[Adopted 9-5-2006 by L.L. No. 10-2006]
This article 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 Malta. This article
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 article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
89-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer(s) appointed pursuant to §
89-3B of this article. More than one person may be appointed a Code Enforcement Officer. Reference to "the Code Enforcement Officer" shall include any Code Enforcement Officer appointed by the Town Board of the Town of Malta.
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 §
89-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall include 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.
SEMICONDUCTOR TOOL
Any device, storage cabinet, work station, or process machine
used in the clean room. (See NFPA 318, 3.3.30.)
[Added 12-6-2010 by L.L. No. 12-2010]
STRUCTURE
That which is built or constructed.
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 5-7-2018 by L.L.
No. 7-2018]
A. The
office of Code Enforcement Officer is hereby continued. The Code Enforcement
Officer shall administer and enforce all the provisions of the Uniform
Code, the Energy Code and this article. The Code Enforcement Officer
shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3) To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, fire-safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this article;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Subsection
A of §
89-15, Enforcement; penalties for offenses, of this article;
(8) To collect fees as set by the Town Board of the Town of Malta;
(9) To pursue administrative enforcement actions and proceedings;
(10) In consultation with the Town of Malta's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this article, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this article; and
(11) To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B. The
Town of Malta Office of Code Enforcement may engage a contractor to
assist the Town's Fire Marshalls in the tracking of fire protection
systems within the Town of Malta by providing to the Town's Fire
Marshalls an online electronic reporting system. Further, the Town
of Malta will approve agencies that register as authorized inspection
companies with said contractor as duly approved inspectors who are
hereby authorized and deputized as agents of the Town of Malta for
the limited purpose of making inspections and reinspections of all
fire protection systems heretofore and hereafter described, and to
approve and disapprove the same. In no event, however, will fees relating
to registering with the Town's contractor or the cost of such
inspections and reinspections be a charge against the Town of Malta.
C. It shall be the duties of the approved inspectors described in Subsection
B to provide written reports electronically to the Town of Malta's aforementioned contractor so that the contractor can electronically report to the Fire Marshall, whose duty it shall be to enforce, prosecute or cause to be ameliorated all the provisions of this Code, all violations of or deviations from or omissions of the Uniform Fire Prevention and Building Code, and of all local codes and the New York State Fire Prevention and Electrical Code insofar as any of the same apply to fire protection systems. The inspectors shall make inspections and reinspections of fire protection systems installations or alterations in and on properties in the Town of Malta upon the written request of an authorized official of the Town of Malta
or as herein provided. The inspectors are authorized to make inspections
and reinspections of fire protection system installations or alterations,
devices, appliances and equipment where they deem it necessary for
the protection of life and property. In the event of an emergency
it is the duty of the inspectors to make fire protection system inspections
upon the oral or written request of an official or officer of the
Town of Malta. It shall be the duty of the inspectors to furnish electronic
written reports to the Town's contractor so that the contractor
can furnish electronic written reports to the proper officials of
the Town of Malta and owners and lessees of property where defective
electrical installations, alterations or equipment are in conformity
with this Code. The inspectors shall cause an electronic copy of the
certificate of compliance be sent to the Town of Malta to the attention
of the Fire Marshall.
D. All
Town residents and businesses are required to comply with the inspection
reporting requirements prescribed in this section.
E. All Town residents and business adjudged by a court of competent jurisdiction to have violated this section shall be subject to a fine of up to $50 per day that said violation exists or continues to exist. In addition to any fine imposed, the court may in addition impose court costs and fees as determined from time to time and pursuant to law and regulation. Further, the Town reserves the right to pursue any and all remedies at law and equity for the enforcement of this section and to recover all costs incurred, including but not limited to staff time and reasonable attorney fees, in connection in the enforcement of this section, and to recover and/or enforce such obligations in the manner set forth in Chapter
88 of the Malta Town Code.
F. The Code Enforcement Officer shall be appointed by the Town Board
of the Town of Malta. The Code Enforcement Officer 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 Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated hereunder.
G. In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
H. One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this article. Each inspector 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 inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated hereunder.
I. The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of the Town of
Malta.
[Added 12-6-2010 by L.L. No. 12-2010]
Semiconductor tool permits required. A semiconductor tool permit
shall be required for the installation, alteration, relocation or
activation of any semiconductor manufacturing tool that must conform
to the New York State uniform fire prevention and building code and/or
to NFPA 318 (Standard for semiconductor manufacturing facilities).
No person shall commence any work for which a semiconductor tool permit
is required without first obtaining said permit from the Malta Code
Enforcement Officer or the Malta Fire Marshal. Only one permit shall
be required per family of tools so long as all tools grouped within
that family are identical in all respects.
The chief of any fire department providing fire-fighting
services for a property within the Town of Malta 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 the Town of Malta shall be identified and addressed in accordance with the procedures established in Chapter
60.
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 article, or any other local law, ordinance, 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; however, nothing herein shall be construed to prevent
the Code Enforcement Officer from exercising his authority and discretion
in deciding whether or not to prosecute or enforce an alleged or actual
code violation.
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 §
89-15, Enforcement; penalties for offenses, of this article;
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 11-3-2010 by L.L. No. 9-2010]
A fee schedule shall be established by resolution of the Town Board of the Town of Malta. 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 article. The fee schedule is found in Table A to Chapter
88.
The Town Board of the Town of Malta may, by
resolution, authorize the Town Supervisor of the Town of Malta to
enter into an agreement, in the name of the Town of Malta, with other
governments to carry out the terms of this article, 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.