[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.
[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.
[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;
(3) Preparation for concrete slab;
(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.
The Fire Chief shall notify the Code Enforcement
Official of any fire or explosion involving any structural damage,
fuel burning appliance, chimney or gas vent.
Unsafe structures and equipment shall be secured, demolished or removed in accordance with Chapter
118, Buildings, Unsafe, of the Code of the Town of Tully.
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.
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.
[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.