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.
[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;
(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, 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.
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.
[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.
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.
[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:
(1) A written statement of structural observations and/or a final report
of special inspections; and
(2) Flood hazard certifications.
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.