Town of Wallkill, NY Building Code Enforcement

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.[1]

[1]

Editor’s Note: Former Subsection B, which immediately followed and set forth residency requirements for the Building Inspector, was repealed 6-10-2010 by L.L. No. 3-2010.

§ 82-2 Appointment of Deputies.

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.

§ 82-3 Restrictions on Building Inspectors.

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.

§ 82-4 Duties and powers of Building Inspector.

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.

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.

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.

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.

§ 82-5 Required records and reports.

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.

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.

§ 82-6 Application for permit.

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]

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.

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.

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.

Plans and specifications shall bear the signature of the person responsible for the design and drawings.

The Building Inspector may waive the requirement for filing plans.

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.

§ 82-7 Issuance of permit.

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.

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.

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.

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.

§ 82-8 Performance standards.

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]

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.

§ 82-9 Fees.

[Amended 7-27-1972]

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]

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.

§ 82-10 Revocation of permit.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:

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.

Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

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.

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.

§ 82-11 Stop orders.

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.

§ 82-12 Right of entry.

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.

§ 82-13 Certificate of occupancy required; application.

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.

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.

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.

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.

§ 82-14 Inspection prior to issuance of certificate of occupancy.

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.

§ 82-15 Issuance of certificate of occupancy.

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.

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.

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.

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]

§ 82-16 Temporary certificate of occupancy.

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.

§ 82-17 Tests.

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.

§ 82-18 Unsafe buildings.

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.

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.

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.

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.

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.

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.

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.

§ 82-19 Penalties for offenses.

[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.

§ 82-20 Abatement of offenses.

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.

§ 82-21 Electrical inspections.

[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]

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 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.

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.

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.

§ 82-22 Duties of Electrical Inspectors.

[Added 5-9-1968; amended 5-9-1996 by L.L. No. 4-1996]

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.

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.

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.

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]

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]

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]

§ 82-23 Offenses against provisions pertaining to electrical installations.

[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.