This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town. This chapter is adopted pursuant to
§ 10 of the Municipal Home Rule Law. The Uniform Code, the
Energy Code and the International Residential Code, and all appendixes,
supplements and the like, set forth in Title 19 NYCRR Parts 1219 through
1227, are hereby adopted by the Town of Pompey. Except as otherwise
provided in the Uniform Code, the Energy Code, other state law, or
other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
In this chapter, 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 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 chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, 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 and modified by the
Town of Pompey.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
93-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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 NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The chief of any fire department providing firefighting services
for a property within this Town 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 Town shall be identified and addressed in accordance with the procedures in Chapter
69 of the Code of the Town of Pompey, as now in effect or as hereafter amended from time to time.
A fee schedule shall be established by resolution of Town Board.
Such fee schedule may thereafter be amended from time to time by like
resolution. The fees set forth in, or determined in accordance with,
such fee schedule or amended fee schedule shall be charged and collected
for the submission of applications, the issuance of building permits,
amended building permits, renewed building permits, certificates of
occupancy, certificates of compliance, temporary certificates, operating
permits, fire safety and property maintenance inspections, and other
actions of the Code Enforcement Officer described in or contemplated
by this chapter.
The Town Board may, by resolution, authorize the Supervisor
to enter into an agreement, in the name of the Town, with other governments
to carry out the terms of this chapter, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
If any section of this chapter 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
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.