[HISTORY: Adopted by the Town Board of the
Town of Greenfield 7-22-1986 by L.L. No. 3-1986. Amendments noted where
applicable.]
This chapter shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code in the Town of Greenfield and shall establish
powers, duties and responsibilities in connection therewith.
The governing body shall designate an official
inspection agency for the New York State Uniform Fire Prevention and
Building Code within the Town of Greenfield.
A.
The Town of Greenfield shall promulgate rules and
regulations to secure the intent and purposes of this chapter and
a proper enforcement of the laws, ordinances, rules and regulations
governing building plans, specifications, construction, alteration
or repairs.
B.
The Town of Greenfield shall publish all rules and
regulations at least 10 days prior to the effective date thereof in
a newspaper of general circulation within the Town of Greenfield.
[Amended 9-8-2011 by L.L. No. 1-2011]
A.
The
Code Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, fire-safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to § 54-7, Prohibited acts; notice of violation; effect of noncompliance, of this chapter;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town of Greenfield;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town of Greenfield's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The
Code Enforcement Officer shall be appointed by Town Board. The Code
Enforcement Officer shall possess background experience related to
building construction or fire prevention and shall, within the time
prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In
the event that the Code Enforcement Officer is unable to serve as
such for any reason, an individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D.
One
or more inspectors may be appointed by the Town Board to act under
the supervision and direction of the Code Enforcement Officer and
to assist the Code Enforcement Officer in the exercise of the powers
and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
A person subject to inspection under § 54-6 may be required by the Building Inspector to have such inspection performed at his or her own cost and expense by a competent inspector acceptable to the Building Inspector. Such inspector may be a registered architect, licensed professional engineer, certified building inspector or other person whose experience and training has been demonstrated to the satisfaction of the Building Inspector. Such inspector shall certify the results of his or her inspection to the Building Inspector. Except for inspections and certifications required by Attachment 3 of this chapter,[1] any person required by the Building Inspector to have
an inspection performed at his or her own cost and expense shall have
the cost of such inspection deducted from fees assessed as prescribed
in this chapter.
[1]
Editor's Note: Attachment 3, Appendix A310.3: Plot Plan
Requirements, is included at the end of this chapter.
F.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of the Town of
Greenfield.
A.
No person, firm or corporation shall commence the
erection, construction, alteration, enlargement, improvement, 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 official inspection agency 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,
storage buildings, 192 square feet or less, and tent-style storage
structures.
[Amended 2-8-1996 by L.L. No. 1-1996; 2-13-2003 by L.L. No.
1-2003]
B.
Application for a building permit shall be made to
the official inspection agency on forms provided by it and shall contain
the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building or structure.
(3)
The valuation of the proposed work.
(4)
The signature of the applicant or agent.
(5)
The full name and address of the owner and of the
applicant, and the full names and addresses of their responsible officers
if any of them are corporations, and the name and address of the owner's
authorized agent, if any.
(6)
A brief description of the nature of the work.
(7)
Such other information as may reasonably be required
by the inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances, rules
and regulations and the Zoning Law of the Town of Greenfield,[1] which zoning compliance shall be the Town's responsibility.
C.
The application shall be made by the owner or by his
agent, 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
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application, and the affidavit shall contain
a statement that the owner authorizes the applicant to permit the
inspector to enter upon the premises without a search warrant.
D.
Each application for a building permit shall be accompanied
by duplicate copies of specifications, including a plot plan drawn
to scale, showing location and size of all proposed new construction
and all existing structures on the site, the nature and the character
of the work to be performed and the materials to be incorporated,
distances from lot lines, walks and alleys, and details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential data. In addition, applications including installation
or alteration of a septic system shall include duplicate copies of
the information described in Appendix A310.3.[2] Plans and specifications shall bear the signature of the
person responsible for the design and drawings.
[Amended 2-13-2003 by L.L. No. 1-2003]
[2]
Editor's Note: Appendix A310.3, is included
at the end of this chapter.
E.
Any residential dwelling and/or residential addition,
plus any commercial business and industrial building, will require
submitted plans, including a New York State licensed professional
engineer or architect approval, before a building permit will be issued.
[Amended 2-8-1996 by L.L. No. 1-1996; 2-13-2003 by L.L. No.
1-2003]
(1)
The submitted plans must have a statement from the
design professional that the building design meets or exceeds the
New York State Energy Conservation Construction Code and the Building
Code of New York State. This statement is to appear on each sheet
of design plans and shall be stamped and signed by the design professional.[3]
[3]
Editor's Note: Former Subsection E(2), concerning certification
of compliance, which immediately followed this subsection, was repealed
9-28-2011 by L.L. No. 1-2011.
F.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Town
of Greenfield and with the inspector, and approval shall be received
from the inspector prior to the commencement of such change of work.
G.
The inspector shall examine or cause to be examined
at no cost to the Town all applications for permits and the documents
filed therewith. He shall then approve or disapprove the application.
H.
Upon approval of the application and upon receipt
of the fees therefor, the designated inspection agency shall issue
a building permit to the applicant upon forms prescribed by it and
shall file a copy with the Town of Greenfield.
I.
If the application, together with other documents
filed therewith, describes work which does not conform to all of the
requirements of the applicable building regulations, the inspector
shall disapprove the same. Upon request of the applicant, the inspector
shall cause the refusal, together with the reasons therefor, to be
transmitted to the applicant in writing.
J.
Term of building permits; extensions.
[Amended 2-8-1996 by L.L. No. 1-1996; 9-10-1998 by L.L. No.
3-1998; 2-13-2003 by L.L. No. 1-2003]
(1)
A building permit shall be effective to authorize
the commencing of work for a period of one year after the date of
issuance. For good cause, the inspector may allow extensions of building
permits for periods not exceeding six months each at a rate of 50%
of the original permit fee per extension. Garage, outbuilding, deck
and HVAC permits shall be effective for a period of six months after
the date of issuance. For good cause, the inspector may allow extension
of these building permits for periods not exceeding three months each
at a rate of 50% of the original permit fee but not less than $25
per extension. Notwithstanding the foregoing, building permits for
swimming pools shall be effective for a period of 30 days after the
date of issuance; for good cause, the inspector may allow extensions
for swimming pool building permits not exceeding 15 days each at a
rate of 50% of the original permit fee but not less that $25 per extension.
All work shall conform to the approved application and shall be in
accordance with applicable laws, ordinances, rules and regulations.
[Amended 5-8-2008 by L.L. No. 1-2008]
K.
A building permit shall be prominently displayed on
the job site at all times during the progress of the work so as to
be readily seen from adjacent thoroughfares.
L.
The inspector may revoke a permit in the following
instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application or other
documents on which the building permit was based.
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with applicable
law.
(3)
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the applicable law and
provisions of the application.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
inspector.
M.
No person, firm or corporation shall commence the
construction, alteration, enlargement or improvement of a driveway
entering onto a Town road, or cause the same to be done, without first
obtaining a driveway permit from the Town Highway Superintendent.
Applications for driveway permits shall be made on forms provided
by the Town of Greenfield and shall contain such information as per
Appendix A310.1.[4] Driveways must be constructed in accordance with the requirements
set forth by the Town of Greenfield on the driveway permit application
form.
[Added 2-8-1996 by L.L. No. 1-1996;
amended 2-13-2003 by L.L. No. 1-2003]
[4]
Editor's Note: Appendix A310.1 is included
at the end of this chapter.
A.
Inspection
required for issuance of certificate of compliance; work to be accessible.
[Amended 9-8-2011 by L.L. No. 1-2011]
(1)
Before issuing a certificate of occupancy, the official inspection
agency shall examine or to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, alter, enlarge, repair or change the use or nature of
occupancy, and may conduct such inspections, listed below, as it 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
by the official inspection agency a record of all such inspections
and examinations, together with a record of findings of violations
of law, and copies of the same shall be filed with the Town of Greenfield.
(2)
Work shall remain accessible and exposed until inspected and accepted
by the Code Enforcement Officer or by an inspector authorized by the
Code Enforcement Officer. The permit holder shall notify the Code
Enforcement Officer when any element or work, as applicable, described
below is ready for inspection.
(a)
Work site prior to the issuance of a building permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Building systems, including underground and rough-in;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys, flues, or gas
vents;
(i)
Energy Code compliance; and
(j)
A final inspection after all work authorized by the building
permit has been completed.
B.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code. Such inspections may be made at any reasonable time.
C.
If entrance to make an inspection is refused or cannot
be obtained, the Town of Greenfield, after being notified by the inspector
of the situation, may apply to any court of competent jurisdiction
for a warrant to make an inspection.
D.
The periodic inspections to meet compliance with the
above-mentioned provisions shall be agreed upon between the governing
body and the official inspection agency.[1]
[1]
Editor's Note: Former Subsection E, added 8-10-1989 by L.L.
No. 4-1989, concerning requirements upon observation of groundwater,
which immediately followed this subsection, was repealed 9-8-2011
by L.L. No. 1-2011.
[Amended 12-28-1988 by L.L. No. 10-1988]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law
or ordinance, as well as any rules or regulation promulgated by the
municipality in accordance with applicable laws, or fail in any manner
to comply with a notice or directive or order of the municipality,
or to construct, alter, use or 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 within the time fixed for compliance therewith, and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any person taking part or assisting
in the construction or use of the building who shall knowingly violate
any of the applicable provisions of law or any lawful order, notice,
directive, permit or certificate of the inspector made thereunder,
shall be punishable by a fine or imprisonment, or both. Each week
that a violation continues shall be deemed a separate offense.
C.
Whenever the designated inspector finds that there
has been a violation of the State Uniform Code, this chapter or any
rule or regulation adopted pursuant to this chapter, a violation order
shall be issued to the person or persons responsible by the issuing
inspector.
D.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
E.
Violation orders may be served by personal service;
by mailing by registered or certified mail; or by posting a copy thereof
in a conspicuous place on the premises and by mailing a copy thereof
to the premises on the same day as posted, enclosed in a prepaid wrapper
addressed to the person responsible.
F.
In case the owner, lessor, occupant or the agent of
any of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified, legal action shall
be taken by the Town of Greenfield.
A.
Failure to comply with any provision of the New York
State Uniform Fire Prevention and Building Code, this chapter, rules
or regulations adopted pursuant to this chapter or a violation order
shall be deemed a violation and the violator shall be liable for a
fine of not more than $1,000 or imprisonment not to exceed one year,
or both, and each week such violation continues shall constitute a
separate violation.
[Amended 12-28-1988 by L.L. No. 10-1988]
B.
An action or proceeding in the name of the Town of
Greenfield may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the Uniform Code, this chapter, any rules or regulations
adopted pursuant to this chapter or a violation order, or to vacate
the occupancy or building in the case of imminent danger to life or
property. Such remedy shall be in addition to penalties otherwise
prescribed by law.
C.
Except as otherwise provided by law, such 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 creditability as a witness, or otherwise, of any person found
guilty of such an offense.
The inspector, upon showing of proper credentials
and in the discharge of his duties, shall be permitted to enter upon
any building, structure or premises, without interference, during
reasonable working hours.
A.
Any duly appointed inspector which is hereby authorized
by the Town of Greenfield to make inspections and reinspections of
all buildings and structures under construction, subject to the provisions
of the New York State Fire Prevention and Building Code, and to approve
and disapprove the same, will do so at no cost or expense of such
inspections or reinspections against the Town of Greenfield.
B.
A copy of the fee schedule will be kept on file with
the Town of Greenfield and a copy will be part of the application
packet.
C.
Where applicable, the cost for the professional engineer's
approval will be assumed by the applicant.
D.
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 work has commenced. If work has
been started and the application is not approved, the fees paid shall
not be refunded.
E.
The cost estimate for all existing buildings or structures
subject to periodic fire prevention inspections will be reviewed with
the local Board of the Town of Greenfield on an annual basis.
F.
Payment schedule for the fees addressed above can
be remitted quarterly.
[Amended 11-12-2009 by L.L. No. 2-2009]
Whenever the inspector has reasonable grounds
to believe that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinances,
rules or regulations or not in conformity with the provisions of an
application or in an unsafe and dangerous manner, he shall notify
the owner of the property or the owner's agent to suspend all work
and suspend all building activities until the stop order has been
rescinded. Such order and notice shall appear 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
where the work is being performed and sending a copy of the same to
him by certified mail at the address set forth in the application
for the permission for construction of such building.
[Amended 9-8-2011 by L.L. No. 1-2011]
A.
Certificates of occupancy or certificates of compliance required.
A certificate of occupancy or a certificate of compliance shall be
required for any work which is the subject of a building permit and
for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or a certificate of
compliance.
B.
Issuance of certificates of occupancy or certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or a certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or a certificate
of compliance. In addition, where the Uniform Building Code requires
special inspections, the following documents, prepared in accordance
with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy
or certificate of compliance, shall be provided to the Code Enforcement
Officer prior to the issuance of the certificate of occupancy or certificate
of compliance:
C.
Contents of certificates of occupancy or certificates of compliance.
A certificate of occupancy or a certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
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 safely, 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. For good cause
the temporary certificate may be renewed once for a maximum of three
additional months. 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.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or a certificate
of compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
A.
The official inspection agency shall keep permanent
official records of all transactions and activities conducted by it,
including all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by the municipality and notices and orders
issued. All such reports shall be public information, open to public
inspection during normal business hours at the Greenfield Town Hall.
B.
The official inspection agency shall annually submit
to the Town of Greenfield a written report of all business conducted.
A.
A Board of Review has been established for the purpose
of granting variances where enforcement of any provision or requirement
of the New York State Uniform Fire Prevention and Building Code results
in practical difficulties or unnecessary hardships. Any such variation
shall be consistent with the spirit of the code.
[Amended 12-28-1988 by L.L. No. 10-1988]
B.
The Board of Review is composed of five members, one
of whom is a registered architect licensed to practice in this state,
one of whom is a professional engineer licensed to practice in this
state, one of whom has a background in building code enforcement,
one of whom has a background in fire prevention and one of whom is
a businessman or a lawyer. One of the five members, in addition, is
a local government official.
C.
Each member of the Board of Review has been appointed
by the Secretary of State and shall serve a term of three years.
D.
The Board of Review shall have the power:
(1)
To vary or modify, in whole or in part, any provision
or requirement of the Uniform Code in cases where strict compliance
with such provision or requirement would entail practical difficulties
or unnecessary hardship or would otherwise be unwarranted; provided,
however, that any such variance or modification will not substantially
adversely affect provisions for health, safety and security and that
equally safe and proper alternatives are prescribed.
(2)
To hear and decide appeals from and review any order
or determination, or the failure within a reasonable time to make
any such order or determination by an administrative official charged
with the enforcement of or purporting to enforce the Uniform Code.
E.
The Town of Greenfield and the official inspection
agency shall obtain a copy of the Board of Review's decision for its
records.
