This article shall be known and may be cited as the "Fire Prevention
and Building Code Law of the Village of Menands."
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 in the Village
of Menands or cause the same to be done without first obtaining from the Building
Inspector of the Village of Menands his approval of plans and specifications
submitted, the issuance of a separate building permit in compliance with and
pursuant to the applicable provisions of the New York State Uniform Fire Prevention
and Building Code and this article for each such building or structure and
posting the same in a conspicuous place on the premises, except that no building
permit shall be required for the performance of ordinary repairs or alterations
to existing buildings which are not structural in nature or do not contemplate
the changing or removal of any staircase or the alteration of any drainage
system. Notwithstanding the foregoing, no such alterations of existing buildings
costing $10,000 or more or affecting firesafety features or involving the
installation or extension of electrical systems or the installation of solid-fuel-burning
heating appliances or chimneys or flues associated therewith may be made without
a building permit therefor.
In the absence of the Building Inspector or in the case of his inability
to act for any reason, the Mayor shall have the power, with the consent of
the Village Board, to designate a person to act in his behalf and to exercise
all of the powers conferred upon him by this article.
The Building Inspector shall keep permanent official records of all
transactions and activities of his office, including all applications received,
permits and certificates issued, fees charged and collected and inspection
reports, notices and orders issued.
The Building Inspector may request and shall receive, so far as may
be necessary in the discharge of his duties, the assistance and cooperation
of the Police and Fire Departments of the Village and of all other municipal
officials exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
Structures hereafter erected or altered without permit or not in conformity
with this article shall be subject to removal.
No building or structure shall be moved until a permit therefor has
been obtained from the Building Inspector, and such official shall not issue
such permit if, in his judgment, the proposed new location would seriously
increase the fire hazard of the surrounding buildings.
Fees for the issuance of building permits and certificates of occupancy
shall be as established by the Board of Trustees of the Village by its resolution
and amended from time to time. Such fees shall be paid to the Building Inspector
at the time of application for such permit.
The Building Inspector, anyone acting on his behalf or any member of
the Village Fire Company duly authorized by the Bureau of Fire Prevention
or said Building Inspector so to do shall have the power to enter into and
examine buildings and structures, lots, enclosures and premises of every description
to see that all laws of the state and local laws and ordinances of the Village
and rules and regulations affecting the erection, construction, alteration,
repair, demolition or removal of buildings and structures are fully enforced,
and no person shall interfere with or prevent such entry. For such purposes,
the Building Inspector shall have the right to inspect and examine the work
being done pursuant to any such building permit issued and may revoke said
permit, at his discretion, upon discovering either that it should not have
been issued as a matter of law or because of falsity or misrepresentation
or that the work performed under and pursuant to said permit is not being
prosecuted in accordance with the provisions of the application, plans or
specifications submitted. Further, the Building Inspector may revoke such
building permit upon determining that any ordinance, law, rule, regulation
or provision has not been or is not being complied with or where the person
to whom such permit has been issued fails or refuses to comply with a stop
order issued by him, either orally or in writing.
[Amended 2-5-2007 by L.L. No. 5-2007]
A. Whenever the Code Enforcement Officer or other authorized
personnel has reasonable grounds to believe that work on any building or structure
is being prosecuted in violation of the provisions of the article or any other
applicable building laws, ordinances or regulations or not in conformity with
the provisions of an application, plans or specification on the basis of which
a building permit was issued or in an unsafe and dangerous manner, he shall
have full power and authority to order and compel the suspension of any work
and prohibit the use of any material, machinery or equipment in violation
of the provisions of the article or other law, ordinance or regulation and
shall notify the owner of the property or the owner's agent or
the architect, contractor or any other person in charge thereof or the person
performing the work to suspend all work, and any such person shall forthwith
stop such work and suspend all building activities until the stop order has
been rescinded.
B. 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
and sending a copy of the same by certified mail, return receipt requested.
Such notice or order shall contain a description of the building, premises
or property on which such violation shall have been put or may exist or to
which such notice or order may refer.
C. Any person who shall continue work or authorize the continuance
of work on any such building or structure after the notice herein specified
has been served in accordance with the requirements of this article shall
be liable to a penalty of not less than $200 for the first offense and shall
be liable to a penalty of not less than $400 for each subsequent offense,
and in addition thereto, said violation shall constitute disorderly conduct,
and the person violating the same shall be a disorderly person. Each day such
violation shall continue shall constitute a subsequent offense.
Section
90-35 shall not apply to violation of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 882 of the Executive Law of the State of New York nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
[Amended 4-2-1990 by L.L. No. 2-1990]
All ordinances, local laws or parts thereof conflicting or inconsistent
with the provisions of this article or of the State Uniform Fire Prevention
and Building Code are hereby repealed, except that nothing herein shall impair
the validity of any action taken pursuant to or in compliance with any such
ordinance or rule or regulation made thereunder prior to the effective date
of this article.