[HISTORY: Adopted by the Town Board of the
Town of Philipstown 8-7-2008 by L.L. No. 5-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Unsafe buildings — See Ch. 66.
Development and building fees — See Ch. 71.
Driveways — See Ch. 78.
Energy conservation — See Ch. 82.
Flood damage prevention — See Ch. 90.
Land development — See Ch. 112.
Zoning — See Ch. 175.
[1]
Editor's Note: This local law also repealed
former Ch. 62, Building Construction and Fire Prevention, adopted
2-4-1988 by L.L. No. 1-1988, as amended.
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 the Town of Philipstown. 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
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 62-4 of this chapter. The term building permit or 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 § 62-7B of this chapter.
The Code Enforcement Official appointed pursuant to § 62-3B of this chapter.
Includes the Code Enforcement Official and all inspectors.
The officially appointed Conservation Board, as described in § 239-y of the General Municipal Law and Chapter 10 of the Town Code of the Town of Philipstown.
[Added 9-25-2013 by L.L. No. 1-2013]
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The Fire Marshal appointed pursuant to § 62-3F of this chapter.
An inspector appointed pursuant to § 62-3H of this chapter.
A Town employee or consultant appointed to review development
applications for compliance with Town environmental regulations, including
but not limited to wetlands, steep slopes, and conservation analysis
requirements of zoning. This term is synonymous with "Wetlands Inspector."
This position may be held by an official with other duties, such as
the Town Planner, or Town Engineer.
[Added 9-25-2013 by L.L. No. 1-2013]
A notice issued by the Code Enforcement Official pursuant to § 62-15A of this chapter.
The officially adopted Open Space Index adopted by the Town
Board, consisting of a conservation open areas inventory and conservation
open areas map.
[Added 9-25-2013 by L.L. No. 1-2013]
A permit issued pursuant to § 62-10 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.
The person to whom a permit has been issued.
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
An order issued pursuant to § 62-6 of this chapter.
A certificate issued pursuant to § 62-7D of this chapter.
The Town of Philipstown.
The duly elected Town Board of the Town of Philipstown.
The Code of the Town of Philipstown.
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 Code Enforcement Official is hereby
created. The Code Enforcement Official shall administer and enforce
all the provisions of the Uniform Code, the Energy Code and Town Code.
The Code Enforcement Official shall have the following powers and
duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, temporary certificates, operating permits, demolition
permits, tent permits, alarm permits, certificates of occupancy and
certificates of compliance and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue the appropriate
permit or certificate and to include in such permit or certificate
such terms and conditions as the Code Enforcement Official may determine
to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of any appropriate permit or certificate,
firesafety and property maintenance inspections, inspections incidental
to the investigation of complaints, and all other inspections required
or permitted under any provision of the Town Code;
(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 Philipstown;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town of Philipstown attorney,
to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code and the Town Code, or to
abate or correct conditions not in compliance with the Uniform Code,
the Energy Code or the Town Code; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Official by this chapter.
B.
The Code Enforcement Official shall be appointed by
resolution of the Town Board of the Town of Philipstown. The Code
Enforcement Official 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
Official shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Official is
unable to serve as such for any reason, an individual shall be appointed
by resolution of the Town Board of the Town of Philipstown to serve
as acting Code Enforcement Official. The acting Code Enforcement Official
shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the Code Enforcement Official
by this chapter.
D.
One or more inspectors may be appointed by resolution
of the Town Board of the Town of Philipstown to act under the supervision
and direction of the Code Enforcement Official and to assist the Code
Enforcement Official in the exercise of the powers and fulfillment
of the duties conferred upon the Code Enforcement Official 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 State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The office of Fire Marshal is hereby created. The
Fire Marshal shall administer and enforce all provisions of the Uniform
Code, the Energy Code, the Fire Code and Property Maintenance Code
and this chapter. The Fire Marshal shall have the following powers
and duties:
(1)
To arrange, supervise and maintain a fire prevention
inspection procedure in the Town of Philipstown wherein the Fire Marshal
and fire inspectors inspect and report on compliance or noncompliance
with the provisions of the Uniform Code, the Fire Code, the Property
Maintenance Code and this chapter.
(2)
To review and approve construction plans for all commercial
buildings submitted as part of an application for a building permit;
(3)
To issue stop-work orders;
(4)
To review and investigate complaints;
(6)
To maintain records;
(7)
To collect fees as set by the Town Board of the Town
of Philipstown;
(8)
To pursue administrative enforcement actions and proceedings;
(9)
In consultation with the Town of Philipstown attorney,
to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code, the Fire Code, the Property
Maintenance Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, the Fire
Code, the Property Maintenance Code or this chapter; and
(10)
To exercise all other powers and fulfill all other
duties conferred on the Fire Marshal by this chapter.
F.
The Fire Marshal shall be appointed by resolution,
and serve at the pleasure of the Town Board of the Town of Philipstown.
The Fire Marshal shall possess the background and experience related
to building construction and 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 Fire Marshal
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
G.
In the event that the Fire Marshal is unable to serve
as such for any reason, an individual shall be appointed, by resolution
of the Town Board of the Town of Philipstown, to serve as acting Fire
Marshal. The acting Fire Marshal shall serve at the pleasure of the
Town Board, and shall, during the time of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Fire
Marshal by this chapter.
H.
One or more inspectors may be appointed by resolution
of the Town Board of the Town of Philipstown to act under the supervision
and direction of the Fire Marshal and to assist the Fire Marshal in
the exercise of the powers and fulfillment of the duties conferred
upon the Fire Marshal by this chapter. Each inspector shall serve
at the pleasure of the Town Board, 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 each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
I.
The compensation for the Code Enforcement Officer
and Inspectors shall be fixed from time to time by the resolution
of the Town Board.
A.
Building permits required.
(1)
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 and/or the Town 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 Code Enforcement Official.
(2)
No building permit may be issued for any property
with an outstanding violation of any type.
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 as tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 120 square feet;
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(4)
Installation of fences not exceeding six feet in height,
which are not part of an enclosure surrounding a swimming pool;
(5)
Construction of retaining walls less than six feet
in height;
(6)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
Repairs, provided that such repairs do not involve;
(a)
The removal or cutting away of a loadbearing
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.
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, the Energy Code or the Town Code.
D.
Applications for building permits. Applications for
a building permit shall be made, in writing, on a form provided by
or otherwise adopted, replaced or changed by the Town Board. 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 Town Board deems sufficient
to permit a determination by the Code Enforcement Official that the
intended work complies with all applicable requirements of the Uniform
Code, the Energy Code and the Town Code. The application shall include
or be accompanied by the following information and documentation:
(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; and
(5)
At least three sets of construction documents (drawings
and/or specifications) which define the scope of the proposed work;
are prepared 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 where applicable, include a
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.
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 Official in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Official, 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, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
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, Energy Code and Town Code. The Code Enforcement Official shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code and Town Code. If the proposed work is to be conducted on a property listed on the Open Space Index, the Code Enforcement Official shall refer the application to the Natural Resources Review Officer as provided in § 62-19, Referral to Natural Resources Review Officer, and follow the procedures therein prior to issuing a building permit.
[Amended 9-25-2013 by L.L. No. 1-2013]
G.
Building permit information to be displayed. Building
permit information shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
H.
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
Official of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Official 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.
I.
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 24 months after
the date of issuance. 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 Code Enforcement Official.
J.
Revocation or suspension of building permits. If the
Code Enforcement Official 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, the Energy Code or the Town Code, the Code Enforcement
Official shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that all
work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code and the Town Code; and all work
then proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code, the Energy Code and the Town Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Official or by an inspector authorized by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official 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)
Soil conditions;
(3)
Footing forms;
(4)
Foundation forms;
(5)
Footing drains/waterproofing;
(6)
Under floor plumbing;
(7)
Preparation for concrete slab;
(8)
Rough framing;
(9)
Rough plumbing/HVAC;
(10)
Fire-resistant construction;
(11)
Fire-resistant penetrations;
(12)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(13)
Insulation and Energy Code compliance; and
(14)
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 Code Enforcement Official
is authorized to issue stop-work orders pursuant to this section.
The Code Enforcement Official shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Official to be contrary to any applicable provision of the Uniform
Code, Energy Code, or Town 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 Official, 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
be in writing, be dated and signed by the Code Enforcement Official,
state the reason or reasons for issuance, and if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Official 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 Official 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.
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 § 62-15, Enforcement; penalties for offenses, of this chapter or under any other applicable Town Code provision, 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.
Certificate of occupancy or certificate 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 certificate of occupancy or certificate
of compliance. The Code Enforcement Official 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, Energy Code and Town 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, Energy Code and Town Code. The Code Enforcement Official or
an inspector authorized by the Code Enforcement Official 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 Official, at the
expense of the applicant, for the certificate of occupancy or certificate
of compliance shall be provided to the Code Enforcement Official prior
to the issuance of the certificate of occupancy or certificate of
compliance:
C.
Contents of certificates of occupancy or certificates
of compliance. A certificate of occupancy or certificate of compliance
shall contain the following information:
(1)
The building permit number;
(2)
The name, address and Tax Map number of the property;
(3)
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
is issued;
(4)
The use and occupancy classification of the structure;
(5)
The type of construction of the structure;
(6)
The assembly occupant load of the structure, if any;
(7)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(8)
Any special conditions imposed in connection with
the issuance of the building permit; and
(9)
The signature of the Code Enforcement Official and
the date of issuance.
D.
Temporary certificate. The Code Enforcement Official
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 Code Enforcement Official issue a temporary
certificate unless the Code Enforcement Official 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 Code Enforcement Official 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 Code Enforcement Official 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 Code
Enforcement Official determines that a certificate of occupancy or
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 Code Enforcement Official within such period of time as shall
be specified by the Code Enforcement Official, the Code Enforcement
Official shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property within the Town of Philipstown shall promptly
notify the Code Enforcement Official of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Town of Philipstown shall be identified and addressed in accordance with the procedures established by Chapter 66, Buildings, Unsafe, of the Town Code, 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 1225.1;
(b)
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, 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 the Town of Philipstown.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise adopted, replaced or changed by the Town Board. Such
application shall include such information as the Town Board deems
sufficient to permit a determination by the Code Enforcement Official
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Official 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
Official, at the expense of the applicant.
C.
Inspections. The Code Enforcement Official or an inspector
authorized by the Code Enforcement Official 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 Code Enforcement Official may require a separate operating permit for each such activity, or the Code Enforcement Official 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 Code Enforcement Official 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 Code Enforcement Official, payment of the
applicable fee, and approval of such application by the Code Enforcement
Official.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Official 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
Fire Marshal or an inspector designated by the Fire Marshal 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 Fire Marshal or an inspector designated by the Fire Marshal 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 Fire Marshal or Code Enforcement Official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Fire Marshal or Code Enforcement Official of any other information, reasonably believed by the Fire Marshal or Code Enforcement Official 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.
Not withstanding any other provision of this section to the contrary:
(1)
The Fire Marshal 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 Fire Marshal 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 Fire Marshal 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 Fire Marshal 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 Code Enforcement Official 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 Town Code provision, local law 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
Official 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 a notice of violation and the opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 62-15, 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 Code Enforcement Official 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 Code Enforcement Official shall annually submit to the Town Board of the Town of Philipstown, a written report and summary of all business conducted by the Code Enforcement Official and the inspectors, including a report and summary of all transactions and activities described in § 62-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Official shall annually submit
to the Secretary of State, on behalf of the Town of Philipstown, on
a form prescribed by the Secretary of State, a report of the activities
of the Town of Philipstown, relative to administration and enforcement
of the Uniform Code.
C.
The Code Enforcement Official 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
the Town of Philipstown is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of the
activities of the Town of Philipstown in connection with administration
and enforcement of the Uniform Code.
A.
Notices of violation. The Code Enforcement Official
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 Code Enforcement Official shall issue a notice of violation. The
notice of violation shall be in writing; be dated and signed by the
Code Enforcement Official; specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; 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; specify the period of time which the Code Enforcement Official
deems to be reasonably necessary for achieving compliance; direct
that compliance be achieved within the specified period of time; and
state that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
The Code Enforcement Official shall cause the notice of violation,
or a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Code Enforcement Official shall
be permitted, but not required, to cause the notice of violation,
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 certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the notice of violation.
B.
Appearance tickets. The Code Enforcement Official,
the Fire Marshal and each inspector are authorized to issue appearance
tickets for any violation of the Uniform Code.
C.
Civil 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 Code Enforcement Official pursuant to
any provision of this chapter, 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 Town
of Philipstown.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of the Town of Philipstown, 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, notice of violation,
or other notice or order issued by the Code Enforcement Official 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, notice of violation 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 the Town of
Philipstown, 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 the Town of Philipstown.
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 § 62-6, 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 § 62-6, 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.
A fee schedule shall be established by resolution
of the Town Board of the Town of Philipstown. 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 Code
Enforcement Official or Fire Marshal described in or contemplated
by this chapter.[1]
A.
The Town of Philipstown Fire Prevention Bureau is
hereby created.
B.
The Town Board may appoint up to nine active, volunteer
firefighters to the Fire Prevention Bureau. The fire companies, North
Highlands, Garrison, Continental Village and Cold Spring, may each
submit to the Town Board up to four names of active, volunteer firefighters,
who are members in good standing of their respective companies, as
recommendations to serve on the Fire Prevention Bureau. The Town Board
may appoint no more than two persons from each company as members
of the Fire Prevention Bureau. The Fire Marshal shall also be appointed
as a member of the Fire Prevention Bureau.
C.
The members first appointed to the Fire Prevention
Bureau, other than the Fire Marshal, shall hold office as follows:
two for terms of one year; two for terms of two years; two for terms
of three years and two for terms of four years. Members serving the
same term of office shall be from different companies. The members
appointed to office at the end of the terms of those first appointed
shall be for terms of five years and shall be from the same company
as those whose terms are expiring.
D.
The members of the Fire Prevention Bureau shall study
the protection of life and property from the hazards of fire and explosion
in the Town of Philipstown and recommend and advise the Town Board
with regard to possible improvements thereto. The members of the Fire
Prevention Bureau shall recommend and advise the Town Board regarding
possible improvements in the administration and enforcement of the
provisions of this chapter and the Uniform Code.
E.
The Fire Prevention Bureau, when requested, shall
cooperate with the chiefs of the fire companies, operating in the
Town of Philipstown, and the Putnam County Fire Investigation Team
in the investigation of the cause, origin and circumstances surrounding
fires in the Town of Philipstown, especially those of a suspicious
nature or which result in loss of life or injury to persons or by
which property has been destroyed or substantially damaged, and make
recommendations to the Town Board and other agencies of the Town government
with regard to the avoidance or reduction of such losses in the future.
F.
The Fire Prevention Bureau shall be available for
meetings with the Town Code Enforcement Official, the Town Zoning
Board, the Town Planning Board and the Town Highway Department, for
the purpose of reviewing plans and specifications of site locations,
new roads, public and private, new construction and alterations to
existing structures, in order to insure compliance with the provisions
of this chapter and the Uniform Code; and to make constructive recommendations
where necessary and appropriate.
G.
Each year, on or before December 1, the fire companies
may submit to the Town Board a list of up to four persons from their
active company roster who may be considered for any vacancy on the
Fire Prevention Bureau or for any fire inspector, in addition to any
other candidates by the Town Board.
H.
If any vacancies occur during the year among members
of the Fire Prevention Bureau, a replacement for the remainder of
the unexpired term may be appointed by the Town Board. The replacement
shall be a member of the same company as the departing member.
I.
The Fire Prevention Bureau shall cooperate fully with
the Town Code Enforcement Department, the Philipstown Planning Board,
the Philipstown Zoning Board and other agencies of the Town government
in achieving the ultimate safety to life and property from the hazards
of fire and explosion for the Town of Philipstown.
J.
The Fire Prevention Bureau shall conduct regular monthly
meetings and the Fire Marshal shall act as the Chairperson. A Secretary
shall be appointed by the Fire Prevention Bureau from among its members,
at the first meeting each year. The Secretary shall keep records and
the minutes of each meeting. The agenda for each meeting shall be
the responsibility of the Chairperson. The Chairperson may call special
meetings as necessary. A monthly report of the activity of the Bureau
shall be provided to the Town Board. Members of the Town Board shall
be invited to sit in on any meetings of the Fire Prevention Bureau.
The Town Board of the Town of Philipstown may,
by resolution, enter into an agreement 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.
[Added 9-25-2013 by L.L. No. 1-2013]
A.
Upon receipt of an application for a building permit, the Code Enforcement
Official shall ascertain whether the property on which the proposed
work will occur is listed on the Town's Open Space Index (OSI).
B.
In the event that the property is listed on the OSI, the Code Enforcement
Official shall immediately forward copies of the application to the
Conservation Board and the Natural Resources Review Officer.
C.
The Natural Resources Review Officer, after consultation with the
Chair of the Conservation Board, shall review such application and
submit a written report to the Code Enforcement Official within seven
days of receiving the application. In the event that the Natural Resources
Review Officer does not submit his/her report within seven days, the
Code Enforcement Official may issue the building permit without such
report.
D.
The Natural Resources Review Officer's report shall evaluate
the proposed work in terms of the Town's open space planning
objectives, as expressed in the Philipstown Natural Resource and Open
Space Protection Plan, to determine the effect of the proposed work
on the Open Space Index. The report shall make recommendations as
to the most appropriate use or development of the open area and may
include preferable alternative use proposals consistent with open
areas conservation. A copy of such report shall be filed with the
Town Board and shall also be made available to the public in the office
of the Natural Resources Review Officer.
E.
In the event that the issuance of the building permit does not follow
the recommendations in the Natural Resources Review Officer's
report, the Code Enforcement Official shall provide a written statement
of the reasons for not following such recommendations, which shall
be filed with the Town Board and shall also be made available to the
public in the office of the Natural Resources Review Officer.
