This local law 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 local law 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 local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local
law.
As used in this local law, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
74-4 of this local law. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this local law.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to Subdivision A of §
74-15 of this local 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 Subdivision D of §
74-3 of this local law.
OPERATING PERMIT
A permit issued pursuant to §
74-10 of this local law. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this local law.
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.
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 chief of any fire department providing fire-fighting services for
a property within this Town shall promptly notify, in writing, 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 this Town shall be identified and
addressed in accordance with the procedures established by Local Law Number
4 of 2006, as now in effect or as hereafter amended from time to time.
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 local law, or any other
local law, 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 such of the following steps as the Code Enforcement Officer
may deem to be appropriate:
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 §
74-15, Violations, of this local law;
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 this Town. 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 issuance of building permits, amended building permits, renewed building
permits, certificates of occupancy/certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections, and other
actions of the code Enforcement Officer described in or contemplated by this
local law.
The Town Board of this Town may, by resolution, authorize the Supervisor
of this Town to enter into an agreement, in the name of this Town, with other
governments to carry out the terms of this local law, 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.
If any section of this local law shall be held unconstitutional, invalid,
or ineffective, in whole or in part, such determination shall not be deemed
to affect, impair, or invalidate the remainder of this local law.
This local law shall take effect immediately upon filing in the office
of the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.