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