[HISTORY: Adopted by the Town Board of the Town of Tully 11-8-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 118.
Environmental quality review — See Ch. 149.
Flood damage prevention — See Ch. 162.
Site plan review — See Ch. 225.
Subdivision of land — See Ch. 245.
Zoning — See Ch. 280.
[Amended 7-11-2007 by L.L. No. 3-2007]
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Town of Tully. This chapter is adopted pursuant to Article 18 of the Executive Law and § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other sections of this chapter, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
The Town Board may, by resolution, authorize the Supervisor to enter into a contract with other governments to carry out the terms of this chapter.
A. 
Position created; appointment. The office of Code Enforcement Official is hereby created and shall be administered by an appointee of the Town Board. The Code Enforcement Official shall be qualified and possess the training required by the State of New York or shall, within the time constraints prescribed by law, obtain such training as the State of New York shall require for code enforcement officials.
B. 
Acting Code Enforcement Official. In the absence of the Code Enforcement Official or in the case of his or her 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 behalf of the Code Enforcement Official and to exercise all the powers conferred upon such position by this chapter.
C. 
Appointment of Assistant Code Enforcement Official. The Supervisor, with the approval of the Town Board, may appoint one or more assistants, as the need may appear, to act under the supervision and direction of the Code Enforcement Official as directed by him or her.
D. 
Compensation. The compensation for the Code Enforcement Official, Acting Code Enforcement Official and Assistant Code Enforcement Officials shall be fixed and adjusted as deemed necessary by the Town Board.
E. 
Restrictions on officers and employees. No officer or employee of the Building Department shall engage in any activity inconsistent with his or her duties or inconsistent with the interests of the Building Department; nor shall an officer or employee, during the term of his or her office or 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 therefor within the Town of Tully. This provision shall not prohibit any officer or employee from engaging in such activities in connection with the construction of a building or structure owned by him/her and not constructed for sale.
F. 
Duties and powers of Code Enforcement Official. The Code Enforcement Official shall administer and enforce all the provisions of the New York State Uniform Fire Prevention and Building Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Code Enforcement Official is authorized to pursue administrative actions and, in consultation with the Municipal Attorney, legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter or other laws, rules or regulations of the Town of Tully or the State of New York.
[Amended 7-11-2007 by L.L. No. 3-2007]
A. 
Except as otherwise provided in § 136-4B hereof, a building permit shall be required for any work which must conform to the Uniform, the Code of Tully and/or this chapter, including, but not limited to, the construction, enlargement, alteration, conversion, improvement, removal, relocation or demolition of any building or structure or any portion thereof or install a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit.
B. 
No permit shall be required for:
(1) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters).
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses).
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground.
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool.
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids.
(6) 
Construction of temporary motion picture, television and theater stage sets and scenery.
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses).
(8) 
Installation of partitions or movable cases less than five feet nine inches in height.
(9) 
Painting, wallpapering, tiling, carpeting, installation of cabinets, counter tops or other similar finish work.
(10) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.
(11) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.
(12) 
Repairs which do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; and
(d) 
The removal from service of all or part of a fire protection system for any period of time.
A. 
The form of the permit and application therefor shall be prescribed by a resolution of the Town Board. The application shall be signed by the owner, or authorized agent, of the building or work and shall contain at least the following:
(1) 
The name and address of the owner.
(2) 
Identification or description of the land or premises on which the work is to be done, including Tax Map number and street address.
(3) 
A description of use or occupancy of the land and existing or proposed building, including occupancy classification.
(4) 
An identification and description of the proposed work.
(5) 
Estimated value of the proposed work.
(6) 
A statement that the work shall be performed in compliance with the Uniform Code, the construction documents set forth in Subsection B below, and applicable state and local laws, ordinances and regulations.
(7) 
A statement that the Code Enforcement Official shall be notified immediately in the event of changes occurring during construction.
B. 
At least two sets of construction documents (plans, drawings, and specifications) shall accompany such application. Construction documents shall not be accepted as part of an application for a building permit unless such documents:
(1) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(2) 
Indicate with sufficient clarity the nature and extent of the work proposed;
(3) 
Substantiate that the proposed work will comply with the Uniform Code; and
(4) 
Include a site plan that shows any existing and proposed structures on the site, including the location of any existing or proposed well or septic system, and indicates the location of the intended work as well as the distances between the structures and the lot lines.
A. 
The Code Enforcement Official shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith to ascertain whether proposed construction is in substantial compliance with the requirements of the Uniform Code, the Code of Tully and this chapter. He or she shall approve or disapprove the application within a reasonable time.
[Amended 7-11-2007 by L.L. No. 3-2007]
B. 
Upon approval of the application and upon receipt of the fees therefor, he or she shall issue a building permit to the applicant upon the form prescribed by him or her and shall affix his or her signature or cause his signature to be affixed thereto. The permit shall contain a statement directing that all work shall be performed in accordance with the construction documents submitted and accepted as part of the application. In addition, the permit shall include a directive that the permit holder shall immediately notify the Codes Enforcement Officer of any change occurring during the course of the work. If the Codes Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
[Amended 7-11-2007 by L.L. No. 3-2007]
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 Code Enforcement Official 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 Code Enforcement Official or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes work which does not conform to all of the requirements of the Uniform Code and applicable law, rules and regulations, the Code Enforcement Official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Code Enforcement Official shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. If the application is disapproved, the same may be resubmitted to the Code Enforcement Official within 60 days without payment of a new or additional fee, provided that no refund of the fee paid has been made to the disapproved applicant and provided that the new total value of the proposed work does not exceed the maximum valuation of the original application as determined by the amount of the fee paid.
A. 
A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a conditional certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive six-month periods, provided that:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(2) 
The relevant information in the application is up-to-date; and
(3) 
The renewal fee is paid.
B. 
A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that:
(1) 
The Code Enforcement Official 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;
(2) 
The Code Enforcement Official finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications;
(3) 
The person to whom a building permit has been issued fails or refuses to comply with a stop-work issued by the Code Enforcement Official; or
(4) 
The Code Enforcement Official has been denied entrance to the premises.
C. 
Building permits shall be visibly displayed at the work site and shall remain visible until the project has been completed.
A. 
Operating permits shall be required in connection with the following categories of activities and buildings:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (See 19 NYC Part 1225.);
(2) 
Hazardous processes and activities, including but not limited to, commercial and industrial combustible dust producing operations, fruit and crop ripening, and waste handling;
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Buildings which contain one or more areas of public assembly with an occupancy of 100 persons or more; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, including but not limited to special amusement buildings, covered mall buildings, buildings containing hazardous process manufacturing and temporary structures for assembly.
B. 
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that the quantities, materials, activities and occupancies are in conformance with the requirements of the Uniform Code. Tests or reports as necessary to verify conformance shall be required.
C. 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
D. 
A single operating permit may address more than one hazardous activity.
E. 
An operating permit may be renewed for a specified period consistent with local conditions. An operating permit for an area of public assembly may not remain in effect for a period exceeding one year between renewals.
F. 
Where activities or occupancies do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.
[1]
Editor's Note: See also § 136-21, Operating permits.
A. 
A fee schedule shall be established and amended as necessary by resolution of the Town Board. Such fees may be charged for the issuance of permits, certificates of occupancy, conditional certificates of occupancy and for firesafety inspections.
B. 
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 work has been commenced. If construction has been started and the application is not approved, the fees paid shall not be refunded
[Amended 7-11-2007 by L.L. No. 3-2007]
A. 
The progress of work for which a permit has been issued shall remain accessible and exposed until inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the Uniform Code, the Code of Tully and this chapter. The following elements of the construction process shall be inspected:
(1) 
Work site prior to the issuance of a permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
B. 
The inspection shall be made by the Code Enforcement Official, or in particular instances, in the Code Enforcement Official's discretion and at the expense of the owner, by a registered architect or licensed professional engineer of this state.
C. 
It shall be the duty and responsibility of the owner or authorized agent to inform the Code Enforcement Official that the work is ready for each phase of inspection.
D. 
After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code, the Code of Tully or this chapter. Construction work not in compliance shall be required to remain exposed until it has been brought into compliance, been reinspected and been found satisfactory completed.
[Amended 7-11-2007 by L.L. No. 3-2007]
A. 
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 structure or a 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 a certificate of occupancy or a certificate of compliance shall be preceded by an inspection of the building, structure or work. Where applicable, a written statement of structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code, the Code of Tully and this chapter, must be received prior to the issuance of the certificate. Also, where applicable, flood hazard certifications, prepared in accordance with the Uniform Code, must be received prior to the issuance of the certificate. A certificate of occupancy or certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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 official issuing the certificate and the date of issuance.
C. 
A certificate allowing temporary occupancy of a structure may not be issued prior to the completion of the work which is the subject of a building permit unless the structure or portions thereof may be occupied safely, any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and all required means of egress from the structure have been provided. The effectiveness of a temporary certificate shall be limited to a specified period of time during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code, the Code of Tully and this chapter.
D. 
A certificate of occupancy or certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant deficiencies are not corrected within a specified period of time.
A. 
All building and premises to which the Uniform Code applies shall be inspected periodically for compliance with the provisions of the Code, except owner-occupied one- and two-family dwellings, agricultural buildings and other buildings and premises which by statute, rule, regulation, or other lawful authority may from time to time be legally exempt from such inspection under the Uniform Code, which exemptions are deemed incorporated in this chapter by reference without further amendment; provided, however, that:
[Amended 7-11-2007 by L.L. No. 3-2007]
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, but in no event shall such intervals exceed one year for dormitory buildings and three years for all other buildings.
(3) 
This exception shall not be a limitation on inspections conducted at the invitation of the owner or where conditions on the premises threaten or present a hazard to public health, safety, or welfare.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Official may apply for a warrant to make an inspection to any court of competent jurisdiction.
C. 
Such inspection shall be performed by the Code Enforcement Official or in particular instances, in the Code Enforcement Official's discretion and at the expense of the owner, by a registered architect or licensed engineer of this state.
A. 
Bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for administration and enforcement of the code shall be addressed as follows:
B. 
The complainant shall report such condition or activity to the Code Enforcement Official, on a form prescribed by him.
C. 
The Code Enforcement Official shall, within 30 days, inspect such condition and/or activity alleged to be in violation of the code or of the laws and/or regulations adopted for administration and enforcement of the code.
D. 
The Code Enforcement Official shall issue a written report on such complaint and inspection and submit it to the Town Board and, by first-class mail, to the complainant within 10 days of completion of the inspection.
E. 
In the event that such condition and/or activity is, in fact, in violation of the Uniform Code or of the laws and/or regulations adopted for administration and enforcement of the code, the Code Enforcement Official shall take such corrective measures as authorized by the Uniform Code, by 19 NYCRR Part 1203, and by this chapter.
A request for a variance from the Uniform Code and an appeal to review a determination of or failure to render a determination by the Code Enforcement Official (or by the architect or engineer) shall be submitted to the appropriate board of review as provided by state regulation.
A. 
Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any buildings or premises, the Code Enforcement Official shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and may provide such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by certified or by registered mail.
B. 
In addition to those penalties prescribed by state law, any person, firm or corporation who violates any provision of the Uniform Code or any rule or regulation of this chapter or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official shall be liable to a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Tully by the Town Board on its own initiative or at the request of the Code Enforcement Official.
C. 
As an alternative or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or to enforce any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official.
Whenever the Code Enforcement Official has reason 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 and 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-work order has been rescinded. Such order shall state 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 premises or by sending a copy of the same to him by certified or registered mail at the address set forth in the application for the permission of the construction of such building.
A permit for installation of a solid fuel burning heating appliance, chimney, and flue in any dwelling unit shall be obtained as provided in § 136-4 of this chapter. If the Code Enforcement Official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Town Board. A violation of this section and of Subdivision 5 of Section 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
A. 
The Code Enforcement Official shall keep permanent official records of all transactions and activities conducted by him or her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him or her with the consent of the Town Board and notices and orders issued. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures or appurtenances thereto shall be retained for at least the minimum time period so required by state law and regulation.
B. 
The Code Enforcement Official shall submit to the Town Board quarterly a written report containing such information as the Town Board shall prescribe by resolution, including, but not limited to a summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
C. 
The Town Board shall annually submit to the Secretary of State, on a form prescribed by the Secretary, a report of its activities relative to the administration and enforcement of the Uniform Code.
[Added 7-11-2007 by L.L. No. 3-2007]
A. 
An operating permit shall be required for conducting the activities or using the categories of buildings listed below:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(2) 
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;
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Building containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code.
B. 
An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Codes Enforcement Officer. Such application shall include such information as the Codes Enforcement Officer deems sufficient to permit a determination by the Codes Enforcement Officer that proposed or existing quantities, materials, and activities will conform or continue to conform to the requirements of the Uniform Code, the Code of Tully and this chapter. If the Codes 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 Codes Enforcement Officer, at the expense of the applicant.
C. 
The Codes Enforcement Officer or an inspector authorized by the Codes Enforcement Officer shall inspect the subject premises prior to the issuance of a operating permit.
D. 
In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Codes Enforcement Officer may require a separate operating permit for each such activity, or the Codes Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Codes Enforcement Officer to be consistent with local conditions. 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 Codes Enforcement Officer, payment of the applicable fee, the completion and/or receipt of any inspection(s), report(s) or other due diligence deemed necessary by the Codes Enforcement Officer, and approval of such application by the Codes Enforcement Officer.
F. 
If the Codes 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, the Code of Tully or this chapter, such operating permit shall be revoked or suspended.