The Town Board in all respects approves the
establishment of and there is hereby established a fire-protection
district within the Town of Lockport, Niagara County, New York, to
be known as the "Town of Lockport Fire-Protection District" and to
be contained in and embrace the entire territory of the Town of Lockport.
The Town Clerk of this Town shall forthwith
cause a certified copy of this article to be recorded in the office
of the Clerk of the County of Niagara, New York, and shall also within
10 days from the adoption thereof cause a certified copy of this article
to be filed in the State Department of Audit and Control at Albany,
New York.
[Adopted 5-2-2007 by L.L. No. 2-2007]
This article provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. This article is
adopted pursuant to § 10 of the Municipal Home Rule Law
and Article 18 of the Executive Law and rules and regulations promulgated
pursuant thereto. Except as otherwise provided in the Uniform Code,
other state law, or other section of this article, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
58-6 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
58-5B of this article and shall include the designation “Building Inspector.” The terms “Code Enforcement Officer” and “Building Inspector” shall be used interchangeably in the Code of the Town of Lockport.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
58-12 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
TOWN
The Town of Lockport.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
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 structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
67 of the Code of the Town of Lockport, as now in effect or as hereafter amended from time to time.
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 article, or any other local law, ordinance or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code or other local law, ordinance, rule or regulation.
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. Making an initial determination of the basis of the
complaint and whether further investigation is merited;
B. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
C. 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 §
58-17, Enforcement; penalties for offenses, of this article;
D. If appropriate, issuing a stop-work order;
E. 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 fee schedule shall be established by resolution
of the Lockport Town Board. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
article.
The Lockport Town Board may, by resolution,
authorize the Supervisor to enter into an agreement with other governments
to carry out the terms of this article, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.