As used in this chapter, the following terms shall have the
meanings indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering fifty
or more persons for uses including, but not limited to, amusement,
athletic, entertainment, social, or other recreational functions;
patriotic, political, civic, educational, or religious functions;
food or drink consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
building permit shall also include a building permit which is renewed,
amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225, and as hereinafter amended from
time to time.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
23-32A 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.
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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226, and as hereinafter
amended from time to time.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220, and as hereinafter
amended from time to time.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law, as currently in effect and as
hereafter amended from time to time.
The Building Inspector may appoint such other employees as may
be authorized from time to time by the Town Board to carry out the
functions of the Building Department.
In the absence of the Building Inspector or in the case of his
inability to act for any reason, the Supervisor shall have the power,
with the consent of the Town Board, to designate a person to act in
his behalf and to exercise all of the powers conferred upon him by
this chapter.
No officer or employee of the Building Department shall engage
in any activity inconsistent with duties of the position or with the
interests of the Building Department; nor shall be, during the term
of employment, be engaged directly or indirectly in any building business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the said territory, excepting only
that this provision shall not prohibit any officer or employee from
such activities in connection with the construction of a building
or structure owned by the officer or employee.
No official or employee of the Building Department shall, while
acting pursuant to the provisions of this chapter, be personally liable
for any damage that may accrue to persons or property as the result
of any act required or permitted in the discharge of the official
duties of the position, provided that such acts are performed in good
faith and without gross negligence.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his or her duties, the assistance
and cooperation of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
The Building Inspector may revoke or suspend a building permit
previously issued in the following instances:
A. Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B. Where he finds that the building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or the work for
which the building permit was issued violates the Uniform Code, Energy
Code, or the Town Code and should not have been issued in accordance
with the applicable law.
C. Where he finds that the work performed under the building permit
is not being completed in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
E. A building permit shall be suspended until such time as the permit
holder demonstrates that all work is in compliance with applicable
law and all work to be performed will be in compliance with applicable
law.
F. Where violations are observed on the same parcel that is the subject
of the building permit and such conditions remain uncorrected after
30 days, regardless of whether such violations are related to the
purposes for which the building permit was issued.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being performed in violation
of the provisions of the applicable building laws, ordinances or regulations,
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued,
or in an unsafe and dangerous manner, the Building Inspector shall
notify the owner of the property, or the owner's agent, or the
person performing the work, to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
Any employee of the Building Department, upon the showing of
proper credentials and in the discharge of the employee's duties,
may enter upon any building, structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
Pursuant to New York State General Municipal Law, Article 5-G,
the Town Board may, by resolution, authorize the Town Supervisor to
enter into an agreement in the name of the 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.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies may be brought independently
and shall be in addition to the penalties prescribed in the preceding
section.
The chief of any fire department providing fire-fighting services
for a property located within the Town shall promptly notify the Building
Inspector/Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel burning appliance, chimney or gas vent.