[HISTORY: Adopted by the Board of Trustees
of the Village of McGraw 1-22-1985 by L.L. No. 2-1985. Amendments noted where
applicable.]
This chapter shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code[1] in the Village of McGraw and shall establish powers, duties
and responsibilities therewith.
[1]
Editor's Note: As provided by L.L. No. 1-2008,
adopted 2-5-2008, the Village of McGraw shall enforce the Uniform
Code: Minimum standard for administration and enforcement; contained
in 19 NYCRR Part 1203, which rules and regulations shall be followed
in regard to the property located in the Village of McGraw.
[Amended 4-17-1996 by L.L. No. 2-1996]
The governing body shall designate an official
inspector for the New York State Uniform Fire Prevention and Building
Code within the Village of McGraw. Said designation shall be made,
from time to time, by resolution of the Village Board.
A.
The Village of McGraw shall promulgate rules and regulations
to secure the intent and purpose of this chapter and the proper enforcement
of the laws, rules and regulations governing building plans, specifications,
construction, alteration or repairs.
B.
The Village of McGraw shall publish all rules and
regulations at least 10 days prior to the effective date thereof in
a newspaper of general circulation within the Village of McGraw.
A.
Except as otherwise specifically provided by law,
rule or regulation or except as herein otherwise provided, the inspector
shall administer and inspect the provisions of laws, rules and regulations
applicable to the plans, specifications or permits for the construction,
alteration and repair of buildings and structures and the installation
and use of materials and equipment therein and the location, use and
occupancy thereof.
B.
The inspector shall receive applications for the erection
and alteration of buildings and structures or parts thereof and shall
examine the premises for which such application has been received,
plans approved or such permits have been issued for the purpose of
ensuring compliance with the laws, rules and regulations governing
building construction or alteration.
C.
The inspector shall issue, in writing, to the municipality
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, rules and regulations and such notices or orders which
may be served upon the property owner or his agent personally by the
Village of McGraw or by sending, by certified mail, a copy of such
order to the owner or his agent at the address set forth in the application
for permission for the construction or alteration of such building
and by posting the same upon a conspicuous place of the premises to
which the notice applies. He shall make all inspections which are
necessary or proper for the carrying out of his duties.
D.
Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, rules or regulations
covering building construction or alteration, he may, in his discretion,
accept and rely upon a written report of tests in the field by experienced,
professional persons or by accredited, authoritative testing laboratories
or services and inspection bureaus or agencies.
E.
The inspector may issue a certificate of occupancy
where appropriate for a building constructed or altered in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code, which such certificate shall certify that the building
conforms to the requirements of the State Uniform Code.
A.
No person, firm or corporation shall commence the
erection, construction, alteration, enlargement, improvement, conversion
or change in the nature of the occupancy of any building or structure
or cause the same to be done without first obtaining a separate building
permit from the inspector for each such building or structure, except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B.
Application for a building permit shall be made to
the inspector on forms provided by him and shall contain the following
information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use of occupancy of all parts of
the land and the proposed building or structure.
(3)
The valuation of the proposed work.
(4)
The signature of the applicant or agent.
(5)
The full name and address of the owner and of the
applicant, and the full names and addresses of their responsible officers,
if any of them are corporations, and the name and address of the owner's
authorized agent, if any.
(6)
A brief description of the nature of work.
(7)
Such other information as may reasonably be required
by the inspector to establish compliance of the proposed work with
the requirements of the applicable building law, rules and regulations.
C.
The application shall be made by the owner or by his
agent, architect, engineer or builder employed in connection with
the proposed work. Where such application is made by a person other
than the owner, it shall be accompanied by an affidavit of the owner
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application, and the affidavit shall contain
a statement that the owner authorizes the applicant to permit the
inspector to enter upon the premises without a search warrant.
D.
Each application for a building permit shall be accompanied
by duplicate copies of specifications, including plot plan drawn to
scale, showing location and size of all proposed new construction
and all existing structures on the site, the nature and the character
of the work to be performed and the materials to be incorporated,
distance from lot lines, walks, alleys and, where required by the
inspector, details of structural, mechanical and electrical work,
including computations, stress diagrams and other essential data;
plans and specifications, when required, shall bear the signature
of the person responsible for the design and drawings.
E.
Any residential dwelling consisting of 3,500 square
feet or more, plus any commercial business consisting of 1,500 square
feet or more, plus all industrial buildings, will require submitted
plans including a professional engineer's approval before a building
permit will be issued.
F.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Village
of McGraw and with the inspector, and approval shall be received from
the inspector prior to the commencement of such change of work.
G.
The inspector shall examine or cause to be examined
all applications for permits and the documents filed therewith. He
shall then approve or disapprove the application.
H.
Upon approval of the application and upon receipt
of the fees therefor, the designated inspector shall issue a building
permit to the applicant upon forms prescribed by him.
I.
If the application, together with other documents
filed therewith, describe work which does not conform to all of the
requirements of the applicable building regulations, the inspector
shall disapprove the same. Upon request of the applicant, the inspector
shall cause the refusal, together with the reasons therefor, to be
transmitted to the applicant, in writing.
J.
A building permit shall be effective to authorize
the commencing of work for a period of six months after the date of
its issuance. For good cause, the inspector may allow a maximum of
two extensions for periods not exceeding three months each. All work
shall conform to the approved application, and shall be in accordance
with applicable laws, rules and regulations.
K.
A building permit shall be prominently displayed on
the job site at all times during the progress of the work so as to
be readily seen from adjacent thoroughfares.
L.
The inspector may revoke a permit in the following
instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application or other
documents on which the building permit was based;
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law;
(3)
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the applicable law and
provisions of the application;
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
inspector.
A.
Before issuing a certificate of occupancy, the inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, alter, enlarge, repair or change the use or nature of
occupancy, and he may conduct such inspections as he deems appropriate
from time to time during and upon completion of the work for which
a building permit has been issued. There shall be maintained by the
inspector a record of all such inspections and examinations, together
with a record of findings of violations of law.
B.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code. Such inspections may be made at any reasonable time.
C.
If entrance to make an inspection is refused or cannot
be obtained, the Village of McGraw, after being notified by the inspector
of the situation, may apply for a warrant to make inspection to any
court of competent jurisdiction.
D.
The periodic inspections to meet compliance with the
above mentioned provisions shall be as provided by law or, when permitted,
as agreed upon between the governing body and the inspector.
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law,
as well as any rule or regulation promulgated by the municipality
in accordance with applicable laws, or fail in any manner to comply
with a notice or directive or order of the municipality or to construct,
alter, use or occupy any building or structure or part thereof in
any manner not permitted by an approved building permit or certificate
of occupancy.
B.
Any persons who shall fail to comply with a written
order within the time fixed for compliance therewith and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendents or their agents or any person taking part or assisting
in the construction or use of the building who shall knowingly violate
any of the applicable provisions of law or any lawful order, notice,
directive, permit or certificate of the inspector made thereunder
shall be punishable by fine or imprisonment or both.
[Amended 4-17-1996 by L.L. No.
2-1996]
C.
Whenever the designated inspector finds that there
has been a violation of the State Uniform Code, this chapter or any
rule or regulation adopted pursuant to this chapter, a violation order
shall be issued to the person or persons responsible by the local
municipality or the issuing inspector.
D.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
E.
Violation orders may be served by personal service,
by mailing by registered or certified mail or by posting a copy thereof
in a conspicuous place on the premises and by mailing a copy thereof
to the premises on the same day as posted, enclosed in a postpaid
wrapper addressed to the person responsible.
F.
In case the owner, lessor, occupant or the agent of
any of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified, legal action shall
be made to the Village Justice of the Village of McGraw.
The inspector, upon showing of proper credentials
and in discharge of his duties, shall be permitted to enter upon any
building, structure or premises without interference, during reasonable
working hours.
A.
Any duly appointed inspector which is hereby authorized
by the Village of McGraw to make inspections and reinspections of
all buildings and structures under construction, subject to the provisions
of the New York State Uniform Fire Prevention and Building Code, and
to approve and disapprove the same, will do so at no cost or expense
of such inspections or reinspections against the Village of McGraw.
B.
A fee schedule shall be established by resolution
and amended from time to time. A copy of such fee schedule will be
kept on file with the Village Clerk and a copy will be part of the
application packet.
C.
When applicable, the cost for the P.E. approval will
be assumed by the applicant.
D.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no work has commenced. If work has
been started and the application is not approved, the fees paid shall
not be refunded.
E.
The cost estimate for all existing buildings or structures
subject to periodic fire prevention inspections will be reviewed with
the local board of the Village of McGraw on an annual basis.
F.
Payment of the fees addressed above can be remitted
quarterly, semiannually or annually as agreed upon.
[Amended 4-17-1996 by L.L. No.
2-1996]
Whenever the inspector has reasonable grounds
to believe that the work on any building or structure is being prosecuted
in violation of the provision of the applicable building laws, rules
or regulations or not in conformity with the provisions of an application
or in an unsafe and dangerous manner, he shall notify the owner of
the property or the owner's agent to suspend all work and suspend
all building activities until the stop order has been rescinded. Such
order and notice shall appear 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
where the work is being performed and sending a copy of the same to
him, by certified mail, at the address set forth in the application
for the permission for the construction of such building.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the inspector.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall be occupied or used for more than 30 days
after the completion of the alteration or work, unless a certificate
of occupancy shall have been issued.
C.
No change shall be made in the occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application, and before
the issuance of a certificate of occupancy, there shall be filed with
the municipality an affidavit of the registered architect or licensed
professional engineer who supervised the construction of the work
or of the superintendent of construction who supervised the construction
and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approval plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans and,
as erected, complies with the law governing building construction
or has a variance which has been legally authorized. Such variances
and qualifying conditions imposed therewith, if any, shall be specified
in the affidavit.
E.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
laws, rules or regulations and also in accordance with the application,
the inspector shall issue a certificate of occupancy upon forms provided
by them. If it is found the proposed work has not been properly completed,
the inspector shall not issue a certificate of occupancy and shall
order the work completed in conformity with the building permit and
in conformity with the applicable building regulations.
F.
A certificate of occupancy shall be issued where appropriate,
within 30 days after written application therefor is made.
G.
The certificate of occupancy shall certify that the
work has been completed, and that the proposed use and occupancy is
in conformity with the provisions of the applicable laws, rules and
regulations, and shall specify the use or uses and the extent therefor
to which the building or structure or its several parts may be put
to use.
H.
Upon request, the inspector may issue a temporary
certificate of occupancy for a building or structure or part thereof
before the entire work covered by the building permit shall have been
completed, provided that such portions as have been completed may
be occupied safely without endangering life or the public health and
welfare. A temporary certificate of occupancy shall remain effective
for a period not exceeding three months from its date of issuance.
For good cause, the inspector may allow a maximum of two extensions
for periods not exceeding three months each.
A.
The inspector shall keep permanent official records
of all transactions and activities conducted by them, including all
applications received, plans approved, permits and certificates issued,
fees charged and collected, all inspection reports, rules and regulations
promulgated by the municipality and notices and orders issued. All
such reports shall be public information open to public inspection
during normal business hours.
B.
The inspector shall annually submit to the Village
of McGraw a written report of all business conducted.
A.
A Board of Review has been established for the purpose
of granting variances where enforcement of any provision or requirement
of the New York State Uniform Fire Prevention and Building Code results
in practical difficulties or unnecessary hardships. Any such variation
shall be consistent with the spirit of the Code and shall not be inconsistent
with Subdivision 1f of § 381 of the Executive Law.
B.
The Board of Review shall be composed of five members,
one of whom shall be a registered architect licensed to practice in
this state, one of whom shall be a professional engineer licensed
to practice in this state, one of whom shall have a background in
building code enforcement, one of whom shall have a background in
fire prevention and one of whom shall be a businessman or a lawyer.
One of the five members, in addition, shall be a local government
official.
C.
Each member of the Board of Review shall be appointed
by the Secretary of State and shall serve a term of three years.
D.
The Board of Review shall have the power to:
(1)
Vary or modify, in whole or in part, any provision
or requirement of the Uniform Code in cases where strict compliance
with such provision or requirement would entail practical difficulties
or unnecessary hardship or would otherwise be unwarranted; provided,
however, that any such variance or modification will not substantially
adversely affect provisions for health, safety and security and that
equally safe and proper alternatives are prescribed.
(2)
Hear and decide appeals from and review any order
or determination or the failure within a reasonable time to make any
such order or determination by an administrative official charged
with the enforcement of or purporting to enforce the Uniform Code.
E.
The Village of McGraw and the inspector shall obtain
a copy of the Board of Review's decision for its records.
A.
Failure to comply with any provision of the New York
State Uniform Fire Prevention and Building Code, this chapter, rules
and regulations adopted pursuant to this chapter or a violation order
shall be deemed a violation, and the violator shall be liable for
a fine not to exceed $1,000 per day or imprisonment not to exceed
one year, or both.
[Amended 4-17-1996 by L.L. No.
2-1996]
B.
An action or proceeding in the name of the Village
of McGraw may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the Uniform Code, this chapter, any rules or regulations
adopted pursuant to this chapter or a violation order or to vacate
the occupancy or building in the case of imminent danger to life or
property. Such remedy shall be in addition to penalties otherwise
prescribed by law.
C.
Except as otherwise provided by law, such violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness or otherwise of any person found guilty
of such an offense.
