[HISTORY: Adopted by the Town Board of the
Town of Chester 10-8-1991 by L.L. No. 6-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 38.
Electrical standards — See Ch. 45.
Flood damage control — See Ch. 52.
Stoves and fireplaces — See Ch. 79.
Subdivision of land — See Ch. 83.
Zoning — See Ch. 98.
[1]
Editor's Note: This local law also superseded
former Ch. 50, Fire Prevention, which consisted of a reference statement
concerning the resolution of 8-2-1977 which accepted the State Fire
Prevention Code. In addition, this local law superseded former Ch.
36, Building Construction, which consisted of a reference statement
concerning the resolution of 5-6-1958 which accepted the State Building
Construction Code.
This chapter shall provide for administration
and enforcement of the New York State Uniform Fire Prevention (9 NYCRR
Part 1150, 1280), Flood Damage Control Regulations (6 NYCRR Part 500)
and Building Code (Uniform Code 9 NYCRR Part 650, 1230, 1240,) in
the Town of Chester. This chapter is adopted pursuant to Section 10
of Article 2 of the Municipal Home Rule Law. Except as otherwise provided
within this chapter, state law or within the Uniform Code, all premises,
regardless of use, are subject to the provisions which follow.
The Town Board may, by resolution, authorize
the Supervisor to enter into a contract with other governments to
carry out the terms of this chapter.
A.
The Office of Building Inspector(s) for the Town is
hereby created and shall be administered by such person(s) as may
be appointed by Town Board. The Building Inspector shall possess background
experience related to building construction or fire prevention and
shall, within the time constraints proscribed by law, obtain such
training as the State of New York shall require for code enforcement
officials.
B.
In the absence of the code enforcement official or
in the case of his inability to act for any reason, the Town Board
shall designate a person to act in behalf of the code enforcement
official and to exercise all the powers conferred upon him by this
chapter.
C.
The Town Board may appoint one inspector or more,
as the need may appear, to act under the supervision and direction
of the Building Inspector as directed by him.
D.
The compensation for the Building Inspector(s) and/or
Acting Building Inspector(s) shall be fixed and adjusted as needed
by the Town Board.
E.
The Building Inspector(s) shall administer and enforce
all the provisions of the Uniform Code and the provisions of this
chapter, including receiving building permit applications, reviewing
plans and specifications, conducting inspections, issuing permits
for the erection, alteration, relocation, addition, repair and/or
demolition of buildings and structures, issuing certificates of occupancy,
collecting fees as set forth by the Town Board and maintaining and
filing all records necessary for the administration of the office
to the satisfaction of the Town Board. The Building Inspector is authorized
to pursue administrative actions on behalf of and in the name of the
people of the Town of Chester and in consultation with the Town Attorney,
and/or legal action as necessary to abate conditions not in compliance
with the New York State Uniform Fire Prevention and Building Code,
this chapter or other laws, rules or regulations of the Town of Chester
or of the State of New York.
A.
Permits required.
(1)
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement,
alteration, improvement, removal, relocation or demolition of any
building, storage shed or other structure or any portion thereof or
install a solid fuel burning heating appliance, a chimney or flue
in any dwelling unit, without first having obtained a permit from
the code enforcement official.
(2)
Mining, grading and filling permit required.
[Added 11-9-1993 by L.L. No. 10-1993[1]]
(a)
No person, firm, corporation, association or partnership shall commence or cause to be commenced any earthmoving activities, including but not limited to excavation, clearing, stripping, filling with uncontaminated fill per 6 NYCRR Part 360.7.1(b)(1)(i), grading or removal of soil, rock and other materials in excess of 100 cubic yards of material per year and that has not been part of a site plan approval by the Planning Board per § 98-30 of the Town Code, without first making an application to and obtaining approval from the Town Building Inspector to do so. Any such removal or excavation of soil shall also comply with the provisions of § 98-12 of the Town Code and the applicable provisions of the New York State Mined Land Law.
(b)
If the grading, mining or filling is not part of an
application that requires site plan approval by the Planning Board
and is the subject of a validly approved building permit, then no
additional permit is required under this section.
(c)
If, in the opinion of the Building Inspector, upon consultation with the Town Engineer, the application may result in significant impacts on the surrounding properties or change to the existing lots, including but not limited to change to or increase in stormwater runoff, soil erosion or a grade change in excess of 10% overall, the Building Inspector shall refer such application to the Town Planning Board for site plan review in accordance with §§ 98-12 and 98-30 of the Town Code and SEQR.
[1]
Editor's Note: This local law also provided
for the renumbering of former Subsection A(2) as Subsection A(3).
(3)
No permit shall be required for:
(a)
Necessary repairs which do not materially affect structural
features.
(b)
Alterations to existing buildings, provided that the
alterations:
[1]
Cost less than $500.
[2]
Do not materially affect structural features.
[3]
Do not affect firesafety features such as smoke
detectors, sprinklers and required fire separations exits.
[4]
Do not involve the installation or extension
of electrical systems.
[5]
Do not include the installation of solid fuel
burning heating appliances and associated chimneys flues.
(c)
Nonresidential farm buildings, including barns, sheds,
poultry houses and other buildings used directly and solely for "agricultural
purposes," which shall be defined for purposes of this chapter as
uses which do not principally support a residential use.
B.
Application for a permit.
(1)
The application for a building permit and its accompanying
documents shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code.
(2)
The form of the permit and application therefor shall
be prescribed by the code enforcement official. The application shall
be signed by the owner, or his authorized agent, of the building and
shall contain at least the following:
(a)
The full name and address of the owner and, if by
a corporation, the name and addresses of the responsible officials.
(b)
Identification and/or description of the land on which
the work is to be done.
(c)
A description of the use or occupancy of the land
and existing or proposed building.
(d)
A description of the proposed work.
(e)
Three sets of plans and specifications for the proposed
work.
(f)
The required fee.
(3)
The Building Inspector may waive the requirement of
plans and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
(4)
Each applicant shall notify the Building Inspector
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work has been determined to conform to the requirements of
the Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein. Amendments, if any, to the
application or to the plans and specifications accompanying the same
shall be filed with the Building Inspector prior to the commencement
of such change of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
(2)
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
(3)
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive one-year periods, provided that:
[Amended 5-2-2000 by L.L. No. 3-2000; 3-11-2008 by L.L. No.
1-2008]
A.
Fees assessed under this chapter shall be accordance
with the duly adopted Town of Chester Fee Schedule as promulgated
by the Town Board and as amended from time to time by resolution of
the Town Board. Copies of said Fee Schedule shall be available in
both the office of the Town Building Inspector and in the office of
the Town Clerk.
B.
Building Permit forms and applications shall clearly
recite the fees required to be paid at the time of the application.
A.
No building erected subject to the New York State
Uniform Fire Prevention and Building Code and flood damage control
regulations shall be used or occupied, except to the extent authorized
hereunder, until a certificate of occupancy has been issued. No building
similarly enlarged, extended or altered or upon which work has been
performed which requires the issuance of a building permit shall be
occupied or used more than 30 days after the completion of the alteration
or work unless a certificate of occupancy has been issued. No change
shall be made in the nature of the occupancy of an existing building
unless a certificate of occupancy authorizing the change has been
issued. The owner or his agent shall make application for a certificate
of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if so specified. A temporary certificate of occupancy may, at the
discretion of the code enforcement official and upon payment of an
additional fee as specified for a temporary certificate of occupancy,
be renewed. The code enforcement official may place special conditions
on temporary certificates of occupancy as necessary to ensure safety
and to protect the interest of the Town.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including but not limited to building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing
and heating and air conditioning. It shall be the responsibility of
the owner or applicant or his agent to inform the Inspector that the
work is ready for inspection and to schedule such inspection.
(2)
If permission to make an inspection is refused or
cannot be obtained, the Town Board, after being notified by the inspector
of the situation, may seek for an order from any court of competent
jurisdiction, directing the making of said inspection.
B.
Fire prevention and safety inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and housing maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc., and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Firesafety inspections of buildings or structures
having areas of public assembly as defined in Part 606 of Title 9
of the Official Compilation of Codes, Rules and Regulations shall
be performed at least once in every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
(5)
Such inspections shall be performed by the Building
Inspector.
A.
Upon determination that a violation of the Uniform
Code or this chapter exists in, on or about any building or premises,
the Building Inspector shall order in writing the remedying of the
condition within a term of not less than 24 hours. Such order shall
state the specific provision of the Uniform Code which the particular
condition violates and shall grant such additional time as may be
reasonably necessary for achieving compliance before proceedings to
compel compliance shall be instituted. Such order shall be served
personally or by notification by registered mail.
B.
In addition to those penalties proscribed by state
law, any person, firm or corporation who violates any provision of
the Uniform Code or any rule or regulation of this chapter or the
terms or conditions of any certificate of occupancy issued by the
Building and Firesafety Inspector, shall be liable to a civil penalty
of not more than $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 the Town
or the people of the State of New York.
C.
In addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of the Uniform Code or the terms or conditions of any valid certificate of occupancy.
The Building Inspector may, upon good faith
belief that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinances,
rules or regulations or not in conformity with the provisions of a
previously issued building permit or in an unsafe, unhealthful and
dangerous manner, notify the owner of the property or the owner's
agent to suspend all work activities until a proper showing can be
made evidencing compliance with the appropriate statute or code work
order has been rescinded. Such order and notice shall be made in writing,
shall state the conditions under which the work may be resumed, shall
be valid after service upon a person to whom it is directed either
by delivering it personally or by posting the same in a conspicuous
location of the building or structure where the work is being performed
and sending a copy of the same by registered mail at the address provided
in the application for the permit to construct.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him with the consent of the Town Board
and notices and orders issued. All such records shall be public records.
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.
B.
The Building Inspector shall submit monthly written
reports to the Town Board summarizing all business conducted by the
Building Department, including approvals, permit and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending or concluded.
