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, the Energy 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.
In this chapter, 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 chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, 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 §
101-3 of this chapter.
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 §
101-10 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.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
101-17 of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
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.
The Chief of any Fire Department providing firefighting 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 buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with and established by Chapter
108, Vacant Buildings, or the following procedures:
A. Enforcement. Whenever the Building Inspector shall find a building or structure or portion thereof to be in violation of this chapter or to be dangerous or unsafe, he/she shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to meet all requirements of this chapter, complete specified repairs or improvements, or to demolish and remove the equipment, building, structure or portion thereof. When the Code Enforcement Officer determines that there is need for emergency enforcement of an unsafe structure, Subsection
A(2), below, shall be met.
(1) Failure of the owner or any subsequent owners to maintain the building
and premises as required herein will be grounds for the Town:
(a)
To remediate the defect and bill the cost of same to the owner
as provided in § 101-9A(4)(b); and
(b)
The owner will be subject to fees and penalties as provided
herein.
(2) If the owner or occupant, after such notice, shall neglect or refuse
to comply with such order, the Commissioner of Public Works is hereby
authorized to employ labor and furnish materials and equipment to
demolish said building or to make such modification as to make it
safe. The value of said work and materials shall be paid by the Town,
and the cost thereof shall be a lien against the property concerned
and shall be collected by the Town, like other taxes and assessments.
(3) Emergency enforcement and costs.
(a)
If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, as defined in Chapter
101 of the Code for the Town of Glenville, such notice, as described in Subsection
A, above, shall require the equipment, building, structure or portion thereof to not be used or reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector shall cause to be posted at each entrance of such building a notice which includes the statement that THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR, TOWN OF GLENVILLE. Such notice shall remain posted until the required repairs or demolition are completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same.
(b)
In case the owner, agent or person in control cannot be found
within, or if such owner, agent or person in control shall refuse,
neglect or fail to comply with emergency measures to rehabilitate
or to demolish and remove such buildings or structure or portion thereof,
the Enforcement Official shall undertake an appropriate action in
the courts to compel compliance.
(4) In case of emergency which, in the opinion of the Building Inspector, involves imminent danger to human life or health of any person unless the unsafe property, as defined in Chapter
101, is immediately repaired, removed or secured, the Building Inspector shall report such facts to the Commissioner of Public Works or his designee, and the Commissioner of Public Works or his designee shall cause the immediate repair, removal or securing of such unsafe property.
(a)
In such an event, the notification procedures and limitations set forth in this chapter need not be complied with. The Commissioner of Public Works or his designee shall cause said condition to be remedied, and the cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $200, shall be assessed against the property by the Town Board, which shall constitute a lien and charge on such land and may be assessed upon said land in the manner provided in § 64, Subdivision 5a, of the Town Law; provided, however, that the owner and all other persons having an interest in the property are provided with notice, served as provided for in §
101-17, and an opportunity to be heard before the assessment of any lien against the land.
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 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 §
101-17 (Remedies, appearance tickets; penalties for offenses; injunctive relief) 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, 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 chapter.
The Town Board may, by resolution, authorize the Town Supervisor
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.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.