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 and the enforcement of Chapter
350, Zoning, of the Village of Dryden. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
In this article, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING
Any building, structure, or portion thereof utilized or intended
for supporting or sheltering any occupancy.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this article.
CERTIFICATE OF COMPLIANCE
A document issued by the Village of Dryden stating that work
was done in compliance with approved construction documents and the
codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Village of Dryden certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Code Enforcement Officer, and indicating that the building or
structure, or portion thereof, is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
INSPECTOR
An inspector appointed pursuant to Subsection
D of §
350-75 of this chapter.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
350-83 of this article. The term "operating permit" Also includes an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the New York Codes,
Rules and Regulations, adopted pursuant to Article 18 of the Executive
Law.
ZONING OFFICER
A person designated by the Board of Trustees to make the determinations required for the enforcement of this chapter, Chapter
159 and Chapter
287 of this Code. The Zoning Officer and the Code Enforcement Officer shall be one and the same person.
[Added 3-15-2023 by L.L.
No. 3-2023]
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 chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, 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 of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3) To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this article;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Subsection
A of §
350-90, Penalties for offenses, of this article;
(8) To collect fees as set by the Board of Trustees of the Village of
Dryden;
(9) To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B. The Code Enforcement Officer shall be appointed by the 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, another individual shall be appointed by the
Mayor, with the approval of the Board of Trustees to designate a person
to serve as Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of their 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 Mayor, with the approval
of the 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 of Dryden Board of
Trustees.
The chief of any fire department providing firefighting services
for a property within the Village of Dryden shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney, or gas vent.
A Fee Schedule shall be established by resolution of the Village
Board of the Village of Dryden. Such Fee Schedule may thereafter be
amended from time to time by like resolution. The fees set forth in
or determined in accordance with such Fee Schedule or amended Fee
Schedule shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, certificates of occupancy, certificates of compliance,
temporary certificates, operating permits, fire safety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this article.
The Village Board of the Village of Dryden 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 New York Codes, Rules and Regulations, or any other applicable
law.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
article.