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 the Town of Cortlandville. 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.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT A permit issued pursuant to §
86-4 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 §
86-10 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 Cortlandville.
UNIFORM CODE The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services for a property within the Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, electrical fire or damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established and set forth in Appendix A of this chapter.
[Added 3-18-2009 by L.L. No. 1-2009]
A. The purpose and intent of this section is to minimize the time of entry to property by Fire Department personnel at times of fire alarms, thus reducing the loss of property, both real and personal, and to enhance the response time experienced by fire personnel.
B. A lock box for storing building keys shall be obtained and affixed on certain premises described herein. Such lock box shall be prescribed by the Cortlandville Fire District and shall be obtained in the manner established by said Fire District.
C. Lock boxes shall be required for all new and existing buildings, other than one- or two-family dwellings, that have fire alarm and/or fire detection systems that result in the Cortland County 911 Center being notified of a fire alarm and which in return require a response from the Cortlandville Fire Department. Alarm systems include, but are not limited to, municipal fire alarms, radio, telephone-leased line, telephone dialer or central station systems, subject to the provisions of Subsection
E hereof.
D. Lock boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Cortlandville Fire Department.
E. In the event that it is determined by the Cortlandville Fire Department that the intent of this section would not be served by the installation of a lock box at specific premises by reason of impracticability, government regulation or other factor, a written waiver of the provisions of this section, limited to the specific premises in question, may be issued by the District. The determination of the Fire District as to the issuance of such waiver shall be final and determinative. Any such waiver issued in conjunction with new construction shall be provided to the Code Enforcement Officer at the time an application for a building permit is submitted. Any such waiver issued in conjunction with structures existing on the effective date of this section shall be retained by the owner of the premises described in such waiver, and shall be exhibited to the Code Enforcement Officer upon his request.
F. Any entry obtained by Fire District personnel utilizing the lock box keys shall be reported by the person supervising such entry to the owner of record as soon as is practical after such entry.
G. With regard to new structures, this section shall take effect when filed with the Secretary of State as required by law. With respect to structures in existence on the date of such filing, this section shall take effect on January 1, 2010.
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 §
86-15, Enforcement; penalties for offenses, 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.
[Amended 3-18-2009 by L.L. No. 1-2009]
A fee schedule shall be established by resolution of the Town Board of the Town of Cortlandville. 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, certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter. Any fee required by this chapter for services rendered pursuant to the provisions of this chapter which remains unpaid for 90 days shall be added to the next issued Town and county tax bill.
The Town Board of the Town of Cortlandville may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the 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.
[Added 2-1-2023 by L.L. No. 1-2023]
The stricter requirements contained herein and in 19 NYCRR Part 1203 shall govern.