A.
Appointment. There is hereby designated in the City of
Auburn a public official to be known as the "Building Inspector," who shall
be appointed by the City Manager at a compensation to be fixed by the Council.
B.
Qualifications. The Building Inspector shall be a person
who shall have had at least five years' experience as a licensed professional
engineer or architect, building inspector, building contractor or supervisor
of building construction.
A.
The City Manager may appoint one or more fire fighters
as assistants to the code enforcement supervisor to act under the supervision
of the code enforcement supervisor and to exercise any portion of his or her
powers and duties. The compensation of such assistants shall be fixed by the
Council.
[Amended 7-6-1995 by Ord. No. 29-1995]
B.
The Housing Code Inspector shall have primary responsibility for enforcing the Housing Code, as provided in Chapter 182. The Plumbing Inspector shall have primary responsibility for making all plumbing inspections in existing buildings and new construction. The Electrical Inspector shall have primary responsibility for making electrical inspections as hereinafter provided in this Part 1. The Fire Inspector, detailed from the Fire Department, shall have primary responsibility for making the inspections and otherwise enforcing Chapter C of the Uniform Code. However, each of the above inspectors shall have complete power and authority to enforce all provisions of the Uniform Code.
In the absence of the Building Inspector or in the case of his or her
inability to act for any reason, the City Manager shall designate one or more
of the above inspectors to act in his or her behalf and to exercise all of
the powers conferred upon him or her by this Part 1.
No officer or employee of the Building Department or any of the designated
inspectors shall engage in any activity inconsistent with his or her duties
or with the interests of the Building Department, nor shall he or she, during
the term of his or her office or 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 the preparation
of plans or specifications thereof within the City of Auburn, excepting only
that this provision shall not prohibit any officer or employee from such activities
in connection with the construction of a building or structure owned by him
or her and not constructed for sale.
A.
Except as otherwise specifically provided by law, ordinance,
rule or regulation, or except as herein otherwise provided, the Building Inspector
shall administer and enforce all provisions of the Uniform Code and laws,
ordinances, and regulations 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.
B.
He or she 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 insuring
compliance with the Uniform Code and laws, ordinances, rules and regulations
governing building construction.
C.
He or she shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of the Uniform Code and applicable laws, ordinances, rules and regulations. He or she shall make all inspections which are necessary or proper for the carrying out of his or her duties, except that he or she may accept written reports of inspection from officers or employees of the Building Department, inspectors designated in § 125-7 or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof.
D.
Whenever the same may be necessary or appropriate to
assure compliance with the provisions of the Uniform Code, applicable laws,
ordinances, rules or regulations covering building construction, he or she
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.
E.
The Building Inspector and his or her assistants, including other inspectors designated in § 125-7, are authorized to issue appearance tickets pursuant to § 150.10 of the Criminal Procedure Law and Paragraph (a) of Subdivision 4 of § 10 of the Municipal Home Rule Law in the exercise of their duties to administer and enforce this Part 1, the Uniform Code, any other chapter in this Municipal Code, and any state statute, rule or regulation when he or she has reasonable cause to believe that a person has committed a misdemeanor, or has committed a petty offense, as defined in the Criminal Procedure Law, in his or her presence relating thereto.
A.
The Building Inspector shall keep permanent records on
all transactions and activities conducted by him or her, 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.
The Building Inspector shall annually submit to the Council
a written report and summary of all business conducted by the Building Inspector,
including permits and certificates issued, fees collected, orders and notices
promulgated, inspections and tests made and appeals or litigation pending.
The Building Inspector may request and shall receive, so far as may
be necessary in the discharge of his or her duties, the assistance and cooperation
of the Police and Fire 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.
A request for a variance from the Uniform Code and an appeal to review
a determination of or failure to render a determination by the enforcement
official shall be processed with the appropriate Board of Review as provided
in 19 NYCRR 440.
