This chapter of the Code of the Town of Colonie provides for
the administration and enforcement of the New York State Uniform Fire
Prevention and Building Code (Uniform Code) and the State Energy Conservation
Construction Code (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.
In this chapter:
BUILDING DEPARTMENT MANAGER
The Manager appointed pursuant to §
62-3 of this chapter, his Inspectors, Code Enforcement Officers, or any other employees that are appointed as his designees for the purpose of complying with and/or enforcing the provisions of this chapter.
BUILDING PERMIT
A permit issued pursuant to §
62-14 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
An employee of the Building Department charged with enforcement
of the Uniform Code and the Town of Colonie Zoning Law.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to §
62-5 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.
TOWN
The Town of Colonie.
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 Building Department Manager shall be appointed by the Town
Board. The Building Department Manager shall possess the qualifications
required by the Town of Colonie Civil Service Personnel Officer for
such position. The Manager 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 Department Manager
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
The Building Department Manager may appoint such other employees
as may be authorized, from time to time, by the Town Board to carry
out the code enforcement functions of the Building Department and
the Fire Services Division, including but not limited to Code Enforcement
Officers, Building Inspector trainees and Building Inspector aides,
Fire Inspectors and Fire Investigators. Each employee 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 or fire safety personnel,
including certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
In the event that the Building Department Manager is unable
to serve as such for any reason, an individual shall be appointed
by the Supervisor, with the consent of the Town Board, to serve as
Acting Building Department Manager. The Acting Building Department
Manager shall, during the term of appointment, exercise all powers
and fulfill all duties conferred upon the Building Department Manager
by this chapter.
No officer or employee of the Building Department shall engage
in any activity inconsistent with his duties or with the interests
of the Building Department nor shall be, during the term of his employment,
be engaged, directly or indirectly, in the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a
building or in the preparation of plans or specifications thereof
within the Town of Colonie, except only that this provision shall
not prohibit any employee from such activities in connection with
the construction of a building or structure owned by him.
No official or employee of the Building Department or Fire Services Division shall, while acting pursuant to the provisions of this chapter or Chapter
20, 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 his official duties, provided that such acts are performed in good faith and without gross negligence.
The Supervisor, with the consent of the Town Board, in lieu
of the establishment of a Building Department operating solely for
and on behalf of the Town of Colonie, may, for the purpose of administering
and enforcing all laws, ordinances and regulations covering the construction,
alteration, repair or demolition of buildings and structures:
A. Contract with another municipality under such terms and conditions
as may be provided in such contract for such administration and endorsement
of this chapter, provided such agreement does not violate any provisions
of the Uniform Code or the Energy Code, to be handled by the Building
Department or other appropriate official of such other municipality;
or
B. Establish a Building Department jointly with one or more other cities,
villages or towns for the administration and enforcement of such laws,
ordinances or regulations, and such Building Department shall operate
to administer and enforce such building laws, regulations and ordinances
in the several cities, towns or villages covered by such joint agreement.
Provision shall be made, by agreement, for the appropriation, custody,
audit, approval and payment of funds sufficient to defray the expense
of operation of such joint Building Department, including salaries,
and for the proportionate cost of the expense of operation to be borne
by each municipality. The manner of employment of personnel and custody
and payment of money shall be provided by agreement.
The Building Department Manager or his designee, shall have
the following powers and duties:
A. To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and the plans, specifications and construction documents
submitted with such applications;
B. Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
to include in building permits, certificates of occupancy/certificates
of compliance, temporary certificates such terms and conditions as
the Building Department Manager may determine to be appropriate;
C. To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
D. To issue stop-work orders;
E. To review and investigate complaints;
F. To issue orders to remedy and appearance tickets pursuant to §
62-26 of this chapter;
H. To collect fees as set by the Town Board of this Town;
I. To pursue administrative enforcement actions and proceedings;
J. In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter and Chapter
20, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter;
K. Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, to require the performance of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies;
L. To exercise all other powers and fulfill all other duties conferred
upon the Building Department Manager by this chapter; and
M. The Building Department Manager 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 or this chapter
or any other 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 Building Department Manager may deem to be appropriate:
(1) Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2) 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 §
62-26, Violations, of this chapter;
(3) If appropriate, issuing a stop-work order; or
(4) 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.
The Building Department Manager may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police and Health Departments and of the several
Fire Departments located within the Town of Colonie and of all other
municipal officials exercising any jurisdiction over the construction,
use or occupancy of buildings or the installation of equipment therein.