This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. This chapter is
adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter. This chapter is intended to supersede and replace Local Law
No. 1 of 1985, which was adopted for the same purpose, and all subsequent
amendments thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
74-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
74-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
TOWN
The Town of Chautauqua.
TOWN BOARD
The Town Board of the Town of Chautauqua.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Amended 7-11-2011 by L.L. No. 2-2011]
A. Work to remain accessible and exposed. 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, or, in the case of electrical inspectors, by an inspector approved by the Town Board pursuant to Subsection
D of this section. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection
B of this section is ready for inspection.
B. Elements
of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1) Work site prior to the issuance of a building permit;
(3) Preparation for concrete slab;
(5) Building systems, including underground and rough-in (i.e., electrical,
plumbing, and HVAC);
(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.
C. Inspection
results. 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
or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
D. Electrical inspections.
[Amended 9-12-2016 by L.L. No. 4-2016]
(1) Any agency or person desiring to conduct electrical inspections in
the Town of Chautauqua shall, prior to performing any such inspections,
obtain the approval of the Town Board. An application for approval
shall be submitted to the Code Enforcement Officer along with documentation
that any inspector who would perform inspections in the Town:
(a)
Is currently certified as a New York State Code Enforcement
Officer and either:
[1] Certified by the International Association of Electrical Inspectors
and has passed that organization’s national testing requirement;
or
[2] An electrical engineer licensed in New York State.
(b)
Has in place a certificate of insurance naming the Town of Chautauqua
as an additional insured for no less than $1,000,000.
(2) Electrical inspection reports shall be submitted to the Code Enforcement
Officer within two weeks of the inspection date, and shall include
the correct owner information and building permit number.
(3) Upon the recommendation of the Code Enforcement Officer, the Town Board may suspend approval for any inspector who fails to provide timely and complete inspection reports or who otherwise does not comply with the requirements of §
74-5D. The Code Enforcement Officers shall not accept inspection reports from any inspector so suspended until his approval has been reinstated by the Town Board after formal request made by the inspector with proof of correction.
The chief of any fire department providing firefighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
74, Fire Prevention and Building Construction, of this Code, as now in effect or as hereafter amended from time to time.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in §
74-3 of this chapter. If the 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 § 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law, ordinance or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include
such of the following steps as the Code Enforcement Officer may deem
to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
74-16, Violations, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
Violations of this chapter shall be identified and addressed in accordance with the procedures established by Chapter
145, Enforcement Procedures, of this Code, as now in effect or as hereafter amended from time to time.
A fee schedule shall be established by resolution
of the Town Board. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
The Town Board may, by resolution, authorize
the Supervisor of this Town to enter into an agreement, in the name
of this Town, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.