[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 11-7-2006 by L.L. No. 6-2006;[1] amended in its entirety 10-18-2022 by L.L. No. 1-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 62, Building Construction and Fire Prevention, adopted 4-21-1998
by L.L. No. 1-1998.
This chapter shall provide for administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (Uniform
Code) in the Village of Newark. This chapter is adopted pursuant to
Section 10 of Article 2 of the Municipal Home Rule Law. Except as
otherwise provided within this chapter, state law, or within the Uniform
Code, all premises, regardless of use, are subject to the provisions
which follow.
The Village Board may, by resolution, authorize the Mayor to
enter into a contract with other governments to carry out the terms
of this chapter.
If any section of the 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 thereof.
A.ย
The Office of Code Enforcement Officer is hereby created and shall
be administered by an appointee of the Village Board. The Code Enforcement
Official shall possess background experience related to building construction
or fire prevention and shall, within the time constraints prescribed
by law, obtain such training as the State of New York shall require
for code enforcement officials.
B.ย
In the absence of the Code Enforcement Officer, or in the case of
his inability to act for any reason, the Mayor shall have the power,
with the consent of the Village Board, to designate a person to act
in behalf of the Code Enforcement Officer and to exercise all the
powers conferred upon him by this chapter.
C.ย
The Mayor, with the approval of the Village Board, may appoint one
inspector or more, as the need may appear, to act under the supervision
and direction of the Code Enforcement Officer as directed by him.
D.ย
The compensation for the Code Enforcement Officer, acting Code Enforcement
Official and inspectors shall be fixed and adjusted as needed by the
Village Board.
E.ย
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and the provisions of this chapter,
including receiving building permit applications, reviewing plans
and specifications, conducting inspections, issuing permits for the
erection, alteration, relocation, addition, repair and/or demolition
of buildings and structures, issuing certificates of occupancy, collecting
fees as set forth by the Village Board and maintaining and filing
all records necessary for the administration of the office to the
satisfaction of the Village Board. The Code Enforcement Officer is
authorized to pursue administrative actions and, in consultation with
the Village Attorney, legal action as necessary to abate conditions
not in compliance with the New York State Uniform Fire Prevention
and Building Code, this chapter, or other laws, rules or regulations
of the Village of Newark or of the State of New York.
A.ย
Permits required.
(1)ย
Except as hereinafter provided, no person, firm, corporation, association
or partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or
structure or any portion thereof, or install a solid-fuel-burning
heating appliance, chimney or flue in any dwelling unit, without first
having obtained a permit from the Code Enforcement Officer.
(2)ย
No permit shall be required for:
(a)ย
Construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family
dwellings (townhouses) which are used for tool and storage sheds,
playhouses, or similar uses, provided the gross floor area does not
exceed 144 square feet (13.38 square meters) and is not permanently
affixed to the ground;
(b)ย
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(c)ย
Construction of retaining walls unless such walls support a
surcharge or impound Class I, II or IIIA liquids;
(d)ย
Installation of window awnings supported by an exterior wall
of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(e)ย
Installation of partitions or movable cases less than five feet
nine inches in height;
(f)ย
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(g)ย
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(h)ย
Replacement of any equipment, provided the replacement does
not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(i)ย
Repairs, provided that such repairs do not involve:
[1]ย
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
[2]ย
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
[3]ย
The enlargement, alteration, replacement or relocation of any
building system;
[4]ย
The removal from service of all or part of a fire protection
system for any period of time.
B.ย
Application for a permit.
(1)ย
An application for a building permit shall request sufficient information
to permit a determination that the intended work will be in accordance
with the requirements of the Uniform Code and shall require submission
of the following information and documentation:
(a)ย
A description of the proposed work;
(b)ย
The tax map number and the street address;
(c)ย
The occupancy classification of any affected building or structure;
(d)ย
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)ย
At least two sets of construction documents (drawing and/or
specifications) that define the scope of the proposed work.
(2)ย
Construction documents shall not be accepted as part of an application
for a building permit unless such documents:
(a)ย
Are prepared by a New York State-registered architect or licensed
professional engineer where so required by the Education Law;
(b)ย
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(c)ย
Substantiate that the proposed work will comply with the Uniform
Code and the State Energy Conservation Construction Code;
(d)ย
Where applicable, include a site plan that shows any existing
and proposed structures on the site, the location of any existing
or proposed well or septic system, the location of the intended work,
and the distances between the structures and the lot lines.
(3)ย
Applications for building permit or for an amendment thereto shall
be examined to ascertain whether the proposed construction is in substantial
conformance with the requirements of the Uniform Code.
(a)ย
The Code Enforcement Officer shall stamp, sign and date all
accepted construction documents. One set of accepted construction
documents shall be retained by the Code Enforcement Officer. One set
shall be returned to the applicant to be kept at the work site so
as to be available for use by the Code Enforcement Officer.
(4)ย
The building permit shall contain a statement directing that all
work shall be performed in accordance with the construction documents
submitted and accepted as part of the application and shall include
the directive that the Code Enforcement Officer shall be notified
immediately in the event of changes occurring during construction.
(5)ย
Building permits shall expire 12 months from the date of issuance.
Permits shall become invalid unless the work authorized is commenced
within 12 months following the date of issuance. Building permits
may be renewed, provided that the work has commenced in such a manner
as to be ongoing and upon payment of the appropriate fee.
(6)ย
Building permits which are issued in error because of incorrect,
inaccurate or incomplete information, or when the work for which such
permit was issued violates the Uniform Code, shall be revoked or suspended
until such time as the permit holder demonstrates that all work completed
and all work proposed shall be in compliance with applicable provisions
of the code.
(7)ย
Building permits shall be visibly displayed at the work site and
are to remain visible until the project has been completed.
A fee schedule shall be established, and changed as needed,
by resolution of the Village Board. Such fees may be charged for the
issuance of permits, permit renewals, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, operating permits
and for fire safety inspections.
A.ย
Permitted work shall remain accessible and exposed until inspected
and accepted by the Code Enforcement Officer. It shall be the responsibility
of the owner, applicant, or his agent to notify the Code Enforcement
Officer when construction work is ready for inspection, at least two
days in advance.
(1)ย
If entrance to make an inspection is refused or cannot be obtained,
the Village Board, after being notified by the inspector of the situation,
may apply for an order to make inspection to any court of competent
jurisdiction.
B.ย
The following elements of the construction process shall be inspected
as determined by the Code Enforcement Officer to be applicable:
(1)ย
Work site prior to the issuance of a permit;
(2)ย
Footing and foundation;
(3)ย
Preparation for concrete slab;
(4)ย
Framing;
(5)ย
Building systems, including underground and rough-in;
(6)ย
Fire-resistant construction;
(7)ย
Fire-resistant penetrations;
(8)ย
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)ย
Energy Code compliance;
(10)ย
Rough and final electrical inspection, performed by a third party;
and
(11)ย
A final inspection after all work authorized by the building permit
has been completed.
C.ย
After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified
as to where the work fails to comply with the Uniform Code. Construction
work not in compliance with code provisions shall be required to remain
exposed until it has been brought into compliance with the code, been
reinspected, and been found satisfactory as completed.
The Code Enforcement Officer is authorized to issue stop-work
orders to halt work that is determined to be contrary to provisions
of the Uniform Code, or is being conducted in a dangerous or unsafe
manner, or is being performed without obtaining a required permit.
A stop-work order shall state the reason for its issuance and the
conditions which must be satisfied before work will be permitted to
resume.
A.ย
No building erected subject to the New York State Uniform Fire Prevention
and Building Code shall be used or occupied, except to the extent
authorized hereunder, until a certificate of occupancy has been issued.
B.ย
No building similarly enlarged, extended, or altered, or upon which
work has been performed which requires the issuance of a building
permit shall be occupied or used after the completion of the alteration
or work unless a certificate of occupancy or a certificate of compliance
has been issued.
C.ย
No change shall be made in the nature of the occupancy of an existing
building unless a certificate of occupancy authorizing the change
has been issued.
D.ย
A certificate of occupancy or a certificate of compliance shall be
preceded by an inspection of the building, structure or work. Where
applicable, the Code Enforcement Officer may require a written statement
of structural observations and/or a final report of special inspections,
prepared in accordance with the provisions of the Uniform Code, to
be received prior to the issuance of the certificate. Also, where
applicable, flood hazard certifications, prepared in accordance with
the provisions of the Uniform Code, shall be received prior to the
issuance of the certificate.
E.ย
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)ย
The building permit number, if any;
(2)ย
The date of issuance of the permit, if any;
(3)ย
The name, address and tax map number of the property;
(4)ย
Any special conditions imposed in connection with the issuance of
the building permit; and
(5)ย
The signature of the official issuing the certificate and the date
of issuance.
F.ย
A temporary certificate of occupancy may be issued if the building
or structure or a designated portion of a building or structure is
sufficiently complete that it may be put to the use for which it is
intended.
(2)ย
A temporary certificate shall list the items which remain uncompleted.
The Code Enforcement Official may place special conditions on temporary
certificates as necessary to insure safety and to protect the interest
of the Village.
(3)ย
The effectiveness of a temporary certificate shall be limited to
a specified period of time as determined by the Code Enforcement Officer,
but in no event longer than 30 days from its date of issuance. For
good cause, the Code Enforcement Officer may allow a maximum of two
extensions for periods not exceeding 30 days each, during which the
permit holder shall undertake to bring the structure into full compliance
with applicable provisions of the Uniform Code.
(4)ย
A temporary certificate of occupancy may, at the discretion of the
Code Enforcement Official and upon payment of an additional fee as
specified for a temporary certificate of occupancy, be renewed.
G.ย
A certificate of occupancy or certificate of compliance issued in
error or on the basis of incorrect information shall be suspended
or revoked if the relevant deficiencies are not corrected within a
period of time specified by the Code Enforcement Officer.
A.ย
The Code Enforcement Officer shall issue operating permits for conducting
the activities or using the categories of buildings listed below:
(1)ย
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1(2), 2703.1(3),
or 2703.1(4) of the Fire Code of New York State (see 19 NYCRR Part
1225);
(2)ย
Hazardous processes and activities including, but not limited to,
commercial and industrial operations which produce combustible dust
as a by-product, fruit and crop ripening, and waste handling;
(3)ย
Use of pyrotechnic devices in assembly occupancies;
(4)ย
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)ย
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the Village Board
by resolution.
B.ย
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall be provided by the Code Enforcement Officer and shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required as determined by the Code Enforcement Officer.
C.ย
An inspection of the premises shall be conducted prior to the issuance
of an operating permit.
D.ย
A single operating permit may apply to more than one hazardous activity
as determined by the Code Enforcement Officer.
F.ย
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
A.ย
B.ย
All such inspections shall be performed by the Code Enforcement Officer
or his duly authorized deputies.
The chief of any fire department providing fire-fighting services
for a property within the Village of Newark shall notify the Code
Enforcement Official of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent, or any fire the
origin of which has been traced to the electrical system of any building
or structure.
The Village of Newark has made provisions for the restoration, demolition or removal of unsafe buildings in Chapter 67 of the Village Code, entitled "Buildings, Unsafe or Unsightly."
A.ย
Bona fide complaints which assert that conditions or activities fail
to comply with the Uniform Code or with local laws, ordinances or
regulations adopted for administration and enforcement of the Uniform
Code, shall be investigated by the Code Enforcement Officer.
B.ย
The process for responding to such complaints shall include:
(1)ย
Provisions for inspection of the conditions and/or activities alleged
to be in violation of the code or this chapter;
(2)ย
Written notification to any offending party and the property owner
of any such violation, within a period of time as determined by the
Code Enforcement Officer, to cause any such violations to be corrected;
(3)ย
Written notification in the form of a monthly report to the Village
Board that a complaint has been received and a violation notice has
been issued;
(4)ย
Upon abatement of a violation, an inspection shall be performed by
the Code Enforcement Officer to ensure that the violation has been
corrected, and a final written report shall be filed with the complaint.
A.ย
Upon determination that a violation of the Uniform Code or this chapter
exists in, on, or about any building or premises, the Code Enforcement
Officer shall order in writing the remedying of the condition. Such
order shall state the specific provision of the Uniform Code or the
Code of the Village of Newark which the particular condition violates
and shall grant such time as may be reasonably necessary for achieving
compliance before proceedings to compel compliance shall be instituted.
The notice required under this chapter shall be served upon the owner
or his or her executor, legal representative, agent, lessee or any
other person having a vested or contingent interest in such premises
as shown by the records of the Town Assessor or of the Wayne County
Clerk. Service shall be made either personally or, if not by personal
service, sent by mail addressed to the owner at the address of record.
If the letter is returned, a copy shall be posted in a conspicuous
place in or about the structure affected by such notice. Service of
such notice in the foregoing manner upon the owner's agent or
upon the person responsible for the structure shall constitute service
of notice upon the owner. Issuance of a summons by a Code Enforcement
Officer or a member of the Newark Police Department having jurisdiction
will also constitute service of notice. The notice shall also set
forth the consequences and effect of failure to comply with the said
notice, which may include monetary fines or liens placed on personal
property.
B.ย
In addition to those penalties prescribed by state law, any person,
firm or corporation who violates any provision of the Uniform Code
or any rule or regulation of this chapter, or the terms or conditions
of any certificate of occupancy issued by the Code Enforcement Officer,
shall be liable to a civil penalty of not more than $200 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Village Board on its own initiative
or at the request of the Code Enforcement Officer.
C.ย
Alternatively, or in addition to an action to recover the civil penalties provided by Subsection B, the Village Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of or to enforce any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
A.ย
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued,
fees charged and collected, inspection reports, all rules and regulations
promulgated by him with the consent of the Village Board, and notices
and orders issued. 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 regulations.
B.ย
The Code Enforcement Officer shall annually submit to the Village
Board a written report and summary of all business conducted by the
Building Department, including approvals, permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made, and appeals or litigation pending or concluded.
C.ย
The Code Enforcement Officer shall annually submit to the Secretary
of State on behalf of the Village Board, on a form prescribed by the
Secretary, a report of its activities relative to administration and
enforcement of the Uniform Code.