[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-1969 by L.L. No. 2-1969 as Art. I of Ch. 26
of the 1969 Code]
[Amended 9-6-1993 by L.L. No. 4-1993]
A Division of Fire Prevention in the Fire Department
of the Village of Penn Yan is hereby created, which shall be operated
under the Chief of the Fire Department. Acting as an agent for the
Code Enforcement Officer, such Chief is empowered and authorized to
assign such and as many members of the fire force, subject to approval
of the Board of Trustees, to make inspections and perform other fire
prevention work hereinafter provided for as he deems necessary for
the proper performance of the functions and duties of the Division.
A. It shall be the duty of the Division of Fire Prevention
to enforce all laws and ordinances of the state and Village covering
the following:
(2) The storage and use of explosives and flammables.
(3) The installation and maintenance of automatic and
other fire-alarm systems and fire-extinguishing equipment.
(4) The maintenance and regulation of fire escapes.
(5) The means and adequacy of exit in case of fire from
factories, schools, hotels, lodging houses, asylums, hospitals, churches,
halls, theaters and all other places in which numbers of persons work,
live or congregate from time to time for any purpose.
(6) The investigation of causes, origin and circumstances
of fires.
(7) The conducting of fire prevention campaigns and the
preparation and circulation of fire prevention literature.
B. It shall have such other powers and perform such other
duties as are set forth in other sections of this Article and as may
be conferred and imposed upon it from time to time by law.
The Division of Fire Prevention is hereby empowered
and authorized, at any time and all reasonable times and as often
as necessary, to enter upon and into any premises, buildings and structures
within the limits of the Village of Penn Yan, except the interior
of private dwellings, for the purpose of examining and inspecting
the same to ascertain the condition thereof with regard to the presence
and arrangements of deposits of any articles, materials, substances,
goods, wares or merchandise which may have a tendency to create danger
of or from fire in such premises, building or structure or to create
danger in case of fire on or in the same or personal injury to or
loss of life of the occupants of or persons on or in such premises,
building or structure; also with regard to the condition, size, arrangement
and efficiency of any and all appliances for protection against fire
on or in such premises, building or structure; also any violations
of any ordinances of the Village or laws or regulations of the State
of New York affecting or dealing with fire hazard. Any person refusing
to permit such entrance and inspection or who shall interfere with
or hinder the same shall be guilty of a violation of this Article.
Assistants shall report in writing to the Chief the result of their
inspections.
If the Chief of the Fire Department or those
acting under or for him shall find upon such inspection of such premises,
building or structure any rubbish, debris, waste or flammable or combustible
materials and that the same is not arranged or disposed of as to afford
reasonable safeguard against the danger of fire or shall find that
the articles, materials, goods, wares and merchandise on or in such
premises, building or structure are so arranged and disposed that
the occupants thereof or persons rightfully in or on the same would
not, because of such arrangement and disposition, be afforded reasonable
access to the exits of such premises, building or structure in case
of fire or shall find that by reason of such arrangement or disposition
the members of the Fire Department would unnecessarily or unreasonably
be interfered with in the exercise of their duties in and about such
premises, building or structure in the case of fire in the same, the
Chief may order, in writing, the removal of such rubbish, debris,
waste or flammable or combustible materials from such premises, building
or structure or the disposing or arranging of the same on or in such
premises, building or structure in such manner as will remove such
danger from fire. He may also order, in writing, that such articles,
materials, goods, wares or merchandise be so arranged and disposed
on or in such premises, building or structure that the occupants thereof
or the persons rightfully in or on the same will be afforded all reasonable
access to the exits from the same in case of fire, and the members
of the Fire Department will be afforded all reasonable facilities
for the discharge of their duties in and about such premises, building
or structure in the case of fire.
[Added 1-17-1989 by L.L. No. 1-1989; amended 10-16-1989 by L.L. No. 10-1989; 9-6-1993 by L.L. No. 4-1993]
A. In order to better protect the life, safety, property
and welfare of the residents of the Village and in order that the
members of the Fire Department not be unnecessarily placed in danger
or interfered with in the performance of their duties, all new buildings
of nonfireproof construction, as defined in the New York State Uniform
Fire Prevention and Building Code, shall have in all floors facing
legal open spaces, as defined in the New York State Uniform Fire Prevention
and Building Code, the greater of every other window or 50% of its
windows glazed with glass panes. This requirement of the greater of
every other window or 50% of the windows glazed with glass panes may
be diminished at the discretion of the Code Enforcement Officer and
the Fire Chief.
B. All existing buildings within the Village of Penn Yan shall have removed from original window openings all such materials that do not comply with Subsection
A above and have the required glazed panes prior to June 1, 1990. This requirement may be diminished at the discretion of the Code Enforcement Officer and the Fire Chief.
Whenever the Chief of the Division of Fire Prevention
or those acting under or for him shall find any building or other
structure which, for want of repair, lack of or insufficient fire
escapes, automatic or other fire alarm apparatus or fire-extinguishing
equipment or by reason of age or dilapidated condition or from any
other cause is especially liable to fire or is so situated as to endanger
other property or the occupants thereof or whenever any officers shall
find in any building combustible or explosive matter or flammable
conditions dangerous to the safety of such building or occupants thereof,
he or they shall order such dangerous conditions or materials to be
removed or remedied, and such orders shall forthwith be complied with
by the owner or occupant of such premises or building.
Should any owner, lessee or occupant of any
premises, building or structure or the owner or person in control
of any materials, goods, wares or merchandise consider himself aggrieved
by the orders of the Chief of the Fire Department, he may, within
24 hours after such order has been served on him, appeal to the Board
of Trustees of the Village of Penn Yan, which shall thereupon make
such order in the premises as it may deem right and reasonable, and
such order shall be final.
The orders provided for in §§
92-4,
92-6 and
92-7 shall be directed to the owner, lessee or occupant of such premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise herein referred to as the circumstances may require. The service of order or notice required in this Article shall be made by mailing a copy thereof to the last known address of the owner of the premises in question or his duly authorized agent or by mailing or delivering a copy thereof to the owner, occupant or person in charge or by delivering a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises or, if no person is found in charge of the premises, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises. It is hereby made the duty of such owner, lessee or occupant of such premises, building or structure and of such person in control of such articles, materials, goods, wares and merchandise or the owner thereof to comply with such order or orders within the time and in the manner directed.
[Added 1-9-2007 by L.L. No. 2-2007
A. No demolition may be performed without a permit from
the Code Enforcement Officer.
B. No demolition permit will be issued by the Code Enforcement
Officer until the following conditions have been met by the applicant:
(1) A determination of which, if any, municipal utility
services will be reused within a one-year period and the approval
of the Penn Yan Municipal Utilities Board that the services may be
reused shall be required.
(2) If the utility services are not to be reused or the
Penn Yan Municipal Utilities Board determines they may not be reused,
the services must be removed and sealed at the main line.
(3) If the water and sewer services are not to be reused
and are determined by the Penn Yan Municipal Utilities Board to be
reusable, then sewer lines shall be cut and capped at the lot line
and waterlines removed at the curb cock.
(4) All connects and disconnects shall be at the applicant's
expense and performed under the supervision of the Penn Yan Municipal
Utilities Board, which shall be given at least 24 hours' notice.
(5) If the applicant is disconnecting services which will
be reused, a deposit of $500 is required, which will be refundable
when the services are reconnected.
(6) Upon demolition, all debris except masonry materials
shall be disposed of off-site by the applicant, and upon completion
of demolition, the average grade shall be restored if new construction
is not begun at once.
It shall be the duty of the Chief of the Division
to require teachers of public, private and parochial schools and educational
institutions to have one fire drill each month and to keep all doors
and exits unlocked during school hours.
Bowling establishments shall conform to all
other applicable requirements of the Village, as well as the following
provisions:
A. Lane resurfacing operations. Resurfacing operations
shall not be carried on while the establishment is open for business.
The Chief of the Fire Department shall be notified when bowling lanes
are to be resurfaced. Proper ventilation shall be provided. Heating,
ventilating or cooling systems employing recirculating of air shall
not be operated during resurfacing operations or within one hour following
the application of flammable finishes. All electric motors or other
equipment in the area which might be a source of ignition shall be
shut down and all smoking and use of open flames prohibited during
the application of flammable finishes and for one hour thereafter.
Automobile wrecking yards, junkyards and waste
material handling plants shall conform to all other applicable requirements
of the Village as well as the following provisions:
A. Location. No automobile wrecking yard, junkyard or
waste material handling plant shall be located as to seriously expose
adjoining or adjacent properties.
B. Burning operations. The burning of wrecked or discarded
automobiles or any parts thereof or junk or any waste materials shall
be done only in designated open spaces or incinerator enclosures approved
for burning purposes by the Chief of the Fire Department.
C. Construction and protection requirements.
(1) Handling and storage of large quantities of wastepaper,
rags or other combustible materials shall not be in a building of
wood frame or ordinary construction unless the building is sprinklered.
Vertical openings shall be enclosed in an approved manner.
(2) Picking rooms shall be separated from storage rooms
by construction having a fire-resistance rating of not less than one
hour, with each door opening provided with an approved fire door.
Picking rooms shall be provided with exhaust systems of sufficient
capacity to adequately remove dust and lint.
Garages shall conform to all applicable requirements
of the Village, as well as the following provisions. A "garage" is
defined as any building, shed or enclosure used as a place of business
for the purpose of servicing or repairing any motor vehicle therein.
A. Cleaning with flammable liquids. No Class I liquid
shall be used in any garage for washing parts or removing grease or
dirt unless in a special closed machine approved for the purpose or
in a separate well-ventilated room enclosed by walls having a fire-resistance
rating of not less than two hours, with openings therein protected
by approved fire doors or fire windows and with no opening from such
room to any upper or lower story. "Class I liquid" is defined as those
flammable liquids having flash points below 100°F.
B. Handling of gasoline and oils.
(1) The transfer of gasoline in any garage shall not be
made in any open container.
(2) Garage floors shall drain to oil separators or traps
discharging to the sewer. Contents of oil separators or traps of floor
drainage systems shall be collected at sufficiently frequent intervals
and removed from the premises to prevent oil from being carried into
the sewers. Self-closing metal cans shall be used for all oily waste
or waste oils.
Ashes, smoldering coals or embers, greasy or
oily substances and other matter liable to spontaneous ignition shall
not be deposited or allowed to remain within 10 feet of any combustible
materials or construction made up of combustible materials, except
in metal or other noncombustible receptacles. Such receptacles shall
be placed on noncombustible stands, unless resting on a noncombustible
floor or on the ground outside the building, and shall be kept at
least two feet away from any combustible wall or partition.
No person shall permit to remain upon any roof
or in any court, yard, vacant lot or open space any accumulation of
wastepaper, hay, grass, straw, weeds, litter or combustible or flammable
waste or rubbish of any kind.
As used in this Article, the following terms
shall have the meanings indicated:
[Amended 9-6-1993 by L.L. No. 4-1993]
Any person, owner, lessee or occupant of a building,
structure or premises or any person in control of articles, materials,
goods, wares and merchandise hereinbefore referred to or the owner
thereof who shall violate any of the provisions of this Article or
any rule, order or regulation made in pursuance thereof shall, upon
conviction thereof, be subject to a fine of not less than $25 up to
the maximum penalty of $100 or to imprisonment for not fewer than
10 days nor more than 30 days, or to both such fine and imprisonment,
and each day on which such violation continues shall constitute a
separate offense.
[Adopted 12-17-1984 as Section 1 of L.L. No. 4-1984 (Art.
II of Ch. 26 of the 1969 Code); amended in its entirety 5-17-2022 by L.L. No. 5-2022]
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 Village. This article is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy Code other state law, or
other section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
article.
In this article, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this article.
CERTIFICATE OF COMPLIANCE
A document issued by the Village stating that work was done
in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
INSPECTOR
An inspector appointed pursuant to Subsection
D of §
92-23 of this article.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
92-30 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.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
92-37 of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Include 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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A. The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall adminster and enforce all the provisions
of the Uniform Code, the Energy Code, and this article. The Code Enforcement
Officer shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3) To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
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 Subsection
A of §
92-37 (Penalties for offenses; orders to remedy; appearance tickets; injunctive relief) of this article;
(8) To collect fees as set by the Board of Trustees of this Village;
(9) To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village'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; 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 Board of Trustees.
The Code Enforcement Officer shall possess background experience related
to building construction or 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 Department of State 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, another individual shall be appointed by the
Board of Trustees to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D. One or more Deputy Code Enforcement Officers may be appointed by
the Board of Trustees 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 Department
of State pursuant to the Executive Law and the regulations promulgated
thereunder.
E. The compensation for the Code Enforcement Officer and Deputy Code
Enforcement Officers shall be fixed, from time to time, by the Board
of Trustees of this Village.
A. Building permits required. Except as otherwise provided in Subsection
B of this section, a building 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 building permit is required without first having obtained a building permit from the Village.
B. Work exempt from building permits:
(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;
(2) Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) Installation of partitions or movable cases less than five feet nine
inches in height;
(5) Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6) Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7) 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
(8) Repairs, provided that the work does not have an impact on fire and
life safety, such as i) any part of the structural system; ii) the
required means of egress; or iii) the fire-protection system or the
removal from service of any part of the 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 Code or the Energy Code.
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 Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1) A description of the location, nature, extent, and scope of the proposed
work;
(2) The Tax Map number and the street address of any affected building
or structure;
(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 two sets of construction documents (drawings and/or specifications)
which i) describe the location, nature, extent, and scope of the proposed
work; ii) show that the proposed work will conform to the applicable
provisions of the codes; iii) show the location, construction, size,
and character of all portions of the means of egress; iv) show a representation
of the building thermal envelope; v) show structural information,
including, but not limited to, braced wall designs, the size, section,
and relative locations of structural members, design loads, and other
pertinent structural information; vi) show the proposed structural,
electrical, plumbing, mechanical, fire-protection, and other service
systems of the building; vii) include a written statement indicating
compliance with the Energy Code; viii) include a site plan, drawn
to scale and drawn in accordance with an accurate boundary survey,
showing the size and location of new construction and existing structures
and appurtenances on the site, distances from lot lines, the established
street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, and design flood elevations; and ix)
evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including, but not limited to, the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
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, or in the case of electronic media, an electronic marking. 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 Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy 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 Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that 1) all work then-completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and 2) all work then-proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in §
92-38 (Fees) of this article 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.
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. Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1) Work site prior to the issuance of a building permit;
(3) Preparation for concrete slab;
(5) Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6) Fire-resistant construction;
(7) Fire-resistant penetrations;
(8) Solid fuel-burning heating appliances, chimneys, flues, or gas vents;
(9) Inspections required to demonstrate Energy Code compliance, including,
but not limited to, insulation, fenestration, air leakage, system
controls, mechanical equipment size, and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(10)
Installation, connection, and assembly of factory-manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C. Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D. 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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. 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.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
92-38 (Fees) of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
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 building permit is required, and without regard to whether a building
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 building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B. Content of stop-work orders. Stop-work orders shall 1) be in writing,
2) be dated and signed by the Code Enforcement Officer, 3) state the
reason or reasons for issuance, and, 4) if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
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
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail, return receipt
requested. 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
certified mail, return receipt requested; 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 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,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing 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 §
92-38 (Penalties for offenses; orders to remedy; appearance tickets; injunctive relief) of this article or under any other applicable chapter 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.
A. Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building 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 building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B. Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that 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 or 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 or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1) A written statement of structural observations and/or a final report
of special inspections;
(2) Flood hazard certifications;
(3) A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4) Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C. Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name (if any), address and Tax Map number of the property;
(4) If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The occupant load of the assembly areas in the structure, if any;
(8) Any special conditions imposed in connection with the issuance of
the building permit; and
(9) The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D. Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy 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 building
permit. However, in no event shall the Code Enforcement Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 2) that any required fire and life safety components, such
as fire-protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
E. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect 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.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in §
92-38 (Fees) of this article must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.
The Chief of any Fire Department providing firefighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney, or gas vent.
A. In the event that the Code Enforcement Officer determines that any building or structure is uninhabitable or may not be safely occupied, the Code Enforcement Officer, prior to posting the building or structure as such, except as provided in Subsection
F hereof in case of immediate hazard, shall serve the owner(s) and occupant(s) with a notice of that determination.
B. Contents of notice. Said notice shall state:
(1) The name(s) of the owner of record of the property and the names(s),
if known, of the person(s) in occupancy, as appears from available
records.
(2) The address and Tax Map identification number of the premises.
(3) That the premises are uninhabitable and/or may not be safely occupied.
(4) A recitation of the facts creating the condition(s) making the premises
uninhabitable or not safely occupied, together with an itemization
of the Code section(s) which are being violated.
(5) That a hearing may be requested within 10 days after receipt of the
notice upon the issue of whether the building or structure is uninhabitable
and/or may not be safely occupied.
(6) That the request for a hearing must be in writing and contain:
(a)
The name, address and telephone number of the person requesting
the hearing.
(b)
The interest in the property (owner, occupant, agent, etc.)
of the person requesting the hearing.
(c)
The address of the subject property.
(d)
That a hearing is requested on the issue of whether the property
is uninhabitable or may not be safely occupied.
(7) That the hearing request must be served upon the Village Clerk of
the Village of Penn Yan within 10 days of receipt of the notice from
the Code Enforcement Officer.
C. Service of notice. Service of said notice shall be made upon the
owner(s) and any occupant(s) pursuant to the applicable provisions
of Article 3 of the Civil Practice Law and Rules of the State of New
York.
D. Request for hearing. Within 10 days of service upon the owner(s)
and/or person(s) in occupancy of the building or structure of such
notice, the owner(s) and/or occupants or any other person(s) deeming
himself aggrieved by notice of determination that the building or
structure is uninhabitable and/or may not be safely occupied may request
a hearing.
E. Hearing.
(1) Upon receiving a request for a hearing, the Village Clerk shall forthwith
notify the Code Enforcement Officer and the Village Supervisor that
a request for a hearing has been filed. The Village Mayor shall designate
a hearing committee to hear and determine the matter and shall inform
the Code Enforcement Officer of the identity of the members of the
hearing committee so designated. The hearing committee shall consist
of two current members of the Board of Trustees. The Code Enforcement
Officer shall inform the person requesting the hearing of the date
and place of the hearing not less than five days prior to the date
of the hearing.
(2) At such hearing the Code Enforcement Officer shall present such evidence
as is relevant to the issues of whether the building or structure
is uninhabitable or may not be occupied. The hearing applicant may
likewise present relevant evidence with respect to such issues.
(3) The hearing committee shall, upon the presentation of relevant evidence,
determine whether the building or structure is uninhabitable or may
not be safely occupied. The hearing committee shall promptly issue
a report of the contentions of the parties, the findings of fact and
its determination and provide a copy thereof to the person requesting
the hearing and his attorney, if any; the Code Enforcement Officer;
and the Village Clerk.
(4) Any person aggrieved by the decision of the hearing committee may
appeal said decision directly to the Supreme Court of the State of
New York, pursuant to Article 78 of the Civil Practice Law and Rules.
Such a proceeding shall not stay further action pursuant to this article
unless a court of competent jurisdiction so orders.
F. Emergency procedures. Notwithstanding the provision of Subsection
A hereof with respect to prior notice and hearing, whenever the conditions described in Subsection
A of this section constitute such an imminent danger that the building or structure must be posted forthwith or within less than the designated period and if the Code Enforcement Officer so determines, the Code Enforcement Officer shall post the building or structure without prior notice. The term "imminent danger" shall be applied as it is defined in the Uniform Code promulgated by the Department of State of the State of New York. In such event notice shall be given to the owner and occupants, if any, within seven days thereafter, in accordance with the provisions of Subsections
B and
C hereof, with the provision of Subsections
D and
E being applicable with respect to said posting.
A. Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1) Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable maximum allowable quantity
tables found in Chapter 50 of the FCNYS;
(2) Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, Combustible Dust-Producing Operations, facilities
where the operation produces combustible dust;
(b)
Chapter 24, Flammable Finishes, operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter
25, Fruit and Crop Ripening, operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, Fumigation and Insecticidal Fogging, conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(e)
Chapter
31, Tents, temporary Special Event Structures, and Other Membrane Structures, operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter
31 of the FCNYS;
(f)
Chapter 32, High-Piled Combustible Storage, high-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, Tire Rebuilding and Tire Storage, operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire by-products
or operating a tire rebuilding plant;
(h)
Chapter 35, Welding and Other Hot Work, performing public exhibitions
and demonstrations where hot work is conducted, use of hot work, welding,
or cutting equipment, inside or on a structure, except an operating
permit is not required where work is conducted under the authorization
of a building permit or where performed by the occupant of a detached
one- or two-family dwelling;
(i)
Chapter 40, Sugarhouse Alternative Activity Provisions, conducting
an alternative activity at a sugarhouse;
(j)
Chapter
56, Explosives and Fireworks, possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270;
(k)
Section 307, Open Burning, Recreational Fires and Portable Outdoor
Fireplaces, conducting open burning, not including recreational fires
and portable outdoor fireplaces;
(l)
Section 308, Open Flames, removing paint with a torch, or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
(m)
Section 319, Mobile Food Preparation Vehicles, operating a mobile
food preparation vehicle in accordance with the permitting requirements
established by Chapter Number [___ of ___], as now in effect or as
hereafter amended from time to time.
(3) Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4) Buildings containing one or more assembly areas;
(5) Outdoor events where the planned attendance exceeds 1,000 persons;
(6) Facilities that store, handle or use hazardous production materials;
(7) Parking garages as defined in Subsection
A of §
92-33 of this article;
(8) Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village; and
(9) Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees of this Village. 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 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 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. Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection
A(1) through
(7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections of this article, and condition assessments are performed in compliance with §
92-33 (Condition assessments of parking garages) of this article, as applicable.
D. 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. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E. 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 their discretion, issue a single operating permit to apply to all such activities.
F. Duration of operating permits.
(1) Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(a)
Thirty days for tents, special event structures, and other membrane
structures;
(b)
Sixty days for alternative activities at a sugarhouse;
(c)
Two years for the activities, structures, and operations determined
per subdivision A(9) of this section; and
(d)
One year for all other activities, structures, and operations identified in Subsection
A of this section.
(2) 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.
G. 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.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in §
92-38 (Fees) of this article 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.
A. Inspections required. Fire safety 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) At least once every 12 months for buildings which contain an assembly
area;
(2) At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3) At least once every 24 months for multiple dwellings and all nonresidential
occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C. Inspections permitted. In addition to the inspections required by Subsection
A of this section, a fire safety 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 authorized to perform fire safety and property maintenance inspections at any time upon:
(1) The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) 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
(3) 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.
D. 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 or
other authorized entity under Executive Law 156-e and Education Law
§ 807-b.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
92-38 (Fees) of this article must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
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,
or any other chapter 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 §
92-37 (Penalties for offenses; orders to remedy; appearance tickets; injunctive relief) 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. Definitions. For the purposes of this section:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure,
DETERIORATION
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component,
PARKING GARAGE
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
(1)
Buildings in which the only level used for parking or storage
of motor vehicles is on grade;
(2)
An attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and
(3)
A townhouse unit with attached parking exclusively for such
unit.
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations,
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment,
UNSAFE CONDITION
Includes the conditions identified as unsafe in Sections
304.1.1, 305.1.1, and 306.1.1 of the PMCNYS, and
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B. Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection
C of this section, periodic condition assessments as described in Subsection
D of this section, and such additional condition assessments as may be required under Subsection
E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of Subsection
F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C. Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the
chapter enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this article.
D. Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E. Additional condition assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection
C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection
C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.
F. Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village within 60 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3) An evaluation and description of the unsafe conditions;
(4) An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5) An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6) An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7) The responsible professional engineer's recommendation regarding
preventative maintenance;
(8) Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9) The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G. Review condition assessment reports. The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village shall, by order to remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection
F(2) and
(3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village to take any other enforcement action, including, but not limited to, suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H. The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I. This section shall not limit or impair the right or the obligation
of the Village:
(1) To perform such construction inspections as are required by §
92-25 (Construction inspections) of this article;
(2) To perform such periodic fire safety and property maintenance inspections as are required by §
92-31 (Fire safety and property maintenance inspections) of this article; and/or
(3) To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A. The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1) Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2) Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3) Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
(a)
The accompanying Flood Insurance Rate Map (FIRM);
(b)
Flood Boundary and Floodway Map (FBFM); and
(c)
Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection
A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A. The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1) All applications received, reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building 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;
(7) All investigations conducted;
(8) All condition assessment reports received;
(9) All fees charged and collected; and
(10)
All other features and activities specified in or contemplated by §§
92-24 through
92-34, inclusive, of this article.
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.
A. The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village 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 §
92-34 (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 Secretary
of State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C. The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, true and complete copies of the records and related materials
this Village is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A. Orders to remedy.
(1) 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
Code, the Energy Code, or this article. An order to remedy shall be
in writing; shall be dated and signed by the Code Enforcement Officer;
shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article; shall 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; and
shall include a statement substantially similar to the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _____ [specify date], which is thirty (30) days after the date
of this Order to Remedy."
(2) The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, chapter or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, 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 registered
mail or certified mail within five days after the date of the order
to remedy; 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 Code.
C. Penalties. In addition to such other penalties as may be prescribed
by State law:
(1) Any person who violates any provision of this article or any term,
condition, or provision of any building 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 punishable
by a fine of not more than $250 per day of violation, or imprisonment
not exceeding 15 days, or both; and
(2) Any person who violates any provision of the Uniform Code, the Energy
Code or $250 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 this Village.
D. Injunctive relief. An action or proceeding may be instituted in the
name of this Village, 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 building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, 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, order to remedy 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 this Village, 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 Board of Trustees of this Village.
E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 §
92-26 (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 §
92-26 (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.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. 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, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Board of Trustees of this Village may, by resolution, authorize
the Village Supervisor of this Village to enter into an agreement,
in the name of this Village, 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.