[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls 2-13-2008 by L.L. No. 1-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Fire Inspector — See Ch. 15.
Unsafe buildings — See Ch. 59.
Excavations — See Ch. 74.
House trailers and mobile homes — See
Ch. 92.
Zoning — See Ch. 151.
[1]
Editor's Note: This local law also repealed
former Ch. 64, Building Construction and Fire Prevention, adopted
7-8-1992 by L.L. No. 6-1992, as amended.
A.
This chapter shall provide for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code, found at Title 19 NYCRR Chapter XXXIII, Subchapter
A (hereinafter referred to as "Uniform Code") and NYS Energy Conservation
Construction Code found at Title 19 NYCRR Chapter XXXIII, Subchapter
B (hereinafter referred to as "Energy Code") in the Village of Wappingers
Falls pursuant to Executive Law §§ 381 and 382-a. This
chapter is adopted pursuant to § 10 of the Municipal Home
Rule Law and incorporates the features of a program for administration
and enforcement of the Uniform Code as required by 19 NYCRR 1203.3.
B.
Except as otherwise provided by state law, the Uniform
Code, the Energy Code, or elsewhere within the Code of the Village
of Wappingers Falls, all premises, regardless of use, are subject
to the provisions of this chapter.
C.
The Board of Trustees of the Village of Wappingers
Falls has determined that it is in the best interest of the citizens
of the Village of Wappingers Falls to adopt a local law to ensure
the proper administration and enforcement of the Uniform Code and
the Energy Code.
D.
This chapter is intended to implement and confirm
the provisions of the Uniform Code and Energy Code in their entirety,
set forth in Title 19 of the New York Code, Rules and Regulations,
Chapter XXXIII, Subchapters A and B, as currently in effect and as
hereafter amended from time to time.
[Amended 7-14-2010 by L.L. No. 10-2010]
Pursuant to the authority set forth in the New York State Executive Law §§ 381 and 382-a, the Village of Wappingers Falls hereby adopts and implements the amendments and definitions contained in the New York State Uniform Fire Prevention and Building Code, found at Title 19 NYCRR Chapter XXXIII, Subchapter A (hereinafter referred to as "Uniform Code") and NYS Energy Conservation Construction Code found at Title 19 NYCRR Chapter XXXIII, Subchapter B (hereinafter referred to as "Energy Code"), which shall supersede and replace all prior Village ordinances and local laws relating to the administration and enforcement of all building, construction, and fire prevention codes and/or ordinances adopted prior to the adoption of this chapter. For the purposes of this chapter, the Uniform Code shall be deemed to include the New York State Building Code, Fire Code, Residential Code, Property Maintenance Code, Mechanical Code, Plumbing Code and Fuel Gas Code, and such other codes as may be added by the New York State Department of State Division of Code Enforcement and Administration. Nothing herein shall be deemed to supersede, replace or in any way abolish Chapter 114 of the Village Code, which shall remain in full force and effect.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 64-5. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant § 64-8.
The Code Enforcement Officer appointed pursuant to § 64-4.
Shall include the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 64-17A.
Shall mean any and all drawings, plats, plans, details and
specifications which:
Define the scope of the proposed work;
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
The New York State Energy Conservation Construction Code
found at Title 19 NYCRR Chapter XXXIII, Subchapter B, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 64-4D.
A permit issued pursuant to § 64-12. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 64-7.
A certificate issued pursuant to § 64-9E.
The New York State Uniform Fire Prevention and Building Code,
found at Title 19 NYCRR Chapter XXXIII, Subchapter A, as currently
in effect and as hereafter amended from time to time.
The Village of Wappingers Falls.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code, and the Code of the
Village of Wappingers Falls. In addition to the duties set forth in
other sections of the Code, 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 and operating permits, and the construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy, certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted, under this chapter or elsewhere in the Code;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue compliance orders;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of
the Village of Wappingers Falls or by state law;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and the Code of the Village of Wappingers
Falls, or to abate or correct conditions not in compliance with the
Uniform Code, the Energy Code or the Code of the Village of Wappingers
Falls;
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter
or other sections of the Code of the Village of Wappingers Falls.
(12)
To exercise all other powers and fulfill all other
duties conferred upon the Zoning Enforcement Officer by other sections
of the Code of the Village of Wappingers Falls.
(13)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter or other
sections of the Code of the Village of Wappingers Falls.
(14)
To exercise all other powers and fulfill all other
duties conferred upon the Fire Inspector by other sections of the
Code of the Village of Wappingers Falls; and
(15)
To exercise all other powers and fulfill all other
duties conferred upon the Plumbing Inspector by other sections of
the Code of the Village of Wappingers Falls.
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
State Fire Administrator 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, an 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 his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors 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 chapter. 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 State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
E.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Board of Trustees
of the Village of Wappingers Falls.
A.
Building permits required.
(1)
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 Code Enforcement Officer.
(2)
In nonresidential districts, whenever there is a change
in occupant of a building or site, the new occupant must apply for
a change of occupancy permit and receive a certificates of occupancy
approving the change in occupancy.
B.
Exemptions. No building permit shall be required for:
(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 (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire-protection system for any period of time.
(13)
Alterations to existing buildings, provided that the
alterations:
(a)
Do not affect structural features;
(b)
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
(c)
Do not involve the installation, alteration
or extension of electrical systems or fire alarm systems; or
(d)
Do not include the installation of fuel-burning
heating appliances and associated chimneys and flues.
(14)
Nonresidential farm buildings or structures used solely
for agricultural purposes.
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.
Application for a permit.
(1)
Applications for a building permit shall be made in
writing on a form provided by or otherwise acceptable to the Code
Enforcement Officer.
(2)
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.
(3)
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.
(4)
The application shall include or be accompanied by
the following information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address of the premises
where the work is to be performed;
(c)
The occupancy classification of any affected building
or structure;
(d)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(e)
At least two sets of construction documents.
(f)
Proof that the taxes, water and sewer bills,
garbage bills, fines payable to the Village Justice Court and all
other fees or fines due and payable to the Village for the property
subject to the application are paid in full.
[Added 12-10-2008 by L.L. No. 7-2008]
(5)
Except where an application is submitted for the purpose
of curing existing violations or will result in the curing of existing
violations, no application for a building permit shall be accepted,
processed or considered where there is an existing violation of any
provision of the Village Code.
[Added 12-10-2008 by L.L. No. 7-2008]
E.
Review of construction documents.
(1)
Construction documents will not be accepted as part
of an application for a building permit unless they satisfy the requirements
set forth in § 64-3F.
(2)
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. 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.
(3)
The Code Enforcement Officer may waive the submission
of construction documents when the work to be done involves minor
alterations or is otherwise unnecessary.
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.
(1)
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.
(2)
The permit holder shall immediately notify the Code
Enforcement Officer if any work cannot be performed in accordance
with the construction documents. The Code Enforcement shall then determine
an appropriate remedy for the change of work
(3)
If the Code Enforcement Officer determines that such
change of work warrants a new or amended building permit, no work
may be commenced in contravention of the original construction documents
unless and until a new or amended building permit reflecting such
change is issued.
I.
Time limits.
(1)
Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
(2)
Building permits shall expire 12 months after the
date of issuance or upon the issuance of a certificates of occupancy
or upon the issuance of a Certificate of compliance, whichever is
earliest.
(3)
A building permit which has become invalid or which
has expired pursuant to this subsection may be renewed upon written
application by the permit holder, provided that:
J.
Revocation or suspension of building permits.
(1)
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:
K.
Fees. The fee specified in or determined in accordance with the provisions set forth in § 64-18 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.
(1)
Any Enforcement Officer, upon showing of proper credentials
and in the discharge of his duties pursuant to this chapter, may enter
upon any building structure, or premises at any reasonable hour for
the purposes of enforcing this chapter, and no person shall interfere
with or prevent such entry.
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;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
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 where the work fails to
comply with the Uniform Code or Energy Code. 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, re-inspected, and found satisfactory as completed.
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.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order to be served in accordance with the provisions of § 64-8, Service of orders.
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.
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 § 64-17, Enforcement; penalties for offenses of this chapter or under any other applicable local law 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.
Service of notices and orders issued by the Code Enforcement Officer or his or her designee under this chapter or Chapter 151, Zoning, shall be made:
(1)
By delivery of a copy thereof personally to the owner,
permit holder, lessee or occupant of the building, premises or property
affected thereby; or
(2)
By delivery of a copy thereof personally to any person
of suitable age and discretion in charge or apparently in charge of
such building, premises or property, or any building work being executed
thereon and mailing a copy thereof to the owner of such building,
premises or property at his or her last known address, in which latter
case, the service shall be deemed to have been effected three days
after the date of mailing; or
(3)
By posting a copy thereof in a conspicuous place upon
such building, premises or property and mailing a copy thereof to
the owner of such building, premises or property at his or her last
known address, in which latter case the service shall be deemed to
have been effected three days after the date of mailing; or
(4)
Such other method of service authorized by the Civil
Practice Law and Rules of the State of New York.
B.
The Code Enforcement Officer shall be permitted, but
not required, to cause a copy of the notice or order 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 said notice or order, personally or
by certified mail; provided, however, that failure to serve any person
mentioned in this subsection shall not affect the efficacy of such
notice or order.
A.
Certificate of occupancy required.
(1)
A certificates of occupancy 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.
(2)
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 certificates of occupancy.
B.
Extension of nonconforming uses. No nonconforming
use shall be changed or extended without a certificate of occupancy
having first been issued by the Code Enforcement Officer therefor.
C.
Issuance of certificate of occupancy.
(1)
The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Code of the Village of Wappingers Falls, the Uniform Code and the Energy Code and with any approvals given under authority of §§ 151-17, 151-18 and 151-25 of the Code.
(2)
If a structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another, the Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Code of the Village of Wappingers Falls, the Uniform Code and the Energy Code and with any approvals given under authority of §§ 151-17, 151-18 and 151-25 of the Code.
(3)
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. 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,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificates of occupancy:
(4)
Except where the issuance of a certificate of occupancy
will result in the curing of existing violations, no certificate of
occupancy shall be issued where there is an existing violation of
any provision of the Village Code.
[Added 12-10-2008 by L.L. No. 7-2008]
(5)
No certificate of occupancy shall be issued without
proof that the taxes, water and sewer bills, garbage bills, fines
payable to the Village Justice Court and all other fees or fines due
and payable to the Village for the property subject to the application
are paid in full.
[Added 12-10-2008 by L.L. No. 7-2008]
D.
Contents of certificate of occupancy. A certificate
of occupancy 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, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable
to an entire structure, a description of that portion of the structure
for which the certificates of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(10)
Any special conditions imposed in connection with
the issuance of the building permit; and
(11)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
E.
Temporary certificate.
(1)
The Code Enforcement Officer shall be permitted to
issue a temporary certificate 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
unless the Code Enforcement Officer determines:
(a)
That the building or structure, or the portion thereof
covered by the temporary certificate, may be occupied safely;
(b)
That any fire- and smoke-detecting or fire protection
equipment which has been installed is operational; and
(c)
That all required means of egress from the building
or structure have been provided.
(2)
The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code.
(3)
A temporary certificate shall be effective for a period
of time, not to exceed 90 days, renewable for two consecutive periods
not exceeding 30 days each, which shall be determined by the Code
Enforcement Officer and specified in the temporary certificate. During
the specified period of effectiveness of the temporary certificate,
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.
(4)
A temporary certificate shall not be construed as
in any way altering the respective rights, duties or obligations of
the owner or of the Village respective to the use or occupancy of
the land or building or any other matter covered by this Code.
F.
Revocation or suspension of certificates.
(1)
If the Code Enforcement Officer determines that a
certificate of occupancy or a temporary certificate was issued in
error because of incorrect, inaccurate or incomplete 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.
G.
Conformity to certificate of occupancy. A certificate
of occupancy shall be deemed to authorize and is required for both
initial and continued occupancy and use of the building or land to
which it applies and shall continue in effect as long as such building
and the use thereof or of such land is in full conformity with the
provisions of this Code and any requirements made pursuant thereto.
H.
I.
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.
J.
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.
K.
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 his or her discretion, issue a single operating permit to apply to all such activities.
L.
Duration of operating permits.
(1)
Operating permits shall be issued for such period
of time, not to exceed one year in the case of any operating permit
issued for an area of public assembly and not to exceed three years
in any other case.
(2)
The effective period of each operating permit shall
be specified in the operating permit.
(3)
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.
M.
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.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving a
fuel-burning appliance, a chimney a gas vent or any structural damage.
A.
The Code Enforcement Officer and inspectors are hereby authorized to declare any building or structure unsafe due to neglect, fire, catastrophe, weather related conditions, acts of God and to further declare that such building or structure is unsafe and unfit for human occupancy or habitation in accordance with the procedures set forth in Chapter 59, Article II of the Code (§ 59-6 et seq.), as now in effect or as hereafter amended from time to time.
A.
Operation permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 50 persons or more; and
[Amended 7-14-2010 by L.L. No. 10-2010]
(e)
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.
A.
Inspections required. Firesafety 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)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 designated by the Code Enforcement Officer 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;
C.
Warrants. 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 chapter 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
under Executive Law § 156-e and Education Law § 807-b.
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, this Code, or any other local law, ordinance or
regulation adopted for administration and enforcement of the Zoning
Code of the Village of Wappingers Falls, 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 § 64-17, Enforcement; penalties for offenses;
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.
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, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours, except records pertaining
to critical infrastructure as defined by Public Officers Law § 86(5)
shall not be public records.
C.
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 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 § 64-15, Recordkeeping, 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, from the records and related materials this Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Village
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders.[1]
(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 this chapter or any other provision of the Code of the Village
of Wappingers Falls, the Uniform Code, or the Energy Code. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement
Officer;
(c)
Specify the condition or activity that violates
this chapter, the Code of the Village of Wappingers Falls, the Uniform
Code, or the Energy Code;
(d)
Specify the provision or provisions of this
chapter, the Code of the Village of Wappingers Falls, the Uniform
Code, or the Energy Code which is/are violated by the specified condition
or activity;
(e)
Specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the
specified period of time; and
(g)
State that an action or proceeding to compel
compliance may be instituted if compliance is not achieved within
the specified period of time.
[1]
Editor's Note: Local Law No. 1-2015, adopted 3-11-2015, adopted
by reference the provisions of 19 NYCRR 1203.5, Compliance with an
order to remedy, to set minimum time frames for adherence to orders
to remedy issued in the Village. This local law stated that 19 NYCRR
1203.5 would govern the issuance of all orders to remedy served within
the Village.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of this chapter, this Code, the Uniform Code or the Energy
Code.
C.
Civil penalties. In addition to those penalties proscribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to a civil penalty of not more than $200
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 Village.
D.
Criminal penalties.
(1)
Any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not less than
$250 nor more than $500 or imprisonment for a period not to exceed
five days, or both for conviction of a first offense;
[Amended 7-31-2013 by L.L. No. 4-2013]
(2)
For conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $500 nor more than $1,500 or imprisonment for a period
not to exceed 10 days, or both; and
[Amended 7-31-2013 by L.L. No. 4-2013]
(3)
Upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine not less than $1,500 nor more than $5,000 or imprisonment
for a period not to exceed 15 days, or both.
[Amended 7-31-2013 by L.L. No. 4-2013]
(4)
For the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations.
(5)
Each week's continued violation shall constitute a
separate additional violation.
E.
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 chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter. 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 chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this chapter, 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.
F.
Remedies not exclusive.
(1)
No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 64-7, Stop-work orders, in any other section of this chapter, or in any other applicable law.
A fee schedule for the enforcement and implementation
of this chapter shall be established by resolution of the Board of
Trustees. 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, 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 Board of Trustees of the Village of Wappingers
Falls may, by resolution, authorize the Mayor to enter into an agreement
with other governments to carry out the provisions 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.
