Town of DeWitt, NY Article I Administration of Uniform Fire Prevention and Building Code

[Adopted 12-11-2006 by L.L. No. 6-2006[1]]

[1] Editor's Note: This local law also superseded former Art. I, Acceptance of State Standards, adopted as Ch. 4 of the 1969 Code, as amended, and Art. II, Administration of Uniform Fire Prevention and Building Code, adopted as Ch. 5 of the 1969 Code, as amended.

§ 94-1 Purpose.

This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, Code of the Town of DeWitt or other section of this article, all buildings, structures, and/or premises, regardless of use or occupancy, are subject to the provisions of this article.

§ 94-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUILDING

Any structure having a roof supported by columns or walls, for the shelter, housing or enclosure of persons, animals or chattels, including but not limited to merchandise or commercial equipment, open or closed porches, garages and carports.

CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE

A certificate issued pursuant to § 94-7B of this article.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer appointed pursuant to § 94-3B of this article.

CODE ENFORCEMENT PERSONNEL

The Code Enforcement Officer and all inspectors.

COMPLIANCE ORDER

An order issued by the Code Enforcement Officer pursuant to § 94-15B of this article.

DEVELOPMENT PERMIT

A permit issued pursuant to § 94-4 of this article. The term "development permit" shall also include a development permit which is renewed, amended or extended pursuant to any provision of this article.

EQUIPMENT

All machinery, apparatus and equipment, including but not limited to fire detection and suppression systems; heating, ventilation and air conditioning systems; plumbing systems; electrical systems; conveying systems and elevators and escalators.

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 § 94-3D of this article.

OPERATING PERMIT

A permit issued pursuant to § 94-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.

PERMIT HOLDER

The person to whom a development 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.

PREMISES

A piece of land with or without buildings or structures on it.

STOP-WORK ORDER

An order issued pursuant to § 94-6 of this article.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include but are not limited to decks, buildings, walls, fences, communication towers, swimming pools, billboards and poster panels.

TEMPORARY CERTIFICATE

A certificate issued pursuant to § 94-7D of this article.

TOWN

The Town of DeWitt.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

§ 94-3 Code Enforcement Officer; inspectors.

A. The Division of Code Enforcement Officer in the Department of Development and Operations is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, Town of DeWitt Code and this article. The Code Enforcement Officer shall have the following powers and duties:

(1) To receive, review, and approve and/or disapprove applications for development permits, certificates of occupancy/certificates of compliance, temporary certificates of occupancy and operating permits, and the plans, specifications and/or construction documents submitted with such applications;

(2) Upon approval of such applications, to issue development permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and to include in development permits, certificates of occupancy/certificates of compliance, temporary certificates and/or operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) To conduct or cause to conduct construction inspections, investigations and/or inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates and/or operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;

(4) To issue stop-work orders;

(5) To review and investigate complaints;

(6) To issue orders pursuant to § 94-15B, Notice of violation, of this article;

(7) To maintain records;

(8) To collect fees as set by the Town Board of the Town of DeWitt;

(9) To pursue administrative enforcement actions and proceedings;

(10) In consultation with the Town of DeWitt's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this article, which may include the issuance of an appearance ticket; and

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

B. The Code Enforcement Officer shall be appointed by the DeWitt Town Board. The Code Enforcement Officer shall possess background 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 Code Enforcement Officer 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 Officer is unable to serve as such for any reason, an individual shall be appointed by the DeWitt Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment serve at the discretion of the Town Board, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.

D. One or more inspectors may be appointed by the DeWitt Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article. 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 compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board of the Town of DeWitt.

§ 94-4 Development permits.

A. Development permits required. Except as otherwise provided in Subsection B of this section, a development permit shall be required for any work which must conform to the Uniform Code and/or the Energy 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 development permit is required without first having obtained a development permit from the Department of Development and Operations.

B. Exemptions. No development permit shall be required for work in any of the following categories:

(1) Installation of children's playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(2) 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;

(3) Construction of retaining walls less than three feet in height, unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(4) Construction of temporary motion-picture, television and theater stage sets and scenery;

(5) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(6) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;

(7) 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 does not affect 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.

(8) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(9) Installation of partitions or movable cases less than five feet nine inches in height; or

(10) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.

C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a development 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 or the Energy Code.

D. Applications for development permits. Applications for a development permit shall be made in writing on a form provided by or otherwise acceptable to the Department of Development and Operations. The application shall be signed by the owner of the property where the work is to be performed or by 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 Code and the Energy 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 one set 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 Code and the Energy Code; and

(e) Where applicable, include a site plan and/or an updated survey within 10 years of the development permit submittal 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 development 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 development permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. At least one set of the accepted construction documents shall be retained by the Code Enforcement Officer. Work shall not be commenced until and unless a development permit is issued.

F. Issuance of development permits. An application for a development permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a development permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. Conditions may be placed on the development permit as per the Code Enforcement Officer's discretion and/or required by the Uniform Code, Energy Code and the Town of DeWitt.

G. Development permits to be displayed. Development permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

H. Work to be performed 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 development permit and the development 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 development permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended development permit, such change shall not be made until and unless a new or amended development permit reflecting such change is issued.

I. Time limits. Development permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Authorized work must be completed within one year of the date of issuance. If the authorized work is not commenced or completed within the time frames of this subsection, the development permit may be renewed only upon submission of a full development permit application by the permit holder with justification for the delay as well as steps that will be taken to remedy the delay. If a development permit is renewed, in no event shall the period of time being granted be longer than six months. Only one renewal may be granted for each project without proper justification.

J. Revocation or suspension of development permits. If the Code Enforcement Officer determines that a development permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a development permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the development permit or suspend the development 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 and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

§ 94-5 Construction inspections.

A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.

B. Phases of work to be inspected. The following phases of the construction process shall be inspected, where applicable:

(1) Work site prior to the issuance of a development permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Building systems, including underground and rough-in;

(6) Fire-resistant construction;

(7) Fire-resistant penetrations;

(8) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and/or

(10) A final inspection after all work authorized by the development 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.

D. Testing. The Code Enforcement Officer may have components, assemblies, materials, soil conditions, workmanship, equipment, appliances and other methods of construction tested and certified as to meet the requirements of structural tests and special inspections of the Uniform Code.

§ 94-6 Stop-work orders.

A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:

(1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a development permit is required, and without regard to whether a development 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 Officer, without regard to whether such work is or is not work for which a development permit is required, and without regard to whether a development permit has or has not been issued for such work; or

(3) Any work for which a development permit is required which is being performed without the required development permit, or under a development 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 Officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume and identify the property owner or the person in charge of the property.

C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner and/or tenant of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by United States Postal Service. The Code Enforcement Officer 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 United States Postal Service; 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 and/or 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 § 94-15, Enforcement; penalties for offenses, of this article or under any other applicable 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.

§ 94-7 Certificates of occupancy/certificates of compliance.

A. Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a development 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 development permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.

B. Issuance of certificates of occupancy/certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the development permit was completed in accordance with all applicable provisions of the Uniform Code and Energy 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 and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/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 Officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy/certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections.

C. Contents of a certificate of occupancy/certificate of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:

(1) The development permit number, if any;

(2) The date of issuance of the development permit, if any;

(3) The name, address and Tax Map number of the property;

(4) If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;

(5) The use and occupancy classification of the structure;

(6) The type of construction of the structure;

(7) The assembly occupant load of the structure, if any;

(8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) Any special conditions imposed in connection with the issuance of the development permit; and

(10) The signature of the Code Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.

D. Temporary certificate of occupancy/compliance. The Code Enforcement Officer may 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 development permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer 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 Officer 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 may be effective for a period of time, up to six months, at the discretion of the Code Enforcement Officer 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, structure or use into full compliance with all applicable provisions of the Uniform Code, Energy Code and Town of DeWitt Code or any other applicable code.

E. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/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 Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

§ 94-8 Notification regarding fire or explosion.

Fire departments and/or emergency medical services providing services for a property within the Town of DeWitt shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 94-9 Unsafe buildings and structures.

A. All buildings or structures within the Town of DeWitt and outside the Village of East Syracuse which are structurally unsafe, unsanitary, not provided with adequate egress, which constitute a fire hazard or are otherwise dangerous to human life, which, in relation to existing use, constitute a fire hazard or are otherwise dangerous to human life, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this section, unsafe buildings. All unsafe buildings or structures are hereby declared to be illegal and shall be abated by repair, rehabilitation or by demolition in accordance with the procedure of this section.

B. The Code Enforcement Officer shall make or cause to make an inspection and report of any such unsafe building or structure and to file such report with the Town Clerk.

C. If the aforesaid inspection and report indicates that said building or structure is in violation of Subsection A herein and should be repaired, rehabilitated or demolished, then the Code Enforcement Officer shall prepare a notice to be served on the owner or someone of the owner's executors, legal representatives, agents, lessees, or any other person having a vested or contingent interest in the same, either personally or by the United States Postal Service, addressed to the last known address, if any, of the contingent interest in the same, as shown by the records of the Town Assessor or County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed and, if such service is made by the United States Postal Service, a copy of such notice shall be posted on the premises.

D. The aforesaid notice shall provide a reasonable time within which the person served with such notice may commence the securing, repair or removal of said building or structure.

E. The aforesaid notice shall also include the notice for a hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish served upon the owner and such persons having an interest in the property, building or structure as is herein prescribed.

F. The aforesaid notice shall also provide notice for the removal of such building or structure by the Town of DeWitt in the event that such owner fails or refuses to repair or remove the same within the time prescribed.

G. Upon completion of service of such notice in accordance with Subsection C herein, the Town Attorney shall secure the filing of a copy of such notice in the office of the county clerk in the county within such building or structure is located, which notice shall be filed by such clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Service Law and Rules and shall have the same effect as therein provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date filing; provided, however, that it may be vacated upon an order of a judge or justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.

H. The Town Assessor shall provide for the assessment of all costs and expenses incurred by the Town of DeWitt in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the premises at which said building or structure is located.

§ 94-10 Operating permits.

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 Table 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 amended;

(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 pyrotechnics in any exterior ground an/or aerial displays;

(d) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;

(e) Buildings and/or premises whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Code Enforcement Officer; and/or

(f) Transient shows or sales, festivals, public and private gatherings.

(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.

B. Applications for operating permits. An application for an operating permit shall be in writing on a form provided by 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 Code. 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 Code, such operating permit shall be revoked or suspended.

§ 94-11 Firesafety and property maintenance inspections.

A. Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer 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 all multiple dwellings not included in Subsection A(1), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) shall be performed at least once every 36 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 Code Enforcement Officer or an inspector designated by the Code Enforcement Officer 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 Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer 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 article 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. Notwithstanding any other provision of this section to the contrary:

(1) The Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer 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.

§ 94-12 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article, any other local law, Town of DeWitt ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include the steps specified in the Department of Development and Operations Complaint Policy:

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 § 94-15, Enforcement; penalties for offenses, of this article;

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.

§ 94-13 Recordkeeping.

A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement personnel, including but not limited to records of:

(1) All applications received, reviewed and approved or denied;

(2) All plans, specifications and construction documents approved;

(3) All development 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;

(8) All other features and activities specified in or contemplated by §§ 94-4 through 94-12, inclusive, of this article; and

(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.

§ 94-14 Program review and reporting.

A. The Code Enforcement Officer shall annually submit to the Town Board of the Town of DeWitt a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 94-13, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.

B. The Code Enforcement Officer shall annually submit to the Town Board of the Town of DeWitt a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 94-13, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.

C. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town of DeWitt, on a form prescribed by the Secretary of State, a report of the activities of the Town of DeWitt relative to administration and enforcement of the Uniform Code.

D. The Code Enforcement Officer 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 DeWitt is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town of DeWitt in connection with administration and enforcement of the Uniform Code.

§ 94-15 Enforcement; penalties for offenses.

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy, or maintain any building or structure or portion thereof in violation of any provision of this article or to fail in any manner to comply with a notice of violation, directive or order of the Code Enforcement Officer or to construct, alter, use and occupy any building or structure or part thereof in a manner not permitted by an approved development permit, certificate of occupancy or certificate of compliance.

B. Notice of violation. 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, equipment or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the Code Enforcement Officer may issue a notice of violation. The notice of violation shall be in writing; be dated and signed by the Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; specify the provision or provisions of the Uniform Code, the Energy Code, or this article 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 may cause the notice of violation, or a copy thereof, to be served on the owner of the affected property personally or by United States Postal Service. The Code Enforcement Officer shall be permitted, but not required, to cause the notice of violation, or a copy thereof, to be served on any owner, 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 United States Postal Service; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.

C. Court appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue court appearance tickets for any violation of the Uniform Code.

D. 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 article, or any term or condition of any development permit, 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 article, shall be liable to a civil penalty of not more than $500 or 10 days in jail or both for each offense. Each day's violation shall be considered a new and separate offense subject to a separate penalty. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of DeWitt.

E. Injunctive relief. An action or proceeding may be instituted in the name of the Town of DeWitt, 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 article, or any term or condition of any development 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 Officer pursuant to any provision of this article. 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 article, or any stop-work order, notice of violation or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of the Town of DeWitt, 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 Department of Development and Operations of the Town of DeWitt.

F. 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 § 94-6, Stop-work orders, of this article, in any other section of this article, 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 § 94-6, Stop-work orders, of this article, in any other section of this article, 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.

§ 94-16 Fees.

A fee schedule shall be established by resolution of the Town Board of the Town of DeWitt. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in Chapter 15 of the Code of the Town of DeWitt shall be charged and collected for the submission of applications, the issuance of development permits, amended development permits, renewed development 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 article.

§ 94-17 Intermunicipal agreements.

The Town Board of the Town of DeWitt may, by resolution, authorize the Town Supervisor of the Town of DeWitt to enter into an agreement, in the name of the Town of DeWitt, with other governments to carry out the terms of this article, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.