[HISTORY: Adopted by the Town Board of the
Town of Red Hook 4-10-1990 by L.L. No. 1-1990; amended in its entirety 12-12-2006 by L.L. No.
8-2006. Subsequent amendments noted where applicable.]
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, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 74-5 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 74-8B of this chapter.
The Building Inspector appointed pursuant to § 74-3B of this chapter.
Shall include the Building Inspector and all inspectors.
An order issued by the Building Inspector pursuant to § 74-16A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 74-3D of this chapter.
A permit issued pursuant to § 74-11 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.
The person to whom a building permit has been issued.
Shall 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.
An order issued pursuant to § 74-7 of this chapter.
A certificate issued pursuant to § 74-8D of this chapter.
The Town of Red Hook.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Building Inspector is hereby created.
The Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this chapter. The Building
Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Building Inspector
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy/certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this 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 this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter.
B.
The Building Inspector shall be appointed by the Supervisor
with the approval of the Town Board. The Building Inspector 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 Building Inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
C.
In the event that the Building Inspector is unable
to serve as such for any reason, an individual shall be appointed
by the Town Supervisor, with the consent of the Town Board to serve
as Acting Building Inspector. The Acting Building Inspector shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Building Inspector by this chapter.
D.
One or more Inspectors may be appointed by the Town
Supervisor, with the approval of the Town Board to act under the supervision
and direction of the Building Inspector and to assist the Building
Inspector in the exercise of the powers and fulfillment of the duties
conferred upon the Building Inspector by this chapter, including without
limitation the conduct of inspections and the issuance of permits,
appearance tickets, stop-work orders, and notices of violation. 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
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder. The Zoning Enforcement Officer and/or any
deputies may be appointed as Inspectors pursuant to this provision
provided that such person has the training and certification required
for an Inspector pursuant to this provision.
[Amended 11-10-2020 by L.L. No. 2-2020]
E.
The compensation for the Building Inspector and inspectors
shall be fixed and adjusted from time to time by the Town Board of
this Town.
The Town Board may, after public notice and
publication of at least five days prior to the effective date thereof
in a newspaper of general circulation within the Town, adopt such
further procedural/administrative rules and regulations as the Town
Board of this Town deems reasonable to carry out the provisions of
this chapter. The Code Enforcement Official may make recommendations
to the Town Board in writing to adopt, amend or repeal such rules
and regulations as they may relate to efficient administration and
enforcement of the provisions of the Uniform Code, this chapter or
any other provision of law.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 100 square feet and each of the following criteria is satisfied:
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
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
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall,
partition, or portion thereof, or of any structural beam or load-bearing
component;
(b)
The removal or change of any required means of egress,
or the rearrangement of parts of a structure in a manner which affects
egress;
(c)
The enlargement, alteration, replacement or relocation
of any building system; or
(d)
The removal from service of all or part of a fire
protection system for any period of time.
C.
Agricultural buildings, as defined in the New York State Uniform Fire Prevention and Building Code, will be required to obtain a permit prior to construction, but will otherwise be exempt from the application of the Uniform Fire Prevention and Building Code. In the AB District, a permit will not be required for agricultural fencing that does not exceed eight feet in height or for deer fencing that does not exceed 12 feet in height. For purposes of this subsection, "agricultural fencing" shall be defined in § 143-4 of the Zoning Code.
[Amended 4-27-2016 by L.L. No. 2-2016]
D.
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.
E.
Applications for building permits. Application for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or lessee of the property where the work is to be performed or agent of either the owner or lessee or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code and § 74-20 of this chapter. The application shall include or be accompanied by the following information and documentation:
[Amended 4-14-2009 by L.L. No. 1-2009]
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(5)
The valuation of the proposed work;
(6)
The full name and address of the owner and the applicant,
and the names and addresses of their responsible officers if any of
them are corporations;
(7)
Evidence that all water supply and sewage disposal
installations shall conform to the regulations of the Dutchess County
Health Department;
(8)
Evidence of a driveway access and/or work permit from
the appropriate authority or jurisdiction (New York State Department
of Transportation, Dutchess County Department of Public Works, Town
Highway Department);
(9)
Evidence of the issuance of any other permits and
approvals (e.g., by the New York State Department of Environmental
Conservation or the Army Corps of Engineers) required to carry out
the intended project;
(10)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable laws, ordinances, rules
and regulations, including, where applicable, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data;
(11)
Proof that the applicant has named the Town as an
additional insured during the construction period and proof of compliance
with New York State Workers Compensation Insurance and Liability Insurance
requirements; and
(12)
At least two sets of construction documents (drawings and/or specifications) which define the scope of the proposed work; are prepared and signed (by a New York State registered architect or licensed professional engineer where so required by the Education Law; indicate with sufficient clarity and detail the nature and extent of the work proposed; substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and a copy of a plot drawn to scale and accurately dimensioned and showing the location and size of all proposed new construction and all existing structures on the site, the nature of the work to be performed and the materials to be incorporated, distance from lot lines and such other information as may be required by either the Building Inspector to determine compliance with this chapter, Chapter 143 and other applicable regulations, including the requirements of the New York State Uniform Fire Prevention and Building Code or, where applicable, include a Planning Board approved site plan that shows any existing and proposed buildings and 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 buildings and structures and the lot lines.
F.
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 E(12) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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.
G.
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 Building Inspector shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code and with the Zoning Ordinance
of the Town of Red Hook.[1]
H.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site so as to be readily seen
from adjacent thoroughfares, if possible, and shall remain visible
until the authorized work has been completed.
I.
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 Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
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.
J.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the authorized work is commenced or 18 months after the date of issuance
of the building permit, whichever shall first occur. A building permit
which has become invalid or which has expired pursuant to this subsection
may be renewed upon application by the permit holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
K.
Revocation or suspension of building permits. If the
Building Inspector 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, or where the person to whom a building
permit has been issued fails or refuses to comply with a stop-work
order issued by the Building Inspector, the Building Inspector shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that:
L.
Issuance of demolition permits. The Building Inspector shall issue demolition permits in accordance with applicable Town regulations regarding the disposition of unoccupied buildings or the required removal of unsafe buildings and structures. Except where deemed by the Building Inspector to be an emergency action necessary to protect public health and safety, no such demolition permit shall be issued within the Hamlet (H) District until the application for permit has been reviewed and a certificate of appropriateness issued by the Planning Board in accordance with the procedure and criteria set forth in § 143-45 of Chapter 143 of this Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
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 where the work fails to
comply with the Uniform Code or Energy Code. 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 Building Inspector is authorized
to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector
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 Building Inspector, without regard
to whether such work is or is not work for which a building permit
is required, and without regard to whether a building permit has or
has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
C.
Service of stop-work orders. The Building Inspector
shall cause the stop-work order, or a copy thereof, to be served on
the owner of the affected property (and, if the owner is not the permit
holder, on the permit holder) personally or by registered mail/certified
mail. The Building Inspector shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered mail/certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
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 § 74-16, Enforcement; 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/certificates of compliance
required. A certificate of occupancy/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/certificate
of compliance. A certificate of compliance is required for all building
permits issued for purposes other than those listed above.
B.
Issuance of certificates of occupancy/certificates of compliance. The Building Inspector shall issue a certificate of occupancy/certificate of compliance if the requirements of Chapter 143 of this Code and § 74-20 of this chapter have been satisfied and 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 Building Inspector or an inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/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 Building Inspector, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy/certificate of compliance:
[Amended 4-14-2009 by L.L. No. 1-2009]
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/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, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit;
(10)
the signature of the Building Inspector issuing the
certificate of occupancy/certificate of compliance and the date of
issuance;
(11)
for any building within Red Hook Water District No.
1 of the Town of Red Hook (proof of compliance with) all rules and
regulations of that water district have been complied with;
(12)
An affidavit of the registered architect or licensed
professional engineer who filed the original plans, of the registered
architect or licensed professional engineer who supervised the conduct
of the work or of the superintendent of construction who supervised
the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate is sought. This affidavit shall
state that the approved plans of the structure for which a certificate
of occupancy is sought have been examined and that the structure has
been erected in accordance with approved plans and, as erected, complies
with all other laws governing building construction except insofar
as variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit and for major projects documented
through the submission of an as-built drawing; and
(13)
A statement that the dwelling is a New York ENERGY
STAR home, when applicable.
[Added 4-14-2009 by L.L. No. 1-2009]
D.
Temporary certificate. The Building Inspector shall
be permitted to issue a temporary certificate 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 Building Inspector issue a temporary
certificate unless the Building Inspector determines that the building
or structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have
been provided. The Building Inspector may include in a temporary certificate
such terms and conditions as he or she deems necessary or appropriate
to ensure safety or to further the purposes and intent of the Uniform
Code. A temporary certificate shall be effective for a period of time,
not to exceed six months, which shall be determined by the Building
Inspector and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, 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 Building
Inspector determines that a certificate of occupancy/certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Building
Inspector within such period of time as shall be specified by the
Building Inspector, the Building Inspector shall revoke or suspend
such certificate.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in
this Town shall be identified and addressed in accordance with the
procedures established by Local Law Number 10 of 1976,[1] as now in effect or as hereafter amended from time to
time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR Section 1225.1;
(b)
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;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
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.
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 Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
C.
Inspections. The Building Inspector or an Inspector
authorized by the Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit.
D.
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 Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Building Inspector to be consistent with local conditions.
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 Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
F.
Revocation or suspension of operating permits. If
the Building Inspector determines that any activity or building for
which an operating permit was issued does not comply with any applicable
provision of the Uniform Code, such operating permit shall be revoked
or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Building Inspector or an Inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector 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; 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.
C.
OFPC inspections. 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
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Building Inspector 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 Building Inspector 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 § 74-16, Enforcement; 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.
The Building Inspector 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;
(9)
All fees charged and collected.
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 Building Inspector shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 74-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector 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 Building Inspector shall, upon request of the
New York State Department of State, provide to the New York State
Department of State, from the records and related materials this Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
The Building Inspector 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. Upon finding that any such
condition or activity exists, the Building Inspector shall issue a
compliance order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates
the Uniform Code, the Energy Code, or this chapter;
(d)
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;
(e)
Specify the period of time which the Building
Inspector deems to be reasonably necessary for achieving compliance,
which date shall be not more than 20 calendar days from the date of
service or such additional time as determined necessary by the Building
Inspector;
(f)
Direct that compliance be achieved within the
specified period of time; and
(g)
State that an action or proceeding to compel
compliance may be instituted if compliance is not achieved within
the specified period of time.
(2)
The Building Inspector shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail/certified mail. The Building
Inspector shall be permitted, but not required, to cause the compliance
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
being performed at the affected property personally or by registered
mail/certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. Pursuant to the provisions of this chapter, adopted pursuant to Municipal Home Rule Law, § 10(4)(a) and Criminal Procedure Law § 150.20, Police Officers, the Code Enforcement Official/Building Inspector of the Town of Red Hook, and each Inspector are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Red Hook, when such officer has reasonable cause to believe a person has violated, this chapter, including a violation of the Uniform Code, or any of the following chapters of the Town Code: Chapter 44 entitled "Assemblies, Public," Chapter 52 entitled "Buildings, Unsafe," Chapter 60 entitled "Disaster and Emergency Preparedness," Chapter 73 entitled "Wood-Burning Fireplaces, Outdoor," Chapter 77 entitled "Flood Damage Prevention," Chapter 79 entitled "Food Trucks," Chapter 92 entitled "Noise," Chapter 117 entitled "Streets and Sidewalks," and Chapter 123 entitled "Swimming Pools," and to prosecute the violation in Town Court. The content of such appearance ticket and the method of prosecution thereunder shall at all times be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
[Amended 11-10-2020 by L.L. No. 2-2020]
C.
Emergency action. If, in the opinion of the Building
Inspector, a violation exists which requires immediate action to avoid
a direct hazard or imminent danger to the health, safety or welfare
of occupants of a building or to other persons, the Building Inspector
may direct that such violation be immediately remedied or may take
direct action on his own initiative to abate the hazard. Any costs
incurred by such action shall be paid for by the owner, occupant or
person responsible for the violation. The Building Inspector shall
keep on file an affidavit stating with fairness and accuracy the items
of expense and date of execution of action taken and is furthermore
authorized to institute a suit, if necessary, against the person liable
for such expenses in order to recover said costs.
D.
Penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this 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 Building Inspector pursuant to any provision
of this chapter, shall be liable to a penalty of not more than $250
or imprisonment for not more than 15 days, or both, 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.
E.
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, compliance order, or other notice or order
issued by the Building Inspector 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, compliance order 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.
F.
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 § 74-7, 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 § 74-7, 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 or the penalties specified in § 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 or specified in § 382 of the Executive Law.
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, firesafety and property
maintenance inspections, and other actions of the Building Inspector
described in or contemplated by this chapter.
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.
A.
Whenever the Building Inspector or Fire Marshal shall
disapprove an application or refuse to grant a permit applied for
or when it is claimed that the provisions of the Uniform Code do not
apply or that the intent and meaning of this chapter have been misconstrued
or misinterpreted, the person affected may appeal from the decision
of the Building Inspector or Fire Marshal to the New York State Uniform
Fire Prevention and Building Code Board of Review established under
the applicable provisions of the New York State Executive Law.
B.
The procedures set forth herein for appeals shall
not prohibit the Building Inspector or Fire Marshal from immediately
removing a hazard or ordering the immediate closing of a building
or premises until a violation of this chapter has been corrected when
such hazard or existence of such violation constitutes a distinct
hazard to life or public safety.
[Added 4-14-2009 by L.L. No. 1-2009]
A.
APPLICABLE HOME
HERS RATER
HERS SCORING SYSTEM
NEW YORK ENERGY STAR HOME
NYSERDA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any newly constructed one- to four-family dwelling, not more
than three stories in height, with a separate means of egress for
each dwelling, a minimum of one heating source for each dwelling,
and a separate primary electric meter for each family dwelling unit.
This term shall include, without limitation, a townhouse.
A person who is certified to conduct HERS scoring system
ratings. HERS raters shall be certified through a participating accredited
provider and shall file an addendum to the EPA ENERGY STAR Partnership
Agreement with NYSERDA or shall otherwise be certified in accordance
with program regulations approved by resolution of the Town Board.
The home energy rating system established by the Residential
Energy Services Network (RESNET) and applied by NYSERDA for the purposes
of the New York ENERGY STAR home program.
Any applicable home built to achieve a score of 84.0 or higher
on the HERS scoring system, determined using RESNET-accredited rating
software and on-site inspections by a certified HERS rater.
The New York State Energy Research and Development Authority.
B.
Commencing six months from the effective date of this
section, no building permit shall be issued for any applicable home,
unless the applicant certifies that the dwelling will meet the requirements
for a New York ENERGY STAR home by submitting to the Building Inspector
a preliminary HERS rating certificate prepared by a HERS rater.
C.
Commencing six months from the effective date of this section, no certificate of occupancy/certificate of compliance shall be issued for any applicable home which was required to obtain a building permit subject to Subsection B of this section; or for any applicable home for which a building permit was issued more than six months before the effective date of this section, unless the applicant certifies that the dwelling is a New York ENERGY STAR home by obtaining and submitting to the Building Inspector an ENERGY STAR rating certificate prepared by a HERS rater, including all performance and field test verification.
