inspector is authorized to make inspections and reinspections
of electrical installations, devices, appliances and equipment in
and on properties within the municipality where he deems it necessary
for the protection of life and property with the exception of single-
and two-family dwellings. He shall inspect single- and two-family
dwellings only upon request of the Code Enforcement Official or the
Chief of the Fire Department.
(3)
In the event of an emergency, it is the duty of the inspector to
make electrical inspections upon oral request of an official or officer
of the municipality.
(4)
It shall be the duty of the inspector to furnish written reports
to the proper officials of the municipality and owners and/or lessees
of property where defective electrical installations and equipment
are found upon inspection.
(5)
He shall issue a certificate of compliance only when electrical installations
and equipment are in conformity with the New York State Uniform Fire
Prevention and Building Code and the generally accepted standards,
and he shall direct that a copy of the certificate of compliance be
sent to the Code Enforcement Official.
(6)
The electrical inspector shall perform his duties during normal business
hours (8:00 a.m. to 4:00 p.m.) Monday through Friday, and in emergencies
whenever requested by an official of the municipality, unless otherwise
authorized or agreed by the Code Enforcement Official.
D.
Schedule of rates. The schedule of rates charged for inspection shall
be filed with the Clerk and Code Enforcement Official.
E.
Exemption permits.
(1)
JOURNEYMAN ELECTRICIAN
As used in this subsection, the following terms shall have the meanings
indicated:
A person who has completed an apprentice course or received
equivalent training or has equivalent experience of at least five
years in electrical work.
(2)
The Enforcement Official is empowered and directed to issue a permit
granting exemption from the provisions of this section to each person,
firm or corporation engaged in the conduct of manufacturing in or
on properties in this municipality upon written application of such
person, firm or corporation, hereinafter called the "applicant," setting
forth that:
(a)
The applicant is engaged in the conduct of manufacturing in
this municipality.
(b)
The applicant regularly employs one or more journeyman electricians,
whose principal duties are the installation, maintenance and repair
of electrical machinery, appliances, equipment and wiring for electric
light, heat or power, hereinafter called "electrical work," in or
upon the premises used by the applicant in the conduct of manufacturing.
(c)
By reason of the amount and frequency of electrical work so
performed upon the applicant's premises, compliance with the
provisions of this section would impose an undue burden on the applicant's
conduct of manufacturing operations.
(3)
Each permit so issued shall be for a period of one year, and such
permit shall be renewed for successive one-year periods upon supplemental
application by the applicant, certifying that the statements contained
in the original application remain true and correct.
F.
Exceptions.
(1)
The provisions of this section shall not apply to electrical installations
in mines, ships, railway cars, automotive equipment or the installations
or equipment employed by a railway, electrical or communication utility
in the exercise of its function as a utility and located outdoors
or in buildings used exclusively for that purpose.
(2)
This section shall not apply to any work involved in the manufacture,
assembly, test or repair of electrical machinery, apparatus, materials
and equipment by a person, firm or corporation engaged in electrical
manufacturing as his or its principal business.
(3)
This section shall not apply to any building which is owned or leased
in its entirety by the government of the United States or the State
of New York.
G.
Temporary permits. The Code Enforcement Official of this municipality
may issue a temporary permit, in case of emergency, such as:
H.
Construal of provisions. This section shall not be construed to relieve
from or lessen the responsibility of any person owning, operating,
controlling or installing any electrical wiring, devices, appliances
or equipment for loss of life or damage to person or property caused
by any defect therein, nor shall this municipality be deemed to have
assumed any such liability by reason of any inspection made pursuant
to this section.
I.
Prohibited acts.
(1)
It shall be a violation of this section for any person, firm or corporation to install or cause to be installed or to alter or repair electrical wiring for light, heat or power in or on properties in this municipality until an application for inspection has been filed with an agency duly appointed by the Board of Trustees of this municipality, except as set forth in § 94-22G.
(2)
It shall be a violation of this section for any person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical supply prior to the issuance of temporary certificate or a certificate of compliance by an agency duly appointed by the Board of Trustees of this municipality, except as set forth under § 94-22G.
A.
In accordance with § 382 of Article 18 of the Executive
Law of the State of New York:
(1)
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, equip, use or occupy any building or structure
or portion thereof in violation of any provision of law or ordinance,
as well as any regulation or rule promulgated by the Enforcement Official
in accordance with applicable laws or to fail in any manner to comply
with a notice, directive or order of the Enforcement Official or to
construct, alter, use or occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
(2)
Any person who shall fail to comply with a written order of the Enforcement
Official within the time fixed for compliance therewith and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or
assisting in the construction or use of any building who shall knowingly
violate any of the applicable provisions of law or any lawful order,
notice, directive, permit or certificate of the Enforcement Official
made thereunder shall be punishable by a fine of not more than $500
or not more than 15 days' imprisonment. Each day any violation
of any provision of this article shall constitute a separate violation.
(3)
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person found guilty of such an
offense.
B.
Abatement of violations. Appropriate action and proceedings may be
taken at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
