[Amended 8-24-2000]
A. The position of Building Inspector of the Town of
Wallkill shall continue, as previously created, and said position
shall be appointed by the Town Board in conformity with all civil
service contracts.
The Town Board may appoint one or more Deputy
Building Inspectors, as the need may appear, to act under the supervision
of the Building Inspector and to exercise any portion of his powers
and duties. The compensation of such Deputy Building Inspectors shall
be fixed by the Town Board. In the absence of the Building Inspector
or in case of his inability to act for any reason, the Town Board
shall designate a person to act in his behalf and to exercise all
of the powers conferred upon him by this article.
No Building Inspector or Deputy shall engage
in any activity inconsistent with his duties or with the interests
of the Town under this article; nor shall he, during the term of his
employment, be engaged directly or indirectly in any building business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Town, excepting only that this
provision shall not prohibit any employee from such activities in
connection with the construction of a building or structure owned
by him and not constructed for sale.
A. Except as otherwise specifically provided by law,
ordinance or regulation and except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
the installation and use of materials and equipment therein and the
location, use, occupancy and maintenance thereof, but the Town Board
may, by resolution, appoint a Special Building Inspector or Inspectors
under the Multiple Residence Law or the Labor Law, whose power and
duties shall be separate and distinct from those of any Building Inspector
appointed hereunder.
B. He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
C. He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from Deputy Building Inspectors or other
employees or from generally recognized and authoritative service and
inspection bureaus, provided that the same are certified by a responsible
official thereof.
D. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
A. The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours.
B. The Building Inspector monthly shall submit to the
Town Board a written report and summary of all business conducted
by his office, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
A. No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Inspector for
each such building or structure; except that no building permit shall
be required for necessary repairs or alterations, which do not materially
affect structural features nor violate fire code standards, including
siding and roofing.
[Amended 10-9-2003 by L.L. No. 11-2003]
B. Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
all information necessary to determine the work proposed to be done,
the persons responsible and whether the same will comply with all
applicable laws, regulations and ordinances.
C. Applications shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
D. Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the nature
and character of the work to be performed and the materials to be
incorporated, distance from lot lines, the relationship of structures
on adjoining property, widths and grades of adjoining streets, walks
and alleys, and, where required by the Building Inspector, details
of structural, mechanical and extricate work, including computations,
stress diagrams and other essential technical data.
E. Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
F. The Building Inspector may waive the requirement for
filing plans.
G. Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
A. The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B. Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
C. Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Building Inspector and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
D. If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Building Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
A. A building permit shall be effective to authorize
the commencement of work in accordance with the application and the
plans and specifications on which it is based for a period of one
calendar year after the date of its issuance. For good cause shown
by the applicant, the Building Inspector may allow a single additional
extension of one calendar year from the expiration date of the initial
building permit.
[Amended 9-26-2019 by L.L. No. 4-2019]
B. The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
[Amended 7-27-1972]
A. All fees required to be paid pursuant to this chapter
shall be set by resolution of the Town Board.
[Amended 7-25-1996 by L.L. No. 7-1996; 3-23-2006 by L.L. No.
3-2006]
B. In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
If construction work has been started and the application is not approved,
the fees paid shall not be refunded.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances 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
persons shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall order the remedying of any condition found to
exist in violation of the State Building Construction Code and shall
state the conditions under which the work may be resumed and may be
served upon the owner or his authorized agent personally or by sending
by registered mail a copy of such order to the owner or his authorized
agent at the address set forth in the application for the permit.
Any Building Inspector, upon the showing of
proper credentials and in the discharge of his duties, may enter upon
any building, structure or premises at any reasonable hour, and no
person shall interfere with or prevent such entry.
A. No building hereafter erected shall be used or occupied
in whole or part until a certificate of occupancy shall have been
issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
C. 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 Building Inspector.
D. Affidavit.
[Amended 7-25-1996 by L.L. No. 7-1996]
(1) The owner or his agent shall make application for
a certificate of occupancy. If signed and sealed plans by an architect
or an engineer were required, there shall be filed with the Building
Inspector an affidavit by the registered architect or licensed professional
engineer who prepared the plans submitted for the building permit
or of the registered architect or licensed professional engineer who
observed and inspected the work. If signed and sealed plans were not
required or the signed and sealed plans were for a single- or two-family
residence, the person who supervised the work and who, by reason of
his experience is qualified to superintend the work, shall sign the
affidavit for which the certificate of occupancy is sought.
(2) This affidavit shall state that the deponent has examined
the approved plans of the structure for which a certificate of occupancy
is sought and that the structure has been erected in accordance with
the approved plans and, as erected, complies with the law governing
building construction except insofar as variations have been legally
authorized. Such variations shall be specified in the affidavit.
Before issuing a certificate of occupancy, the
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; and he may conduct such inspections as he deems appropriate
from time to time during and upon completion of the work for which
a building permit has been issued. He shall maintain a record of all
such examinations and inspections, together with a record of findings
of violations of the law.
A. When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations, and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B. A certificate of occupancy shall be issued, where
appropriate, 10 days after application therefor is made. Failure to
act upon such application within 30 days shall constitute approval
of such application, and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy had been issued.
C. The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
D. Prior to the issuance of a temporary or final certificate of occupancy
for commercial construction, or common facilities, the owner's/developer's
design professional shall submit certification that the constructed
handicap facilities (curb ramps, sidewalks, parking spaces, accessible
corridors, etc.) comply with ADA regulations (latest revision).
[Added 5-26-2016 by L.L.
No. 10-2016]
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the building permit
has been completed, provided that such portion or portions as have
been completed may be occupied safely without endangering life or
the public welfare.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
A. All buildings or structures which are structurally
unsafe, unsanitary or not provided with adequate egress, or which
constitute a fire hazard or are otherwise dangerous to human life,
or which, in relation to existing use, constitute a hazard to safety
or health by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment, are, severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this section.
B. The Building Inspector shall examine or cause to be
examined every building reported as unsafe or damaged and shall make
a written record of such examination.
C. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop orders in §
82-11, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall order or require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
D. If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life,
such notice shall also order or require the building, structure or
portion thereof to be vacated forthwith and not reoccupied until the
specified repairs and improvements are completed, inspected and approved.
The Building Inspector shall cause to be posted at each entrance to
such building a notice: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR." Such notice shall
remain posted until the required repairs are made or demolition is
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 same.
E. In case the owner, agent or person in control cannot
be found within the stated time limit, or if such owner, agent or
person in control shall fail, neglect or refuse to comply with notice
to repair, rehabilitate or to demolish and remove said building or
structure or portion thereof, the Town Counsel shall be advised of
all the facts in the case and shall institute an appropriate action
in the courts to compel compliance.
F. In cases of emergency which, in the opinion of the
Building Inspector, involve imminent danger to human life or health,
he shall promptly cause such building, structure or portion thereof
to be made safe or removed. For this purpose he may at once enter
such structure or land on which it stands, or abutting land or structure,
with such assistance and at such cost as may be necessary. He may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
G. Costs incurred under Subsections
E and
F of this section shall be paid out of the general funds of the Town on certificate of the Building Inspector. Such costs shall be charged to the owner of the premises involved, who shall be liable therefor, and same shall be collected by legal action brought in the name of the Town.
[Amended 7-25-1996 by L.L. No. 7-1996]
Violators and violations of this article and
of the State Building Code, as defined in the Executive Law, § 382,
shall be subject to the penalties provided in said § 382
under the procedures set forth therein.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.
[Added 5-9-1968; amended 5-9-1996 by L.L. No. 4-1996; 1-27-2011 by L.L. No. 1-2011; 10-25-2012 by L.L. No. 8-2012]
A. The Town Board of the Town of Wallkill is hereby authorized to appoint,
by duly adopted resolution, a designated individual or individuals
to conduct electrical inspections and reinspections within the Town
of Wallkill and issue a report for each such inspection to the Town
Building Inspector. The approved electrical inspector list shall consist
of a maximum of 10 electrical inspectors. Notwithstanding the foregoing,
the Town Building Inspector, in his or her sole discretion, shall
retain the right to request that the Town Board appoint additional
qualified electrical inspectors as may be required if such appointments
would, in his or her opinion, serve the best interests of the Town.
[Amended 4-25-2024 by L.L. No. 2-2024]
B. The Town Board reserves the right to terminate, by duly adopted resolution,
any such appointment at any time following a hearing before the Town
Supervisor on at least 10 days' written notice to the appointee should
it be determined that the individual is no longer eligible to remain
on the list of approved electrical inspectors for any reason. Such
reasons include, but are limited to: i) improper or incomplete inspections;
ii) overcharging for inspections in relation to accepted industry
standards; iii) loss of license, certification or insurance coverage;
iv) conviction of a misdemeanor or felony; and v) failure to act in
a professional manner while scheduling, conducting and/or reporting
the results of electrical inspections. The Town Supervisor shall issue
a decision within 30 days of completion of the hearing.
C. Should the Town Board determine that, by remaining on the list of
approved electrical inspectors, an appointee poses an immediate danger
to the health, safety and welfare of the residents of the Town, the
Town Board shall have the right to suspend said appointee from the
list prior to the hearing provided for in this section.
D. The Town Board, or its designee, reserves the right to appoint a
licensed electrical inspector to conduct random follow-up electrical
inspections to ensure that all inspectors on the approved list are
conducting themselves with the highest professional and ethical standards
and serving the best interests of the applicants and the public. The
cost for such random inspections shall be borne by the Town.
[Added 5-9-1968; amended 5-9-1996 by L.L. No. 4-1996]
A. It shall be the duty of the Electrical Inspectors
to report in writing to the Building Inspector of the Town of Wallkill
all violations, deviations from and/or omissions of the electrical
provisions of the State of New York Building Code applicable to the
Town of Wallkill and of all local laws and ordinances insofar as any
of the same apply to electrical installations and electrical wiring.
The Electrical Inspectors shall make inspections and reinspections
of electrical installations in and on properties in the Town of Wallkill
upon written request of an authorized official of the Town of Wallkill
or as herein provided. The Electrical Inspectors are authorized to
make inspections and reinspections of electrical wiring, installations,
devices, appliances and equipment in or on properties within the Town
of Wallkill where they deem it necessary for the protection of life
and property. In the event of an emergency, it is the duty of the
Electrical Inspector to make electrical inspections upon the oral
request of an official or officer of the Town of Wallkill. In no event,
however, will the cost or expense of any electrical inspection provided
for by Town Code be a charge against the Town of Wallkill. Except
in an emergency, no inspection is to commence, nor the approval of
any electrical work is to be made, by the Electrical Inspector until
a valid building permit has been issued or the Building Inspector
has given permission to proceed without a permit.
B. It shall be the duty of the Electrical Inspectors
to furnish written reports to the proper officials of the Town of
Wallkill, including the Town Building Inspector, and also to the owners
and/or lessees of property where defective electrical installations
and equipment are found upon inspection. The Electrical Inspectors
shall authorize the issuance of a certificate of compliance when electrical
installations and equipment are in conformity with this article. A
certificate of compliance for rough inspection or final inspection
will only be issued upon the work being totally completed. Power permits
to the utility company will only be issued when the proper work for
such a permit has been completed. The Electrical Inspectors shall
direct that a copy of the certificate of compliance be sent to the
Building Inspector of the Town of Wallkill.
C. Electrical Inspector qualifications.
[Amended 10-25-2012 by L.L. No. 8-2012]
(1) Licensure. In order to be eligible to conduct electrical inspections
in the Town of Wallkill, an individual must possess a New York State
electrical engineer's license or have been issued the certificates
for Electrical Inspector - One- and Two-Family Dwelling, Electrical
Inspector — General, Electrical - Inspector - Plan Review by
the Board of Governors of the National Certification Program for Construction
Code Inspectors of the International Association of Electrical Inspectors.
(2) Upon the filing with the Town Building Inspector of a certified copy of the appropriate professional licenses or certificates along with the required evidence of insurance as provided for in Subsection
F of this section, and payment of an annual application fee to be established by the Town Board, the Building Inspector shall add the inspector to the approved list and issue each Electrical Inspector an identification number coded as follows:
(a)
Residential inspectors: EIR-____.
(b)
Commercial/multifamily dwelling inspectors: EIC-____.
(3) All written documentation submitted to the Town or the applicant
by an Electrical Inspector shall set forth the inspector's identification
number. Any Electrical Inspector authorized by the Town Building Inspector
to perform commercial and multifamily inspections shall also be permitted
to conduct residential electrical inspections.
D. Restriction of Electrical Inspectors. No Electrical
Inspector shall engage in any activity inconsistent with his duties
or with the interests of the Town under this article; nor shall he,
during the term of his appointment, be engaged directly or indirectly
in any building, electrical or alarm business, in the furnishing of
labor, materials, appliances or equipment for the construction, alteration
or maintenance of buildings or their systems or the preparation of
plans or specifications thereof, within the Town, excepting only that
this provision shall not prohibit any inspector from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale.
[Amended 10-25-2012 by L.L. No. 8-2012]
E. Electrical inspection fees. Fees for inspection by
Electrical Inspectors shall be submitted to the Town Board for its
approval. Payment of inspector fees shall not be required by an applicant
prior to any inspection being conducted by any inspector. The current
approved list of electrical inspectors shall be maintained with both
the Office of the Town Building Inspector and the Office of the Town
Clerk and shall be made available for review by applicants and members
of the public during normal business hours. Applicants may select
any Electrical Inspector on the approved list to conduct electrical
inspections as required pursuant to this chapter.
[Amended 1-27-2011 by L.L. No. 1-2011; 10-25-2012 by L.L. No. 8-2012]
F. Liability insurance. Prior to receiving approval by the Town Building
Inspector to conduct electrical inspections within the Town of Wallkill,
individuals seeking to be included on the approved list shall be required
to submit evidence of liability insurance and completed operations
coverage naming the Town of Wallkill as an additional insured. Residential
Electrical Inspectors shall carry insurance in an amount not less
than $1,000,000. Commercial Electrical Inspectors shall carry insurance
in an amount not less than $3,000,000.
[Amended 10-25-2012 by L.L. No. 8-2012]
[Added 5-9-1968; amended 5-9-1996 by L.L. No. 4-1996]
It shall be a violation for any person, firm or corporation to install or cause to be installed or to alter electrical wiring or to replace worn or damaged wiring for light, heat or power in or on properties in the Town of Wallkill until a building permit has been issued by the Town of Wallkill Building Inspector. It shall be a violation for a person, firm or corporation to connect or cause to be connected electrical wiring in or on any properties for light, heat or power to any source of electrical energy supply prior to the issuance of a certificate of compliance and power permit to utility by the Electrical Inspector. Provisions of §§
82-21,
82-22 and
82-23 shall be enforced by the Building Inspector and/or representatives. The penalties for violation and the procedure set forth in §
82-19 of this article shall apply.