[HISTORY: Adopted by the Town Board of the
Town of Esopus 9-12-1990 by L.L. No. 8-1990. Amendments noted where
applicable.]
The Town Board of the Town of Esopus, New York,
having duly adopted a resolution accepting the applicability of the
New York State Uniform Fire Prevention and Building Code, hereby enacts
the following administrative ordinance pursuant to the provisions
of § 383 of the Executive Law of the State of New York and
all other applicable laws.
[1]
Editor's Note: Former Ch. 56, Building Construction,
adopted 12-30-1959, as amended, was repealed 9-12-1990 by L.L. No.
7-1990.
[Added 12-16-2021 by L.L.
No. 14-2021]
A.
Legislative intent. The Town of Esopus seeks to protect and promote
the public health, safety, and welfare of its residents by mandating
energy efficient building standards. In 2019, the New York State Energy
Research and Development Authority (NYSERDA) developed and published
the NYStretch Energy Code 2020 (hereinafter referred to as "NYStretch"),
a more energy efficient building code than the 2020 ECCCNYS. This
proposed code amendment seeks to modify the Esopus Town Code to adopt
NYStretch and to enact more restrictive regulations as they related
to new or substantially renovated buildings.
B.
Adoption of NYStretch Code. Effective January 1, 2022, the NYStretch
Energy Code 2020, published by the NYSERDA (hereinafter referred to
as "NYStretch"), shall be applicable to all new construction and substantial
renovations in the Town of Esopus.
C.
Authority. This section is enacted pursuant to New York Energy Law
§ 11-109(1), and Municipal Home Rule Law § 10
and in accordance with the procedures detailed in Municipal Home Rule
§ 20.
There is hereby designated in the Town of Esopus
a public official to be known as the "Building Inspector," who shall
be appointed by the Town Board at a compensation to be fixed by it;
who shall administer and enforce the provisions of all laws, ordinances,
rules, regulations and orders, as well as all the provisions of the
New York State Uniform Fire Prevention and Building Code, applicable
to the location, design, materials, construction, alteration, repair,
equipment, maintenance, use, occupancy, removal and demolition of
buildings and structures and appurtenances located in the Town of
Esopus; and who shall serve at the will and under the jurisdiction
of the Town Board of Esopus.
The Town Board may appoint such other employees,
assistants and deputies as may be necessary from time to time to carry
out the functions of the Building Inspector. Such deputy building
inspectors shall perform such duties not inconsistent with law as
shall be assigned to them by the Building Inspector, and, in the performance
thereof, they shall have the same right to enter and inspect any building
and perform other necessary acts as conferred upon the Building Inspector.
In the absence of the Building Inspector or
in case of his inability to act for any reason, the Supervisor shall
have the power, with the consent of the Town Board, to designate a
person to act in his behalf and to exercise all of the powers conferred
upon him by this chapter.
The Building Inspector or his deputies shall
not engage in any activity inconsistent with his duties, 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 in the preparation of plans or specifications thereof within the
Town of Esopus, except only that this provision shall not prohibit
any employee from such activities in 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, or 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
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof, as well as all
the provisions of the New York State Uniform Fire Prevention and Building
Code (hereinafter referred to as the "Uniform Code").
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 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 building inspectors 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 shall annually submit to the
Town Board a written report and summary of all business conducted
by the Building Inspector, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
or their officers and of all other Town officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
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 the performance of ordinary repairs which are not
structural in nature.
B.
Application for a building permit shall be made to
the Building Inspector on forms provided by him. An application must
be filed with the Building Inspector for any and all proposed work,
except work costing less than $250 for labor and materials. The Building
Inspector shall determine, after examination of the application and
other documents submitted, the necessity for issuing a building permit
pursuant to the Uniform Code. The application shall contain the following
information:
(1)
A description of the land on which the proposed work
is to be done, a copy of the most current property deed for the site,
a copy of any existing property survey or other to-scale map or plan
of the property, along with a copy of any approved and filed subdivision
plat, as recorded in the Ulster County Clerk’s Office, that
shows the property in question along with any and all covenants and
restrictions set forth in said subdivision plat. In the event that
there is no accurate survey or subdivision plat that depicts the property,
the Building Inspector may accept a to-scale plot plan of the property
or portion of the property proposed for building construction and
related disturbance and improvements.
[Amended 11-19-2009 by L.L. No. 7-2009]
(2)
A statement of the use or occupancy of all parts of
the land and of the building or structure in question.
(3)
The valuation of the proposed work.
(4)
The full names and addresses of the owner and of the
applicant and the names and addresses of their responsible officers,
if any of them are corporations.
(5)
A brief description of the nature of the proposed
work.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations, as well as compliance with Town, county or state
driveway cut permits, compliance with the requirements of environmental
quality review laws and regulations and compliance with the rules
and regulations of the State and County Boards of Health, as well
as compliance with all conditions specified and required by the Town
Planning Board or the Zoning Board of Appeals, or both such agencies.
C.
Applications shall be made by the owner or lessee,
or the 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, the 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 electrical 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 requirements for filing plans. (See also § 56-19 for insurance requirements.)
E.
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.
F.
Decks are deemed to be new construction and must meet all side yard and rear yard requirements of Chapter 123, Zoning.
G.
Pools. In-ground as well as aboveground pools may
not be built without first obtaining a building permit.
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 30 days after the application is filed in his office.
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, a set of 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 the plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant, together with the reasons
therefor in writing.
E.
No building permits or certificates of occupancy or
compliance required by this chapter shall be issued by the Building
Inspector pertaining to any premises on which there exists a violation
of this chapter or any related Town regulation which governs either
building construction or the use of land and structures within the
Town of Esopus.
[Added 3-15-2007 by L.L. No. 2-2007]
A.
Period of permit effectiveness.
(1)
A building permit shall be effective to authorize
the commencement of work in accordance with the application, plans
and specifications on which it is based for a period of one year after
the date of its issuance. For good cause, the Building Inspector may
allow one extension for a period not exceeding one year.
[Amended 3-15-2007 by L.L. No. 2-2007]
(3)
Following the approved extensions, no further work
is to be undertaken without renewing the expired permit or filing
for a new building permit.
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.
C.
Inspections.
(1)
Work for which a building permit has been issued must
be inspected and approved by the Building Inspector:
(a)
Prior to enclosing or covering any portion thereof;
and
(b)
Upon completion of each stage of construction,
including, but not limited to, building location, footings, foundations,
waterproofing, footing drains, framing, plumbing, heating and air
conditioning, electrical, compliance with energy code, fire protection
and detection systems, final inspection.
(2)
A certificate of occupancy or certificate of compliance
will not be issued unless the conditions set forth above are strictly
adhered to. It shall be the responsibility of the owner, applicant
or his agent to inform the Building Inspector that the work is ready
for inspection and to schedule such inspection. The owner, applicant
or designated representative shall be present during the inspection.
D.
Firesafety inspections of areas of public assembly,
as defined in Part 606 of Title 9 of the Official Compilation of Codes,
Rules and Regulations, shall be done annually.
E.
Firesafety inspections of units whose occupants actively
(in writing) request an inspection, empty units or common areas of
multiple dwellings shall be done every 20 months.
F.
Firesafety inspections of nonresidential occupancies
(e.g., garages, places of business, warehouses, etc.) shall be done
every 16 months.
G.
There shall be inspections in response to bona fide
complaints, in writing, regarding conditions or activities allegedly
failing to comply with the Uniform Code.
H.
There shall be maintained in the office of the Building
Inspector a record of all examinations and inspections, together with
a record of findings of violations of the law.
I.
Notification regarding fire or explosion. The chief
of any fire department providing fire-fighting services for a property
within the Town of Esopus shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
[Added 3-15-2007 by L.L. No. 2-2007]
A.
The fee schedule for building and related premises
shall be as follows:
(1)
Demolition and repairs:
[Amended 4-21-2005; 3-15-2007 by L.L. No. 2-2007]
(a)
Demolition costing up to $1,000: $30 (liability
insurance required).
(b)
Demolition costing over $1,000: $30, plus $10
per each additional $1,000 or any part thereof (liability insurance
required).
(c)
Repairs, alterations, renovations and installations
(wood stove, fence): $30 for the first $1,000, and $10 for each additional
$1,000 of the cost of the repair, alteration or addition (minimum
fee of $30).
(2)
For building permits (new construction):
(a)
New construction: $0.50 per square foot. (NOTE:
Decks are new construction.)
[Amended 4-21-2005; 3-15-2007 by L.L. No. 2-2007]
(b)
Plumbing, heating, standpipe, sprinkler, elevator
or electrical work, etc., is included in the term "construction or
alteration work." When filed with complete construction plans, all
such work is included under one fee based on the total cost of the
building or structure, inclusive of such mechanical installations.
(3)
For plumbing only:
(a)
Additions to plumbing system (not meant to include
replacement of existing fixtures or piping): same as construction
or alteration work if value can be determined; otherwise $10 per fixture
installed. [NOTE: Minor additions (extra faucet, sillcocks, etc.)
under $25: no permit or fee required.]
(b)
All new construction must utilize water-saving
fixtures.
(4)
Electrical work:
(a)
Inspector. The chief inspector and each of the
duly appointed inspectors of the New York Certified Electrical Inspectors,
Middle Department Inspection Agency, Inc., Commonwealth Electrical
Inspection Service, Inc., Tri-State Inspection Agency, Inc., New York
Electrical Inspections, Electrical Underwriters of New York, Swanson
Consulting, Inc., All County Electrical Inspection Service, Inc.,
New York Atlantic-Inland, Inc., Z3 Consultants, Inc., and New York
Electrical Inspections & Consulting, LLC are hereby authorized
and deputized as agents of the Town of Esopus to make inspections
and reinspections of all electrical installations heretofore and hereafter
described and to approve or disapprove the same. In no event, however,
will the cost or expense of such inspections and reinspections be
a charge against the Town of Esopus.
[Amended 9-20-2012]
(b)
Duties of the inspector. It shall be the duty
of the inspector to report in writing to the Chief Building Inspector,
whose duty it shall be to enforce all the provisions of this code,
all violations of or deviations from or omissions of the electrical
provisions of the National Electrical Code and of all local laws,
ordinances and the Building Code as referred to in this chapter, insofar
as any of the same apply to electrical wiring. The inspector shall
make inspections and reinspections of electrical installations in
and on properties in the Town of Esopus upon the written request of
an authorized official of the Town of Esopus or as herein provided.
The inspector is authorized to make inspections and reinspections
of electrical wiring installations, devices, appliances and equipment
in and on properties within the Town of Esopus where he deems it necessary
for the protection of life and property. In the event of an emergency,
it is the duty of the inspector to make electrical inspections upon
the oral request of an official or officer of the Town of Esopus.
It shall be the duty of the inspector to furnish written reports to
the proper officials of the Town of Esopus and to the owners and/or
lessees of property where defective electrical installations and equipment
are found upon inspection. He shall authorize the issuing of a certificate
of compliance when electrical installations and equipment are in conformity
with this chapter. He shall direct that a copy of the certificate
of compliance be sent to the Town of Esopus to the attention of the
Building Inspector.
(c)
Violations of this chapter. It shall be a violation of this chapter for any person, firm or corporation to install or cause to be installed or to alter or repair electrical wiring for light, heat or power in or on properties in the Town of Esopus until an application for inspection has been filed with any one of the agents set forth in § 56-12A(4) above. It shall be a violation of this chapter for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a certificate of compliance or a certificate of compliance or a certificate of occupancy by any of the agents set forth in § 56-12A(4) above.
(7)
Where specifically allowed, permits and appropriate
fees are required for the following:
(a)
Permission to cut the curb and construct a driveway
across sidewalks, or parking lots: $50.
[Amended 3-15-2007 by L.L. No. 2-2007]
(b)
Vaults under sidewalks, by area.
(c)
Trailers, moving of buildings, signs, marquees,
transmission towers, etc.
|
NOTE: The Town Planning Board or Town Board
may require cash or a letter of credit to ensure compliance, where
appropriate.
|
(8)
Additional fees.
(a)
The fee schedule set forth in this section of
the Esopus Town Code shall continue to be the fee schedule used by
the Building Inspector. However, the Town Board, by resolution, may
at any time amend the foregoing fee schedule.
(b)
Amendments to such fee schedule in the future
shall be made by resolution of the Town Board.
(c)
In addition to the fee schedule as set forth
in this section, the Building Inspector shall charge additional fees
for any actual inspection made in excess of seven inspections pursuant
to any building permit. For each inspection in addition to the seven
inspections set forth above, there shall be an additional charge of
$50, payable to the Town.
[Amended 3-15-2007 by L.L. No. 2-2007]
(d)
A modular home inspection fee shall be set at
the rate set forth in this section of the Esopus Town Code or for
the fixed sum of $185. The exact cost shall be determined by the Building
Inspector. Any inspections in excess of five inspections for said
modular home shall pay the rate of $50 per additional inspection.
Any and all additions to said modular home shall be determined as
set forth by the rates in this section of the Esopus Town Code.
[Amended 3-15-2007 by L.L. No. 2-2007]
(e)
Manufactured home permits. The fee for manufactured
home installation permits shall be $100. Any inspection in addition
to three inspections shall be charged at the rate of $50 per inspection.
The fee for any addition or repair to said trailer shall be determined
pursuant to this section of the Esopus Town Code.
[Amended 3-15-2007 by L.L. No. 2-2007; 11-19-2009 by L.L. No. 11-2009]
(f)
An "inspection" is defined as a Building Inspector's
scheduling an appointment and appearing for said appointment. The
fact that the work is not completed or that the builder or owner failed
to appear for the appointment or that the Building Inspector was otherwise
prevented or unable to inspect shall nonetheless be considered an
inspection requiring the payment of the appropriate inspection fee
or fees.
(g)
Upon the request of any person, firm or corporation
to the Town Clerk or the Building Inspector for a certification or
letter as to whether or not a certificate of occupancy or a certificate
of compliance has ever been issued for the property in question, whether
or not there are outstanding building permits and whether or not the
building predates zoning, and all inquiries of a similar character
shall be accompanied by a fee of $25. However, in the event that a
Town official or employee, in order to comply with the request, has
to make a field inspection of the property, an additional fee of $50
should be paid to the Building Inspector.
(9)
Swimming pools.
[Added 7-10-1991]
(a)
Aboveground pools: $50.
[Amended 3-15-2007 by L.L. No. 2-2007]
(10)
Work started without permit: two times the normal
fee.
[Added 3-15-2007 by L.L. No. 2-2007]
(11)
Sign fee $25.
[Added 3-15-2007 by L.L. No. 2-2007]
(12)
Permit renewal: 30% of original fee.
[Added 3-15-2007 by L.L. No. 2-2007]
B.
Exemptions and refunds.
(1)
No fee shall be required for municipally funded properties.
[Amended 3-15-2007 by L.L. No. 2-2007]
(3)
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 an application is not approved,
the fees paid shall not be refunded.
The Building Inspector may revoke a building
permit 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 state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
Any Building Inspector, deputy building inspector
or Code Enforcement Officer, upon a 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. However, in the event that right of entry
is refused, the Building Inspector shall request the Town Board to
direct the Attorney for the Town to secure a court order to permit
entry.
A.
A certificate of occupancy certifies that the structure
conforms to the approved plans and specifications filed with the building
permit application and conforms to all of the requirements of the
applicable provisions of the law, as well as conditions stipulated
by the Planning Board or the Zoning Board of Appeals. (A certificate
of occupancy or certificate of compliance will not be secured unless
there is strict compliance with the above.)
B.
A certificate of compliance is issued for:
C.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy or certificate
of compliance shall have been issued by the Building Inspector.
D.
No building hereafter enlarged, extended or altered
(whose new construction or alteration involves structural change)
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 or certificate of compliance shall have
been issued by the Building Inspector.
E.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy or certificate
of compliance shall have been issued by the Building Inspector.
Before issuing a certificate of occupancy or
certificate of compliance, 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 to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy;
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. There shall be maintained in the office of
the Building Inspector 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 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 or certificate
of compliance 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 or certificate of compliance
shall be issued, where appropriate, within 30 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 or certificate of compliance
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.
Temporary certificate. 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 that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safety; that any fire- and smoke-detecting
or fire-protection equipment which has been installed is operational;
and that all required means of egress from the building or structure
have been provided. 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. A temporary certificate shall be effective
for a period of time, not to exceed six months, 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.
[Added 3-15-2007 by L.L. No. 2-2007]
A.
Before work on any construction shall commence, the
applicant or builder or contractor shall provide the Building Inspector
with a certificate of insurance issued and executed by an insurance
company licensed to do business in the State of New York:
[Amended 4-15-1999 by L.L. No. 1-1999; 4-15-1999 by L.L. No.
2-1999]
(1)
Proving that workers' compensation insurance and disability
insurance have been issued to the person, firm or corporation engaged
to do the construction.
(2)
Providing public liability insurance coverage for
construction costs under $9,999 or less, in the amount of $300,000
for each person injured, $600,000 for each accident and $150,000 for
property damage.
B.
The certificate shall also contain a clause that the
insurance carrier will not cancel the same except on 10 days' notice
in writing to the Town of Esopus.
C.
Should the Building Inspector determine that the extent
of the operations in any particular case and the case and the danger
involved require public liability insurance coverage in greater amounts
than above specified, he shall immediately certify his determination
to the Town Clerk and simultaneously request that the Town Board fix
the policy limits. The Town Board shall meet as expeditiously as possible
for said purpose, and said Town Board is hereby authorized and empowered
to fix the policy limits in such amount or amounts as the Town Board
shall deem commensurate with the scope of the operations and the dangers
involved.
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.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of this chapter or any lawful order, notice, directive, permit or
certificate of the Building Inspector made thereunder, shall be punishable
by a fine of not more than $500 or 30 days in jail, or both. Each
day that a violation continues shall be deemed a separate offense.
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the State Building Construction Code punishable under
§ 385 of the Executive Law of the State of New York[1] nor to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.
[1]
Editor's Note: Article 18 of the Executive
Law concerning the State Building Construction Code was repealed by
L. 1981, c. 707. For current provisions, see § 382 of new
Art. 18 of the Executive Law, added by L. 1981, c. 707, concerning
the New York State Uniform Fire Prevention and Building Code.
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.
No person, firm or corporation may demolish,
destroy or tear down any structure unless a permit to do so is issued
by the Building Inspector.
Any person, firm or corporation doing construction
work in the Town of Esopus may not work before 7:00 a.m. and must
cease work not later than 10:00 p.m.
Any person, firm or corporation claiming it
is adversely affected or aggrieved by any ruling, decision, determination
or order of the Building Inspector or any other duly qualified personnel
acting for or on behalf of the Town of Esopus under any of the provisions
of this code shall have the right to appeal any such ruling, decision,
determination or order to the Town Board for final determination by
the Supreme Court of the State of New York. Such appeal must be taken
within 30 days after the determination or order is filed in the office
of the Building Inspector.
[Added 3-15-2007 by L.L. No. 2-2007]
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
All group A, B, F, H, I, M, R, S and U as defined
in the Fire Code of New York.
(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.
B.
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.
C.
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.
D.
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.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year. The effective
period of each operating permit shall be specified in the operating
permit. 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.
F.
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.
G.
Fees. The fee specified in or determined in accordance
with the provisions set forth in this chapter must be paid at the
time submission of an application for an operating permit, for an
amended operating permit, or for reissue or renewal of an operating
permit.
[Amended 12-18-2008]
(1)
Abstracts: $75.
(2)
Abstract inspections: $150.
(3)
Aboveground pool permits: $75.
(4)
Public assembly: $50.
(5)
Business: $25.
(6)
Mercantile: $50.
(7)
Factory/industrial: $100.
(8)
Hazardous: $150.
(9)
Residential (multifamily): $50.
(10)
Storage $25.
(11)
Miscellaneous: $25.
(12)
Bed-and-breakfast: $35.
(13)
Educational: No fee
[Added 3-15-2007 by L.L. No. 2-2007]
All of the fees set forth in this chapter may
be amended by resolution of the Town Board adopted by a majority vote.
