[HISTORY: Adopted by the Common Council of the City of Hornell as
Art. II of Ch. 8 of the 1970 Municipal Code. Section 25-7A amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments
noted where applicable.]
There is hereby established a department to be designated as the Building
Department for the administration and enforcement of the provisions of laws,
ordinances, rules, regulations and orders applicable to buildings and structures
and their appurtenances. The Building Department shall be headed by the Building
Official, who shall have such powers and perform such duties as herein specified.
There is hereby designated in the city a public official to be known
as the "Building Official," who shall be appointed by the Common Council at
a compensation to be fixed by such Council.
In the absence of the Building Official or in the case of his inability
to act for any reason, the Common Council shall have the power to designate
a person to act in behalf of the Building Official and to exercise all of
the powers conferred upon him by this chapter.
The Common Council may appoint one or more Building Inspectors, as the
need may appear, to act under the supervision of the Building Official and
to exercise any portion of his powers and duties. The compensation of such
Building Inspectors shall be fixed by the Common Council.
No officer or employee of the Building Department shall engage in any
activity inconsistent with his duties or with the interests of the Building
Department; nor shall he, during the term of his employment, be engaged directly
or indirectly in any building business, in the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a building
or in the preparation of plans or specifications thereof within the city,
excepting only that this provision shall not prohibit any employee from such
activities in connection with the construction of a building or structure
owned by him and not constructed for sale.
The Building Official is hereby granted the authority to promulgate
and enforce rules and regulations for the erection, construction, enlargement,
alteration, removal, improvement, demolition, conversion or change in the
nature of the occupancy of any building or structure within the city.
A.Â
Administration and enforcement authority generally. Except
as otherwise specifically provided by law, ordinance or rules and regulations
or except as herein otherwise provided, the Building Official shall administer
and enforce all of the provisions of laws, ordinances and rules and regulations
promulgated by him and applicable to the construction, alteration, repair,
removal and demolition of buildings and structures and the installation and
use of materials and equipment therein and the location, use, occupancy and
maintenance thereof. [1]
B.Â
Applications and permits; examination of premises. The
Building Official shall receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or parts thereof
and shall examine the premises for which such applications have been received
or such permits have been issued for the purpose of ensuring compliance with
laws, ordinances and regulations governing building construction.
C.Â
Issuance of notices and orders. The Building Official
shall issue all appropriate notices or orders to remove illegal or unsafe
conditions, to require the necessary safeguards during construction and to
ensure compliance during the entire course of construction with the requirements
of such laws, ordinances or regulations.
D.Â
Inspections. The Building Official shall make all inspections
which are necessary or proper for the carrying out of his duties, except that
he may accept written reports of inspection from Building Inspectors or other
employees of the Department of Buildings or from generally recognized and
authoritative service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
E.Â
Tests. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances or
regulations covering building construction, the Building Official may require
the performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service bureaus
or agencies.
A.Â
Duty of Building Official. The Building Official shall
keep permanent official records of all transactions and activities conducted
by him, including all applications received, permits and certificates issued,
fees charged and collected, inspection reports, and notices and orders issued.
All such records shall be public records open to public inspection during
business hours.
B.Â
Submission of annual report to Council. The Building
Official shall, annually, submit to the Common Council a written report and
summary of all business conducted by the Department of Buildings, including
permits and certificates issued, fees collected, orders and notices promulgated,
inspections and tests made and appeals or litigation pending.
The Building Official may request and shall receive, so far as may be
necessary in the discharge of his duties, the assistance and cooperation of
the Police, Fire and Health Departments or officers and of all other municipal
officials exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
