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. 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.
[HISTORY: Adopted by the Town Board of the Town of Hamburg 7-12-1965 by L.L. No. 5-1965; amended in its entirety 2-27-2023 by L.L. No. 4-2023. Subsequent amendments noted where applicable.]
In this chapter, the following terms shall have the meanings shown in this section:
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 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.
A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes.
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.
The Code Enforcement Officer appointed pursuant to § 76-3B of this chapter.
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.
The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
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 § 76-3D of this chapter.
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 § 76-10 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.
An order issued by the Code Enforcement Officer pursuant to § 76-17A of this chapter.
The person to whom a building permit has been issued.
Include 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 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
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 § 76-6 of this chapter.
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 conditional certificate issued pursuant to § 76-7D of this chapter.
The Town of Hamburg.
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 chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town of Hamburg;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town attorney, to pursue such legal actions and legal proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Town Board of the Town of Hamburg. 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 Town Board of the Town of Hamburg 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 chapter.
D.
One or more inspectors may be appointed by the Town Board of the Town of Hamburg 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 chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the 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 Town Board of the Town of Hamburg.
[Amended 7-8-2024 by L.L. No. 7-2024]
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. A permit shall also be required for any new commercial tenant occupying an existing building or space. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Town.
B.
Exemptions. No building permit shall be required for work in any of the following categories:
(1)
Construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(2)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3)
Installation of partitions or movable cases less than five feet nine inches in height;
(4)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(5)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(6)
Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;
(7)
Repairs, provided that the work does not have an impact on fire and life safety, such as i) any part of the structural system; ii) the required means of egress; or iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time; or
(8)
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, bus shelters, or similar uses, provided the gross floor area does not exceed 50 square feet.
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 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 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; 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 practitioner), 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, or, in the case of electronic media, an electronic marking. 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.
Proof of insurance.
(1)
To assure compliance with § 57 of the Workers' Compensation Law and § 220, Subtitle 8, of the Disability Benefits Law of the State of New York, all applicants (prior to permit issuance) must submit proof that they have obtained workers' compensation and disability benefits coverage, or that they are not required to provide coverage under these laws.
(2)
Only forms acceptable to the New York Workers' Compensation Board will satisfy the requirement of certifying that workers' compensation insurance has been properly secured.
G.
Licensing of plumbing and site utility contractors. In all cases where there is to be installation of new interior plumbing or alteration of existing plumbing, a plumbing permit must first be obtained by a licensed plumber. In all cases where there is to be installation of new exterior sewer or an alteration or repair to an existing sewer, a plumbing/sewer permit must first be obtained by a licensed plumber or licensed site utility contractor.
H.
Application for a permit shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. When such an application is made by a person other than the property owner, it is the applicant's responsibility to obtain the owners' authorization and permission to conduct the proposed work. The Code Enforcement Official shall require a written authorization letter signed by the property owner, indicating such approval and authorization. Amendments to the application or to the plans and specifications may be filed at any time prior to completion of the work. Such amendments shall likewise be subject to the approval of the Code Enforcement Department and, after approval, shall be filed with and be deemed a part of the original permit application.
I.
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.
J.
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.
K.
Work to be 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.
L.
Time limits. Building permits shall become invalid unless the authorized work is commenced within 90 following the date of issuance. Building permits shall expire 12 months after the date of issuance. For good cause shown, an application may be made for a six-month period for an extension of said period upon payment of a renewal fee of 1/2 the original building fee. Permits can only be renewed twice (one year beyond the original permit expiration date), and upon such expiration the work shall continue only if a new permit is granted at the discretion of the Code Enforcement Department.
M.
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:
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)
Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(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 factor 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.
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 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 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 § 76-17 (Violations; penalties for offenses) 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.
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, 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 provisions 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 1) that the building or structure, or the portion thereof covered by the temporary certificate of occupancy, 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 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/conditional certificate of occupancy shall be effective for a period of time, which shall be determined by the Code Enforcement Officer and specified in the temporary/conditional certificate of occupancy and expire one year from date of permit issuance. During the specified period of effectiveness of the temporary/conditional 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, certificate of compliance, or a temporary/conditional 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 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 established by Local Law Number 5, 1972, Chapter 80 of the Hamburg Town Code, entitled "Buildings, Unsafe," as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below:
(a)
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;
(b)
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:
[1]
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
[2]
Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;
[3]
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
[4]
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;
[6]
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
[7]
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;
[8]
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;
[9]
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
[10]
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;
[11]
Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces; and
[12]
Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies.
(c)
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;
(d)
Buildings containing one or more assembly areas;
(e)
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or use hazardous production materials;
(h)
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and
(i)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of this Town.
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.
This subdivision is intentionally omitted.
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 Town 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. Fire safety 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)
At least once every 12 months/one year for buildings which contain an assembly area;
(2)
At least once every 12 months/one year for 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; and
(3)
At least once every 36 months/three years for multiple dwellings and all nonresidential occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer or inspector authorized to perform fire safety 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 fire safety 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.
(1)
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 or other authorized entity under Executive Law § 156-e and Education Law § 807-b.
(2)
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 fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an inspector, provided that:
(a)
The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(b)
The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;
(c)
Such inspections are performed no less frequently than once a year;
(d)
A true and complete copy of the report of each such 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 chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a 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 § 76-17 (Violations; penalties for offenses) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
A. CONDITION ASSESSMENT DETERIORATION PARKING GARAGE PROFESSIONAL ENGINEER RESPONSIBLE PROFESSIONAL ENGINEER UNSAFE CONDITION UNSAFE STRUCTURE
Definitions. For the purposes of this section:
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 Sections 304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
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. 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 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 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 six months after the effective date of this chapter.
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 60 days as fixed by the Town. 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 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 order to remedy 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 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 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 § 76-5 (Construction inspections) of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 76-11 (Fire safety and property maintenance inspections) of 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.
A.
The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this 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:
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; and
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 Town Board of this Town 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 § 76-15 (Recordkeeping) of this chapter 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 Town, on a form prescribed by the Secretary of State, a report of the activities of this Town 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 true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities 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.
(1)
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 chapter. 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 chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter 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 a time to be determined by the Code Enforcement Officer, which is 30 days after the date of this order to remedy."
(2)
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 chapter 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.
Penalties. In addition to such other penalties as may be prescribed by state law,
(1)
Any person who violates any provision of this chapter or any term, condition, or provision of any building permit, certificate of 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 chapter shall be punishable by a fine of not less than $50 nor more than $500 per day of violation.
(2)
Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of 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 chapter shall be liable to pay a civil penalty of not more than $100 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 Town.
D.
Injunctive relief. An action or proceeding may be instituted in the name of this Town, 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 chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. 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 chapter, or any stop-work order, order to remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, 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 Town Board of this Town.
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 § 76-6 (Stop-work orders) of this chapter, in any other section of this chapter, 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 § 76-6 (Stop-work orders) of this chapter, in any other section of this chapter, 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 Subdivision (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 Subdivision (2) of § 382 of the Executive Law.
[Amended 7-8-2024 by L.L. No. 7-2024]
A fee schedule shall be established by resolution of the Town Board of this Town. 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.
A.
The fee for a permit issued because of a person not obtaining such permit prior to the start of construction shall be triple the cost of the original permit.
B.
Reinspection fee. A reinspection fee will be imposed against a permit holder, builder, or developer to cover the cost of a repeat inspection under the following circumstances:
(1)
When it can be verified by the Code Enforcement Official that the builder/developer has scheduled an inspection with the Code Enforcement Department with the full knowledge that the work (scheduled for inspection) was substantially incomplete or deficient, creating the need for subsequent inspection.
(2)
If the permit holder or builder has not provided safe and/or adequate access to the premises necessary for the Code Enforcement Official to conduct a proper inspection. The Code Enforcement Department will affix the cost of any reinspection fees on the building permit. A certificate of occupancy will not be issued until such time that the cost of these fees are reimbursed to the Town by the builder/owner and the work has been satisfactorily completed.
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter into an agreement, in the name of this 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.
[Added 7-8-2024 by L.L. No. 7-2024]
The Town Board shall empower the designated personnel within the Department of Code Enforcement, including all appointed Code Enforcement Officials and Fire Inspectors, to administer, enforce and otherwise perform all duties in respect to the local laws as follows:
A.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law with regard to the administration and enforcement of all applicable legislation adopted by the Town of Hamburg (hereafter referred to as "local law'), the following local laws listed and referenced elsewhere in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference:
(1)
L.L. No. 11-1994: Alarm Systems.
(2)
L.L. No. 9-1974: Brush, Grass and Weeds.
(3)
L.L. No. 5-1972: Unsafe Buildings.
(4)
L.L. No. 3-1993: Coastal Erosion Hazard Area.
(5)
L.L. No. 4-1968: Dead Trees.
(6)
L.L. No. 13-1979: Removal of Topsoil.
(7)
L.L. No. 10-1994: Flood Damage Prevention.
(8)
L.L. No. 6-1994: Junk Vehicles.
(9)
L.L. No. 5-1995: Lighting Nuisances.
(10)
L.L. No. 1-1991: Mobile Homes.
(11)
L.L. No. 1-1992: Transient Retail Merchants.
(12)
L.L. No. 22-1968: Sanitary Sewer Code.
(13)
L.L. No. 3-1969: Refuse Disposal.
(14)
L.L. No. 2-1995: Storage Trailers.
(16)
L.L. No. 10-1986: Zoning.
[Added 7-8-2024 by L.L. No. 7-2024]
As stipulated within the context of this article, the Code Enforcement Official is duly responsible to interpret all relevant provisions to ensure compliance. Upon application, any variance from strict compliance of the specifications relating to the State Building Code shall be referred to the New York State Board of Review Council pursuant to Title 19 NYCRR, Chapter XXXII, Part 1205. The Code Enforcement Official is also authorized to make interpretations in regard to the Town Zoning Code and pertinent Town local law. When deemed necessary, the Code Enforcement Official may also refer such interpretations to the Zoning Board of Appeals. Any appeal for variance or any modification of provisions of the Town Zoning Code shall be referred to the Zoning Board of Appeals, which subject to its approval, may grant a variance in accordance with Article XXXIII.
[Added 7-8-2024 by L.L. No. 7-2024]
No permits will be issued for the construction of a private garage or other similar outbuilding on any lot unless it is in compliance with zoning regulations applicable thereto. It is the intent of this section to prevent the construction of a garage or other outbuilding to be used for a residence until such time as the residence may be built.
[Added 7-8-2024 by L.L. No. 7-2024]
Each plan filed for construction of any structure, except a one- or two-family residence, shall provide sufficient parking area off the public highway to provide for all normal parking requirements of the structure to be built, all in accordance with regulations applicable thereto.
[Added 7-8-2024 by L.L. No. 7-2024]
A.
Grading shall conform to grades of adjacent property unless, by mutual agreement of adjacent owners, a new grade is established which is satisfactory to the Town Engineer.
B.
Grading in subdivisions with an approved grading plan shall conform to said plans unless, by mutual agreement of adjacent owners, a new grade is established which is satisfactory to the Town Engineer.
C.
Grading in subdivisions with no approved grading plan or on lots with no approved grading plans shall be approved by the Town Engineer.
[Added 7-8-2024 by L.L. No. 7-2024]
A.
All plumbing and site utility work conducted in the Town of Hamburg shall be performed only by duly licensed plumbers.
(1)
A licensed master plumber or journeyman plumber or site utility contractor employing plumbers shall be present at all times when work is being performed on any premises within the Town of Hamburg, exclusive of the Villages of Hamburg and Blasdell, involving the original installations, alterations or repair of plumbing as defined in § 76-27 of this chapter.
B.
Method of application for license. Any person who shall desire a license to conduct a plumbing business within the Town of Hamburg, exclusive of the Villages of Blasdell or Hamburg, shall apply in person and register his or its name and address with the Code Enforcement Official upon the application form prescribed by the Code Enforcement Department.
C.
Issuance of license. A Code Enforcement Official shall issue a license authorizing said applicant to conduct such business in the Town of Hamburg upon being satisfied that the applicant has met the following conditions:
(1)
Approval of Code Enforcement Official, evidenced by the receipt of a certificate from the Town Plumbing Examiner showing that such person has satisfactorily passed an examination held by said examiner. The certificate must be dated within one year of the date of the application.
(2)
(Reserved)
(3)
Payment of fees as prescribed for a master license, a journeyman license or site utility contractor.
D.
Use of license by others. No license holder shall allow his name or license to be used by any other person or party either for the purpose of obtaining permits or doing any work under his license. Plumbers will be held responsible for violation of any rules of the Town by journeyman plumbers or others in their employ.
E.
Transfer of license. A license cannot be transferred to any successor in the business or to any person whomsoever under any circumstances.
F.
Expiration of license. All licenses shall expire on the 31st day of December of the year issued and may be renewed within 30 days preceding expiration.
H.
Examinations.
(1)
It shall be the joint responsibility of the Code Enforcement Official and the duly appointed Plumbing License Examiner to have jurisdiction over and examine all persons desiring or intending to engage in the plumbing business, sewer installations or as employing plumbers in the Town of Hamburg, with the power of examining persons applying for examinations, such as plumbers and site utility contractors, to determine their qualifications for conducting the business of plumbing and sewer construction and to issue certificates of competency to all such persons who shall have satisfactorily passed the examination before them and who shall be by them determined to be qualified for conducting business as plumbers and site utility contractors within the Town. The Town Board (by resolution on an annual basis) shall appoint a qualified individual hereafter known as the "Plumbing License Examiner." It shall be this individual's responsibility to prepare and monitor plumbing examinations in order to certify that all applicants meet a satisfactory level of competency.
(2)
Applicants must have:
(a)
Two years of vocational school, plus four years of practical experience under the supervision of a master plumber for a master plumbing exam; two years of vocational school, plus two years of practical experience under the supervision of a master plumber for a journeyman exam; two years of vocational school, plus two years of practical experience under a licensed site utility contractor for a site utility contractor exam; or
(b)
Six years of practical plumbing experience for a master plumbing exam; four years of practical plumbing experience for a site utility contractor or journeyman plumber; or
(3)
The Plumbing License Examiner shall hold an examination during each June and December hereafter for site utility contractors and master and journeyman plumbers.
(4)
Upon the request of a qualified applicant, a special examination may be held, at any time, at the discretion of the supervising code enforcement official. The expense of such a special examination shall be established by Town Board resolution, which amount shall be deposited with the Town Clerk, by the applicant for such examination.
(5)
Before an applicant shall be admitted to an examination, he shall file his application in writing with the Code Enforcement Department at least five days before the examination date and shall pay the Town Clerk the required examination fee. The names and addresses of applicants shall be forwarded by the Code Enforcement Department to the Town Clerk.
I.
(Reserved)
J.
Notice of violation of rules.
(1)
Whenever any inspector or other person reports a violation of any rule or regulation for plumbing and drainage, or a deviation from any officially approved plan or specification for plumbing and drainage filed with the Code Enforcement Department, a notice of the violation thereof shall be served upon the person, firm or corporation doing the work, if a registered plumber.
(2)
Such notice may be served personally or by mail, and, if by mail, it may be addressed to such licensed plumber at the address registered by him or it with the Town Clerk, but the failure of a plumber to register will relieve the Town from the requirement of giving notice of violation. Unless the violation is removed within three days after the date of serving or mailing such notice, exclusive of the day of service or mailing, the Code Enforcement Official may proceed with enforcement action according to law. A reinspection fee shall be charged.
K.
Penalties for offenses.
(1)
Any person violating the provisions of this section or any rules or regulations of the Town Code Enforcement Department and who fails to remove or correct such violations after notice as provided in Subsection J hereof shall be guilty of a misdemeanor and, on conviction, shall be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both, and in addition, if a licensed plumber, shall forfeit his or its license.
(2)
All violations under this article shall be prosecuted in the name of the inspector on behalf of the Town of Hamburg.
L.
The Code Enforcement Official shall not issue a permit to anyone to connect with the exterior sewers in the Town of Hamburg, unless such person is a duly licensed master plumber or site utility contractor. The Code Enforcement Official shall not issue a permit to anyone to perform any and all interior plumbing work, unless such person is a duly licensed master plumber.
(1)
Exception: For good reason a representative from the plumbing company other than the master plumber or site utility contractor may temporarily sign for a permit. A master plumber or site utility contractor would need to submit in writing a request one week prior to their temporary absence due to a vacation or a medical reason to have an employee of the plumbing company sign for permits for the time of their temporary absence. The name of the employee that will be designated as a temporary signer will need to be given in the above request. The temporary absence can not exceed three weeks. A medical absence can be extended with proof from the plumbers physician. In the case of a medical emergency the above prior request can be waived.
M.
Plans and specifications. Plans and specifications of the work, together with an application signed by the owner or his agent for a permit must be submitted to the Code Enforcement Official for approval, and a permit must be obtained before any part of the building or work is commenced. There shall be a separate plan for each building, public or private, accompanied by specifications describing the drainage of said building on blanks prescribed and furnished for this purpose, showing the size and kind of pipes, traps, closets, fixtures, etc. to be used, the same to be examined and placed on file with the Code Enforcement Department. A fee, as determined by a schedule of fees adopted by the Town Board, shall accompany each application.
N.
A further change in plans. Application for a change in plans or work in the building must be made in writing by the plumber, duly signed by the owner or his agent, and a written permit obtained from the Code Enforcement Official before any part of the work is started.
O.
(Reserved)
P.
Erie County Sewer District No. 2, Erie County Sewer District No. 3 and miscellaneous districts. The fees for a sewer permit to make any connection to the sanitary sewers in Erie County Sewer District No. 2, Erie County Sewer District No. 3 and miscellaneous districts in Hamburg shall be established at the following rates:
(1)
For a single- or double-family dwelling, the fee shall be $50.
(2)
For multifamily housing, the fee shall be $50, plus $25 for each additional dwelling unit in excess of two dwelling units.
(3)
For commercial or institutional facilities having sanitary facilities that are served by a domestic water service less than one inch in diameter, the fee shall be $50. For those facilities served by a domestic water service which is equal to or greater than one inch in diameter, but less than 1 1/2 inches in diameter, the fee shall be $75. For those facilities served by a domestic water service which is equal to or greater than 1 1/2 inches in diameter but less than two inches in diameter, the fees shall be $200.
(4)
For facilities served by a domestic water service which is equal to two inches in diameter, the fee shall be $350. For any facility served by a domestic water service which is greater than two inches in diameter, the fee shall be determined based on the size of the water service, and such fee shall be calculated by the Code Enforcement Department. Note: Water services used for the sole purpose of fire protection shall not be considered in the determination of sewer permit fees.
Q.
(Reserved)
[Added 7-8-2024 by L.L. No. 7-2024]
A.
Use of public sewers required. Where a public sewer is accessible in a street, alley, easement or thoroughfare to a building or premises abutting thereon, the liquid waste from any plumbing system in said building shall be discharged into the public sewer unless otherwise prohibited.
B.
Sewage treatment required. Where the liquid waste from any plumbing is not discharged into a public sewer, such waste in no case many any liquid shall be treated or disposed of as recommended by the Erie County Health Department.
C.
Septic tank location. Septic tanks are to be located as recommended by the Erie County Health Department.
D.
Harmful waste in sewers.
(1)
Attention is referred to the provisions of Part 403 of Title 40, Code of Federal Regulations (40 CFR) and the Rules and Regulations for Erie County Sewer Districts Section 404, Oil and Grease Separators and/or Sediment Separators, which stipulates that all food preparation facilities, vehicle maintenance shops and garages and similar commercial establishments which generate and discharge oil, grease, grit and sediments, or other harmful ingredients in excess of 100 milligrams per liter (100 mg/l), or as determined to be detrimental to, and into the public sewer, shall be required to provide an oil and grease and/or sediment separator compliance to the required design guidelines stated therein.
(2)
In no case may any liquid or vapors having a temperature greater than 122° F. (50° C.) or wastewater of such quantity and temperatures as to cause the temperature of the influent at the treatment plant to exceed 104° F. (40° C.) be discharged. In such case there shall be provided a satisfactory cooling device.
E.
Explosive or inflammable matter in sewers.
(1)
No explosive or flammable matter shall be discharged into any sewer.
(2)
Cleaning establishments, buildings used for housing or repairing automobiles, gasoline and oil service stations and other buildings or establishments where gasoline, oils, calcium, carbide or other explosives or flammable materials are stored, sold or handled, the drains from which they are connected to public sewers, must be provided with an approved intercepting pit or tank so constructed, located, and maintained as to prevent the entrance into the sewer of such explosive or flammable matter.
F.
Protection of material. All pipes passing under or through walls shall be protected from breakage. No metal pipes shall pass through or under cinders, slag or other corrosive material.
G.
Workmanship. Workmanship shall be of such character as fully to secure the result sought to be obtained in all of the sections of this Code.
[Added 7-8-2024 by L.L. No. 7-2024]
A.
Electrical inspector. The supervising Code Enforcement Officer and each of the duly appointed inspectors of any electrical inspection company or agency which has been approved by local electric utilities and which has submitted to the Town of Hamburg proof of satisfactory liability coverage are hereby authorized and deputized as agents of the Town of Hamburg to make inspections and reinspections of all electrical installations heretofore and hereafter described and approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Hamburg.
B.
Duties of electrical inspector.
(1)
It shall be the duty of the designated inspector to report in writing to the Code Enforcement Department Inspector, whose duty it shall be to enforce all provisions of this chapter, all violations or deviations from or omissions of the electrical provisions of the New York State Uniform Fire Prevention and Building Code applicable to the Town of Hamburg and of all local laws, ordinances and the New York State Uniform Fire Prevention and Building Code, as referred to in this chapter, insofar as any of the same apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Hamburg upon the written request of an authorized official of the Town of Hamburg or as herein provided. The inspector is authorized to make inspections and reinspections of electrical wiring, installations, devices, appliances and equipment in or on properties within the Town of Hamburg where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Hamburg.
(2)
It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Hamburg and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuance of a certificate of compliance when electrical installations and equipment are in conformity with this article. He shall direct that a copy of the certificate of compliance be sent to the Town of Hamburg to the attention of the Code Enforcement Department.
C.
Violation of this section. It shall be a violation of this section for any person, firm or corporation to install, to cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the Town of Hamburg until an application for inspection has been filed with any electrical inspection company or agency which has been approved by local electric utilities and which has submitted to the Town of Hamburg proof of satisfactory liability coverage. It shall be a violation of this section for a 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 energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the designated electrical inspector or inspection agency.
[Added 7-8-2024 by L.L. No. 7-2024]
In cases where the New York State Uniform Fire Prevention and Building Code has referred to local jurisdiction, in the absence of a local law, the designated Code Enforcement Official shall be the local authority having jurisdiction.