[Amended 11-7-2012 by Ord. No. 2012-13; 6-5-2013 by Ord. No.
2013-15]
A. Code Enforcement officer.
(1) The Office of Code Enforcement Officer is hereby created. The Office
of Code Enforcement Officer shall be the Department of Planning, Building,
and Development. The Code Enforcement Officer shall administer and
enforce all the provisions of the Uniform Code, the Energy Code and
this chapter. The Director of Planning and Development or the Director
of Code Enforcement if so designated by the Director of Planning and
Development shall be the Code Enforcement Officer for the City of
Ithaca.
(2) Notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement or other participation of the "Building Department" shall be invested in and associated with the Department of Planning, Building, and Development, wherein the Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall serve as the Code Enforcement Officer as specified in Chapter
146 of the City Code.
B. Director of Planning and Development. The Director of Planning and
Development or the Director of Code Enforcement if so designated by
the Director of Planning and Development 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 Director of Planning and Development or the Director of Code
Enforcement if so designated by the Director of Planning and Development
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder. In
the event that the Director of Code Enforcement is unable to serve
as such for any reason, an individual shall be appointed by the City
Manager to serve as Acting Director of Code Enforcement. The Acting
Director of Code Enforcement shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred
upon the Director of Code Enforcement by this chapter.
[Amended 11-3-2021 by Ord. No. 2021-09]
C. Code enforcement personnel. The Director of Planning and Development
may appoint, with the approval of the Common Council, one or more
Deputy Directors of Code Enforcement, Senior Plan Examiners, Plan
Review Officers, Code Inspectors, Building Inspectors, Housing Inspectors
and other code enforcement personnel as necessary to work under his/her
supervision and to assist the Director of Planning and Development
in the exercise of the powers and fulfillment of the duties conferred
upon the Director of Planning and Development by this chapter. Each
code enforcement personnel 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 code enforcement personnel
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
D. Plumbing Inspector. The Plumbing Inspector, under the supervision
of the Superintendent of Public Works, shall inspect all plumbing
work within the jurisdiction of this chapter and determine its compliance
with the plumbing standards in effect in this City.
E. Electrical Inspector. The Electrical Inspector, under the supervision
of the Director of Planning and Development, shall inspect all electrical
installations within the jurisdiction of this chapter and determine
their compliance with all applicable electrical codes and standards
in effect in the City of Ithaca.
F. Enforcement.
(1) The Director of Planning and Development or his/her designee shall
be responsible for the enforcement of the New York State Uniform Fire
Prevention and Building Code, hereafter referred to as the "Uniform
Code," the New York State Energy Conservation Construction Code, the
City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Ithaca Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter
181).
[Amended 5-5-2021 by Ord. No. 2021-02]
(2) The Director of Planning and Development or his/her designee shall
receive and examine all plans and specifications for proposed new
work, repairs, alterations, changes of use or removals and shall record
and file the same for safekeeping.
(3) The Director of Planning and Development or his/her designee shall
receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of completion, temporary
certificates of occupancy and the plans, specifications and construction
documents submitted with such applications.
(4) The Director of Planning and Development or his/her designee, upon
approval of such applications, shall issue building permits, certificates
of occupancy, certificates of completion and temporary certificates
of occupancy, and include in building permits, certificates of occupancy,
certificates of completion and temporary certificates of occupancy
such terms and conditions as the Code Enforcement Officer may determine
to be appropriate.
(5) The Director of Planning and Development or his/her designee shall
have the authority to conduct construction inspections, inspections
to be made prior to the issuance of certificates of occupancy, certificates
of completion and temporary certificates of occupancy, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter.
(6) The Director of Planning and Development or his/her designee shall
have the authority to issue stop-work orders.
(7) The Director of Planning and Development or his/her designee shall
have the authority to review and investigate complaints.
(8) The Director of Planning and Development or his/her designee shall
have the authority to issue compliance orders.
(9) The Director of Planning and Development or his/her designee shall
have the authority to collect all applicable fees as set by this chapter.
(10) The Director of Planning and Development or his/her designee shall
have the authority to pursue administrative enforcement actions and
proceedings.
(11) The Director of Planning and Development or his/her designee shall
have the authority 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.
(12) The Director of Planning and Development or his/her designee shall
have the authority to exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
G. Records.
(1) The Director of Planning and Development or his/her designee shall
maintain records of all building operations and particulars thereof
in his/her jurisdiction.
(2) All such records, together with all drawings, specifications, statements,
etc., so filed, shall be considered public records and shall be open
for inspection at reasonable times, but the copying of any drawing,
specification or part thereof without the consent of the architect,
engineer or owner of the structure is hereby forbidden.
H. Right to enter buildings. The Director of Planning and Development
or the authorized representatives of the Director of Planning and
Development shall have the right of entry, at all reasonable hours,
to any building or site where work is contemplated or being done under
the provisions of this chapter, or to any building alleged to be unsafe
to life or health, upon the exhibition of proper evidence of authority;
and interference with such authorized entry in an official capacity
shall be punishable as a violation of this chapter.
I. Inspection of buildings. The Director of Planning and Development
or his/her designee shall examine all buildings upon which or within
which work is being done under the provisions of this chapter as often
as practicable during the progress of the work; and particularly,
the Director of Planning and Development shall visit as often as may
be necessary all construction, alteration or removal jobs where a
special hazard to public safety may be involved and shall promptly
follow up all complaints, inquiries and discrepancies occurring in
connection with the building operation under his/her jurisdiction.
J. Issuance of appearance tickets. The Director of Planning and Development
or his/her designee is authorized to issue appearance tickets in accordance
with Article 150 of the New York State Criminal Procedure Law.
K. Compliance orders.
(1) The Director of Planning and Development or his/her designee is authorized
to order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement,
or this chapter. Upon finding that any such condition or activity
exists, the Director of Planning and Development or his/her designee
shall issue a compliance order. Time for compliance with order to
remedy shall be fixed at 30 days following the date of such order
to remedy. The compliance order shall:
[Amended 5-5-2021 by Ord. No. 2021-02; 12-7-2022 by Ord. No. 2022-07]
(b)
Be dated and signed by the Director of Planning and Development
or his/her designee;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Direct that compliance be achieved within the specified period
of time; and
(f)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2) The Director of Planning and Development or his/her designee shall
cause the compliance order, or a copy thereof, to be served on the
owner of the affected property personally or by registered mail. The
Director of Planning and Development or his/her designee shall be
permitted, but not required, to cause the compliance order, or a copy
thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being performed at the
affected property personally or by registered mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
[Amended 6-5-2013 by Ord. No. 2013-15; 5-5-2021 by Ord. No. 2021-02; 12-7-2022 by Ord. No. 2022-07]
A. Certificate of occupancy. A certificate of occupancy shall be required
for all structures, buildings, or portions thereof, which are newly
constructed or are converted from one use or occupancy classification
or subclassification to another use or occupancy or subclassification.
Permission to use or occupy a newly constructed or converted building
or structure or portion thereof shall be granted only by the issuance
of a certificate of occupancy.
B. Certificate of completion. A certificate of completion shall be required for any work which is the subject of a building permit, other than building permits issued for projects subject to the provisions of Subsection
A of this section.
C. Issuance of certificates of occupancy and certificates of completion.
The Director of Planning and Development or authorized code enforcement
personnel shall issue a certificate of occupancy or certificate of
completion if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and
the City of Ithaca Zoning Ordinance and/or, if applicable, that the
structure, building or portion thereof that was converted from one
use or occupancy classification or subclassification to another complies
with all provisions of the Uniform Code, the Energy Code, the Ithaca
Energy Code Supplement and the City of Ithaca Zoning Ordinance. The
Code Enforcement Officer shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of completion. The Code Enforcement Officer shall, where applicable,
verify the affixation of the appropriate seals, insignias, and manufacturer's
data plates as required for factory manufactured buildings and/or
manufactured homes. In addition, where applicable, the following documents
prepared in accordance with the provisions of the Uniform Code or
other requirements set forth by applicable Code or provisions of this
chapter 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 a certificate of occupancy or a certificate of completion
shall be received and reviewed by the Code Enforcement Officer to
determine such information adequately demonstrates compliance with
applicable provisions of the relevant codes prior to the issuance
of the certificate of occupancy or certificate of completion:
(1) An application on a form provided by the Building Department stating
the final project cost, and submitted at least seven working days
before the certificate is desired;
(2) All certifications and/or approvals required by the code enforcement
personnel;
(3) A written statement of structural observations and/or a final report
of special inspections;
(4) Flood hazard certifications; and
(5) Written statements of the results of tests performed to show compliance
with the Energy Code.
D. Contents of a certificate of occupancy or certificate of completion.
A certificate of occupancy or certificate of completion shall contain
the following information:
(1) The building permit number;
(2) The date of issuance of the building permit;
(3) The name, address and Tax Map number of the property;
(4) If the certificate of occupancy or certificate of completion is not
applicable to the entire structure, a description of that portion
of the structure for which the certificate is being 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 or any variances pertaining thereto;
(10)
The signature of the Director of Planning and Development or
authorized code enforcement personnel issuing the certificate of occupancy
or certificate of completion and the date of issuance.
E. Temporary certificates.
(1) The Director of Planning and Development or authorized code enforcement
personnel 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 a temporary certificate be issued
unless the Code Enforcement Officer determines that:
(a)
The building or structure or portion thereof covered by the
temporary certificate may be occupied safely;
(b)
Any required fire- and smoke-detecting or fire protection equipment
has been installed, tested, and is operational;
(c)
All required means of egress from the building or structure
have been provided; and
(d)
For projects subject to site plan review, all improvements required
by the site plan approval, including any conditions placed on such
approval, are installed, or until a sufficient guaranty, in the form
of a performance bond, letter of credit, or other security is in place.
(2) 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. 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.
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, the Energy Code, the Ithaca Energy Code Supplement, the City
of Ithaca Zoning Ordinance and the conditions of site plan approval, if any, and any additional requirements set forth by applicable Code or provisions of this chapter. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in §
146-5K at the discretion of the Code Enforcement Officer.
F. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or certificate
of completion 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, the Code Enforcement Officer
shall revoke or suspend the certificate.
G. Fees. The fee specified in or determined in accordance with the provisions
set forth in § 146- 5K must be paid at the time of the submission
of an application for a certificate of occupancy or certificate of
completion or temporary certificate of occupancy.