Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 11-20-1984; as amended 6-20-2001 by L.L. No. 3-2001 and 2-15-2006 by L.L. No. 1-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 25.
Numbering of buildings — See Ch. 52.
Unsafe buildings — See Ch. 56.
Condominium conversions — See Ch. 65.
Drainage — See Ch. 84.
Electrical standards — See Ch. 94.
Fire prevention — See Ch. 119.
Flood damage prevention — See Ch. 125.
Parking — See Ch. 183.
Plumbing — See Ch. 198.
Property maintenance — See Ch. 205.
Subdivision of land — See Ch. 245.
Zoning — See Ch. 295.
Fees — See Ch. A301.
There is hereby adopted by the Town Board of the Town of Henrietta, New York, for the purpose of prescribing regulations governing building construction and conditions hazardous to life and property from fire, explosion or other causes, the regulations and standards as set forth in the New York State Uniform Fire Prevention and Building Code (henceforth referred to as the "Uniform Code").
A. 
There is hereby established in the Town of Henrietta a department, to be designated as the "Department of the Fire Marshal/Building Inspector," for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders 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 Henrietta.
B. 
The Department of the Fire Marshal/Building Inspector shall be headed by a Town official designated as the "Fire Marshal/Building Inspector."
[Amended 11-16-2016 by L.L. No. 2-2016[1]]
The Fire Marshal/Building Inspector shall be appointed by the Town Board for a term of two years at a compensation to be fixed by the Town Board. He shall not be removed from office except for cause after hearing on specific charges before the Town Board.
[1]
Editor's Note: This local law, changing the term of office from one year to two years, provided that it shall take effect 1-1-2018.
The Town Board may appoint one or more Assistant Building Inspectors, as the need may appear, to exercise, pursuant to the provisions of this chapter, any or all of the duties of the Fire Marshal/Building Inspector. The compensation of such Assistant Building Inspectors shall be fixed by the Town Board.
In the absence of the Fire Marshal/Building Inspector or in the 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.
No official or employee of the Department of the Fire Marshal/Building Inspector shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.
A. 
The Uniform Code and this chapter shall be administered and enforced by the Fire Marshal/Building Inspector.
B. 
The Fire Marshal/Building Inspector shall issue appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations.
C. 
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Fire Marshal/Building Inspector shall administer and enforce all the provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereof.
D. 
The Department of the Fire Marshal/Building Inspector shall be headed by a Town official designated as the Fire Marshal/Building Inspector. The Fire Marshal/Building Inspector may be assisted by one or more Assistant Building Inspectors who shall have the power to act generally for and on behalf of the Fire Marshal/Building Inspector. Additionally, the Fire Marshal/Building Inspector may be assisted by one or more other employees as may be deemed necessary to carry out the functions of the office.
E. 
The Fire Marshal/Building Inspector shall receive and review permit applications, together with applicable drawings and other documents as may be required, and shall issue permits for the construction, installation, alteration, repair, removal and demolition of buildings, structures or portions or accessories thereof and for equipment, plumbing, electrical and other appurtenances thereof. He or she shall inspect the premises for which such applications have been received or such permits have been issued for the purpose of assuring compliance with all applicable laws, codes, ordinances, rules and regulations. The Fire Marshal/Building Inspector shall issue certificates of occupancy for the purpose of certifying that the work has been completed.
F. 
The Fire Marshal/Building Inspector may require the performance of field or laboratory tests by qualified persons, service bureaus, agencies or accredited and authoritative testing laboratories whenever he or she may deem it necessary or appropriate to assure compliance with the provisions of applicable laws, codes, ordinances, standards, specifications, rules and regulations.
G. 
The appropriate code enforcement officials shall be notified as soon as practicable of all working fires which involve structural damage which affects the continued occupancy of the premises or where such fire causes the death or serious injury of any person.
H. 
The Fire Marshal/Building Inspector shall be authorized to recommend qualifications, training programs and criteria for the certification of inspectors should it be deemed necessary or appropriate.
I. 
The Fire Marshal/Building Inspector is also responsible for the enforcement of all parking requirements in the Town of Henrietta.
A. 
The Fire Marshal/Building Inspector shall keep permanent official records of all transactions and activities of the Department of the Fire Marshal/Building Inspector, 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 Fire Marshal/Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Department of the Fire Marshal/Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests and appeals or litigation pending.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Department of the Fire Marshal/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 Fire Marshal/Building Inspector on forms provided by the Department of the Fire Marshal/Building Inspector 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 of the building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address 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.
(6) 
A duplicate set of plans and specifications, as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Fire Marshal/Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
C. 
Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work where such application is made by a person other than the owner. It shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale, showing the location and size of all proposed new 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 streets, walks and alleys and, where required by the Fire Marshal/Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
E. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
F. 
The Fire Marshal/Building Inspector may waive the requirement for filing plans.
G. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Fire Marshal/Building Inspector.
A. 
The Fire Marshal/Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, the Fire Marshal/Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Department of the Fire Marshal/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 Fire Marshal/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 of the requirements of the applicable building regulations, the Fire Marshal/Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Fire Marshal/Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
E. 
The Town shall not issue a building permit without obtaining from the permit applicant either:
(1) 
Proof duly subscribed that workers' compensation insurance and disability benefits coverage issued by an insurance carrier in a form satisfactory to the Chair of the Workers' Compensation Board as provided for in § 57 of the Workers' Compensation Law is effective; or
(2) 
An affidavit that such permit applicant has not engaged an employer or any employees as those terms are defined in § 2 of the Workers' Compensation Law to perform work relating to such building permit.
[Amended 2-18-2015 by L.L. No. 1-2015]
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 18 months after the date of its issuance.
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, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.
C. 
The Town Board may grant a permit extension where an extension would not conflict with the best interests of the Town, including the public health, safety and welfare. Application for an extension must include confirmation from the architect/engineer of record that the plans and specifications remain in compliance with the New York State Uniform Fire Prevention and Building Code in force at the time the extension is applied for.
D. 
Enforcement of building permits shall be administered by the Building and Fire Prevention Department.
See current schedule approved by the Town Board.
The Fire Marshal/Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds there has been any false statement or misrepresentation made 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 performed 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 Fire Marshal/Building Inspector.
A. 
Whenever the Fire Marshal/Building Inspector has reasonable grounds to believe that work on any building or structure is being performed 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 or otherwise contrary to a lawful direction or order given by any board, officer or official of the Town of Henrietta, including but not limited to the Fire Marshal/Building Inspector, he shall notify the owner of the property, the owner's agent or the person performing the work to 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 or any portion of the work being performed and by sending a copy of the same by registered mail.
B. 
Any person, firm or corporation found to be violating the provisions of the preceding subsection shall be guilty of a violation and, upon conviction thereof, shall be fined a minimum of $250 up to a maximum fine of $1,000 or imprisoned for not more than one year, or both.[1]
[1]
Editor's Note: Original § 14, Application for plumbing permits, which immediately followed this subsection, was deleted 6-20-2001 by L.L. No. 3-2001. See now Ch. 198, Plumbing, Art. II, Plumbing Permit.
Any employee of the Department of the Fire Marshal/Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Fire Marshal/Building Inspector.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Fire Marshal/Building Inspector.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Fire Marshal/Building Inspector.
A. 
Before issuing a certificate of occupancy, the Fire Marshal/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 or change the use or occupancy, and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained in the Department of the Fire Marshal/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 Fire Marshal/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 Fire Marshal/Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B. 
The certificates of occupancy shall certify that the work has been completed and that the proposed use and occupancy are 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.
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 and regulations, the Fire Marshal/Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.