This chapter 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 chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, other state
law, or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
128-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
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 §
128-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall 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.
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 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 set forth in Chapter
96 of the Town Code, 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 chapter, 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 §
128-15, Enforcement; penalties for offenses, of this chapter;
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.
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, certificate 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 chapter.
The Town Board of the Town of Blooming Grove may, by resolution, authorize
the Town Board of this Town to enter into an agreement, in the name of this
Town, with other governments to carry out the terms of this chapter, 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 chapter 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 chapter.