This article shall provide the method for administration
and enforcement of the building construction provisions of the New
York State Uniform Fire Prevention and Building Code in the City of
Oswego and further establishes powers, duties and responsibilities
in connection therewith.
[Amended 10-23-1995; 6-22-1998]
The fire limits are shown, defined and bounded
on the Fire Limits Map accompanying this chapter. The Fire Limits
Map is hereby made a part of this chapter and shall be on file in
the Department of Code Enforcement and City Clerk's office.
The words and phrases used in this article shall
have the meanings given in Part 606 of the New York State Uniform
Fire Prevention and Building Code or as stated below:
A room or space classified as a Group C-5 occupancy, regardless
of the number of persons.
A permit to build a building, structure or an addition or
to renovate a building or structure or erect a fence, deck or pool.
[1]Certification that something, other than a structure, meets
the code (e.g., fence, pool, deck, etc.).
Permission to occupy a structure of new construction or conversion
or renovation.
An employee of the Department whose responsibility is to
review construction plans, issue building permits, issue stop-work
orders, inspect all new construction and renovations in existing buildings,
serve as a member of the Electrical Licensing Board, perform duties
pursuant to the Unsafe Structures Ordinance[2] and perform such other duties that are consistent with
the civil service description and which may be assigned to him/her
by the Director of Code Enforcement.
[3]
[Amended 6-22-1998]
An employee of the Department responsible for the enforcement
of the New York State Uniform Fire Prevention and Building Code, the
City of Oswego codes, and to handle all rental permit inspections
and perform such duties as assigned by the Director of Code Enforcement.
[Amended 6-22-1998]
A permit to demolish or remove a structure.
The Department of Code Enforcement of the City of Oswego
and each officer or employee of such Department.
[Added 6-22-1998]
The chief officer charged with the enforcement of the New
York State Uniform Fire Prevention and Building Code and the City
of Oswego codes.
[Added 6-22-1998]
Subchapters C and F of the New York State Uniform Fire Prevention
and Building Code.
[Added 6-22-1998]
Any dwelling unit in the City of Oswego which is rental,
including multiple, one- or two-family, mixed residential-business
use dwelling, buildings used or occupied as a sorority or fraternity,
and individual rooms rented weekly or daily, in buildings containing
nine or fewer rooms.
[Added 6-22-1998; amended 8-10-1998]
A permit to occupy or possess premises, expiring three years
after the date of issuance.
[Added 6-22-1998]
A permit for the storage, handling, transport or disposal
of a product or commodity.
The New York State Uniform Fire Prevention and Building Code.
[Amended 10-28-1996 by L.L. No. 4-1996]
[1]
Editor's Note: The former definition of "Bureau
of Code Enforcement police officer," amended 10-28-1996 by L.L. No.
4-1996, which immediately followed this definition, was repealed 6-22-1998.
[3]
Editor's Note: The former definition of "Code
Enforcement Bureau Chief," which immediately followed this definition,
was superseded 6-22-1998. See now the definition of "Director of Code
Enforcement."
A.
No person, firm, corporation, association or other
organization shall commence the erection, construction, enlargement,
alteration, improvement, removal or demolition of any building or
structure or any portion thereof or install heating, solid fuel-burning
apparatus, a chimney or flue in any dwelling unit or change the nature
of the occupancy of any building or structure; or begin site preparation,
excavation or filling or cause the same to be done without first obtaining
a separate building permit from the Department for each such building
or structure, except that no building permit shall be required for
the performance of ordinary repairs which are not structural in nature
and do not include the installation or extension of any electrical
systems or fire protection fixtures.
[Amended 10-28-1996 by L.L. No. 4-1996; 6-22-1998]
B.
Building permit application. Application for a building
permit shall be made to the Department on forms it provides. 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. If it is determined
that the information is not sufficient or does not meet the Uniform
Code standards, then the application will be deferred until such time
as the information is provided.
[Amended 6-22-1998]
C.
Plans and specifications. Each application for a building
permit shall be accompanied by a complete set of plans and specifications
drawn to scale, also a plot plan showing the location and size of
all proposed new construction, including the details of structural,
mechanical, electrical, plumbing, heating, ventilation and air conditioning,
including computations, stress diagrams and other technical data.
Plans and specifications shall bear a stamp and signature in compliance
with § 7209 of the State Education Law, of the person responsible
for the design and drawings.
D.
Issuance of building permits.
(1)
The Director of Code Enforcement or Building Inspector
shall examine or cause to be examined all applications for permits
and the plans, specifications and documents filed therewith. He/she
shall approve or disapprove the application within a reasonable time.
(2)
Upon approval of the application and upon the receipt
of the proper legal fees thereof, the Director of Code Enforcement
shall issue or cause to be issued a building permit to the applicant
upon the appropriate forms and shall affix his signature thereto.
The authority conferred by such permit may be limited by conditions,
if any, contained therein.
E.
Display of permit. A building permit issued pursuant
to this section shall be prominently displayed on the property or
premises to which it pertains during the entire course of construction
activity.
F.
Duration of permit. A building permit shall expire
one year from the date of issue.
G.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
Any aggrieved person may, on a form prescribed
by the Secretary of State and accompanied by all the necessary documents
and fees as specified by the state, appeal to the Regional Board of
Review for a variance from the New York State Uniform Fire Prevention
and Building Code.
The permit may, upon written application, be
renewed for one year, provided that:
A.
The permit has not been revoked or suspended at the
time the renewal is made.
B.
The relevant information in the application is up-to-date.
C.
The renewal fee of $10 is paid.
D.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
Construction work for which a building permit
has been issued shall be inspected for approval prior to enclosing
or covering any portion thereof and upon completion of each phase
at construction, including but not limited to foundation, framing,
superstructural, electrical, plumbing, insulation, heating, air conditioning,
solid wood-burning device and chimney and flue vents. It shall be
the responsibility of the owner, applicant or his agent to inform
the appropriate inspector, either in writing or by calling, that the
work is ready for inspection and to schedule such inspection.
[Amended 6-22-1998]
Electrical inspections performed pursuant to
the Uniform Fire Prevention and Building Code by other third party
inspectors not employed by the Department may be performed if said
person or agency had previously been approved by the Mayor and Common
Council.
[Amended 6-22-1998]
Whenever the Department of the City of Oswego
has reasonable grounds to believe that work on any building or structure
is proceeding without a building permit or is otherwise in violation
of provisions of any applicable laws, codes, ordinances, rules or
regulations or not in conformity with the provisions of an application,
plans or specifications on the basis of which a building permit was
issued or in an unsafe and dangerous manner, he shall notify the owner
of the property or the owner's agent or the person performing the
work to suspend all work, and any such person shall forthwith stop
such work and suspend all building activities until the stop-work
order has been rescinded. Such stop-work order and notice shall be
in writing, shall state the conditions under which the work may be
resumed and may be served upon a conspicuous portion of the building
under construction and a copy of the same shall be sent to the person,
firm or corporation by certified mail, return receipt requested. A
stop-work order can only be rescinded by the person issuing the order.
A.
Certificates of occupancy required.
[Amended 6-22-1998]
(1)
No building hereafter erected subject to the Uniform
Code shall be used or occupied in whole or in part until a certificate
of occupancy shall have been issued by the Department.
(2)
No building similarly enlarged, extended or altered
upon which work has been performed which required the issuance of
a building permit shall be occupied or used after the completion of
the alteration or work, unless a certificate of occupancy shall have
been issued by the Department.
(3)
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Department.
B.
Inspection prior to issue. Before issuing a certificate
of occupancy, the Director of Code Enforcement or Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy, and he/she may conduct such inspections as he/she
deems appropriate from time to time during and upon completion of
the work for which a building permit has been issued. There shall
be maintained in the Department a record of all such examinations
and inspections, together with a record of findings of violations
of the law.
[Amended 6-22-1998]
C.
Temporary certificates. A temporary certificate of
occupancy may be issued for a building or structure or part thereof
before the entire work covered by the building permit shall have been
completed, provided that it may be occupied safely without endangering
life or the public welfare. A temporary certificate of occupancy shall
remain in effect for a period not to exceed six months from the date
of issuance. For good cause, the Department may allow a maximum of
two extensions for periods not exceeding six months each.
[Amended 6-22-1998]
D.
Test. Whenever there is reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the New York State Uniform Fire Prevention
and Building Code and other applicable building laws, ordinances or
regulations, the Department may require the same to be subjected to
tests in order to furnish proof of such compliance.
[Amended 6-22-1998]
E.
Certificate of compliance. A certificate of compliance
shall be issued for all work not applicable for a certificate of occupancy
(fences, decks, swimming pools, etc.). This in no way replaces a zoning
certificate of compliance.
