[Amended 11-3-2010 by L.L. No. 2-2010; 1-20-2021 by L.L. No. 1-2021]
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code as provided for in and by NYS Executive Law Article
18 and the regulations and codes promulgated thereunder set forth
in 19 NYCRR Parts 1201 through 1205, as those regulations and codes
may from time to time be amended.
In this chapter, the following terms shall have
the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
91-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer(s) appointed pursuant to §
91-3B of this chapter. More than one person may be appointed a code enforcement officer. Reference to "the Code Enforcement Officer" shall include any code enforcement officer appointed by the Village Board of the Village of Round Lake.
OPERATING PERMIT
A permit issued pursuant to §
91-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
STRUCTURE
That which is built or constructed.
[Amended 11-3-2010 by L.L. No. 2-2010; 1-20-2021 by L.L. No. 1-2021]
A. All construction, installation or replacement of a
building or structure requires the issuance of either a building permit
or a certificate that no building permit is required, and no work
shall commence without such a permit or certificate. Such construction,
installation or replacement of a building or structure includes, but
is not limited to, a solid-fuel-burning heating appliance (e.g., a
wood stove), chimney or flue within a dwelling unit, a shed, an outbuilding,
a fence, pavement, a patio, or a deck. The Code Enforcement Officer
shall discuss each construction, installation or replacement of a
building or structure with the individual proposing to undertake the
work without the need for any written submission or application. At
the conclusion of the discussion, the Code Enforcement Officer shall
either issue a certificate that no building permit is required (without
fee) or instruct the applicant to apply for a building permit before
proceeding.
B. Upon confirmation by the Code Enforcement Officer
that construction, installation or replacement of a building or structure
as set forth in the subsections below does not require a building
permit and is not in violation of the Village Code or Uniform Code,
he or she shall issue a certificate that no building permit is required
without fee. The Code Enforcement Officer may include conditions in
the certificate if necessary to ensure compliance with the Village
Code or Uniform Code.
(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 144 square feet (13.38 square meters);
(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 which are not part of an enclosure
surrounding a swimming pool and which are within setback limitations
and, if otherwise within setback limitations, are located two feet
or more from the property line;
(5) Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(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 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. 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 Codes.
D. Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. 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 Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Codes. The application shall include or be accompanied
by the following information and documentation as deemed necessary
by the Code Enforcement Officer:
(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 Codes; and
(5) At least two sets of construction documents (drawings
and/or specifications) which:
(a) Define the scope of the proposed work;
(b) Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education
Law;
(c) Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d) Substantiate that the proposed work will comply with
the Uniform Codes; and
(e) 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 Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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.
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
Codes. The Code Enforcement Officer shall issue a building permit
if the proposed work is in compliance with the applicable requirements
of the Uniform Codes and otherwise in compliance with the Village
Code.
G. Building permits to be displayed. Building permits
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
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer 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 12 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 Officer.
J. Revocation or suspension of building permits. If the
Code Enforcement Officer 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 Codes, the Code Enforcement Officer 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 Codes and all work then
proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Codes.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in §
91-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
The chief of any fire department providing fire-fighting
services for a property within the Village of Round Lake 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 the Village of Round Lake shall be identified and addressed in accordance with the procedures established in Chapter
97.
[Amended 11-3-2010 by L.L. No. 2-2010; 12-2-2015 by L.L. No. 2-2015]
A. Operating permits required.
(1) Operating permits shall be required for conducting the activities
or using the categories of buildings or outdoor premises 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, as the same
may from time to time be amended;
(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)
Nongovernmental buildings containing one or more areas of public
assembly with an occupant load of 25 persons or more or nongovernmental
outdoor premises containing one or more areas of commercial public
assembly with an occupant load of 50 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 Village Board of the Village of Round Lake.
(2) Any person who proposes to undertake any activity or to operate any type of building or outdoor premises listed in this Subsection
A shall be required to obtain an operating permit prior to commencing such activity or operation. Such activities, buildings or premises occupied and/or operated at the time of enactment of this section shall be exempt from this section for a period of three months from its effective date.
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 Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Codes. If
the Code Enforcement Officer 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 Officer, at the expense of the
applicant.
C. Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer 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 Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer 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 Officer 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 Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F. Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Codes or the Code of the Village of Round Lake, such operating
permit shall be revoked or suspended.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
91-16, Fees, of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
[Amended 11-3-2010 by L.L. No. 2-2010]
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 Codes, this chapter,
or any other local law, ordinance, regulation adopted for administration
and enforcement of the Uniform Codes. The process for responding to
a complaint shall include such of the following steps as the Code
Enforcement Officer may deem to be appropriate; however, nothing herein
shall be construed to prevent the Code Enforcement Officer from exercising
his authority and discretion in deciding whether or not to prosecute
or enforce an alleged or actual code violation.
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 §
91-15, 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.
[Amended 11-3-2010 by L.L. No. 2-2010]
A. Compliance orders. The Code Enforcement Officer 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 Codes or this chapter. Upon finding that
any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Code Enforcement Officer; specify the condition
or activity that violates the Uniform Codes or this chapter; specify
the provision or provisions of the Uniform Codes or this chapter which
is/are violated by the specified condition or activity; specify the
period of time which the Code Enforcement Officer 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 Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by certified mail
or by any means authorized by Civil Practice Law and Rules §§ 307
through 312-a and 315, except that any required filings shall be made
with the Round Lake Village Clerk. The Code Enforcement Officer 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 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. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Codes.
C. Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Codes or this chapter, or any term or condition of any building permit,
a condition of variance, certificate of occupancy, certificate of
compliance, temporary certificate, stop-work order, operating permit
or other notice or order issued by the Code Enforcement Officer 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 Village
of Round Lake.
[Amended 3-16-2011 by L.L. No. 1-2011]
D. Injunctive relief. An action or proceeding may be
instituted in the name of the Village of Round Lake, in a court of
competent jurisdiction, to prevent, restrain, enjoin, correct, or
abate any violation of, or to enforce, any provision of the Uniform
Codes, this chapter, or any term or condition of any building permit,
certificate of occupancy, a certificate of compliance, temporary certificate,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Code Enforcement Officer 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 Codes, this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Codes or this chapter, an action or proceeding may be commenced in
the name of the Village of Round Lake, 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 subdivision shall be commenced without the appropriate
authorization from the Village Mayor, Deputy Village Mayor, or Village
Board of the Village of Round Lake.
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 §
91-6, 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 §
91-6, 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. All other language in this chapter notwithstanding, if the compliance order described in §
91-15A, or injunctive relief granted pursuant to §
91-15D, is not complied with by the owner within the time provided, or any extension of time granted by the Code Enforcement Officer, the Village may without further notice ameliorate the violation or violations described in the compliance order or injunction, either with its own labor force or by hiring a third party, and the landowner shall be liable for the cost thereof and shall pay that cost to the Village within 30 days of the Village notifying said landowner by regular U.S. Mail at the landowner's last known address. If said cost is not reimbursed to the Village within 30 days of the mailing of such notice (no proof of receipt being necessary), the same shall be levied, collected and enforced by in the same mariner and having the same lien upon the property assessed as the general Village tax and as a part thereof
A fee schedule shall be established by resolution
of the Village Board of the Village of Round Lake. 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 Officer described in or contemplated by this chapter.
The Village Board of the Village of Round Lake
may, by resolution, authorize the Village Mayor of the Village of
Round Lake to enter into an agreement, in the name of the Village
of Round Lake, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Codes and any other applicable law.