[HISTORY: Adopted by the Town Board of the Town of Bethlehem 2-28-1968.
Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 56.
[Amended 3-23-1988 by L.L. No. 2-1988]
The purpose and intent of this chapter is to provide for the enforcement
of the New York State Uniform Fire Prevention and Building Code.
[Amended 3-23-1988 by L.L. No. 2-1988]
A.
Except as otherwise specifically provided by law, the
Building Inspector of the Town of Bethlehem and his deputies and assistants
shall administer and enforce all of the provisions of 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 regulation, use, occupancy and maintenance thereof,
as provided for in the New York State Uniform Fire Prevention and Building
Code.
B.
The Chief of each of the five Fire Departments currently
existing within the Town of Bethlehem shall serve and are hereby appointed
as Fire Inspectors, to serve as such within the boundaries of their individual
fire districts. The Fire Inspectors shall be charged with the responsibility
of reporting any and all violations of Chapter C, Fire Prevention, of the
New York State Uniform Fire Prevention and Building Code brought to their
attention within their fire districts to the Building Inspector for such action
as he may deem necessary for the enforcement of said Chapter C.
C.
The Building Inspector shall receive applications and
issue permits for the construction, 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.
D.
The Building Inspector shall issue all appropriate notices
or orders to require the necessary safeguards during construction and to ensure
compliance during the entire course of construction with the requirements
of such laws, ordinances and regulations. He shall make all inspections which
are necessary or proper for the carrying out of his duties, except that he
may accept reports of inspection from his assistants and other employees of
the Building Department.
E.
Whenever the same may be necessary or appropriate to
assure compliance with the provisions of applicable laws, ordinances and regulations
governing building construction, the Building Inspector may require the performance
of tests in the field by experienced persons or by accredited and authoritative
testing laboratories or agencies.
The Building Inspector 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.
A.
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvement, demolition, 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 Building 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.
Applications for building permits shall be made by the
owner or lessee, or agent of either, or by the 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 or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application. The application
shall be made to the Building 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 or occupancy of all parts of the
land and the proposed building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the applicant,
and the names and addresses of their responsible officers if any of them are
corporations.
(5)
A brief description of the nature of the proposed work.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
C.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot plan, drawn
to scale, showing the location and size of all proposed new construction and
all existing structures on the site; the nature and character of the work
to be performed and the materials to be incorporated; distance from lot lines;
the relationship of structures on adjoining property; widths and grades of
adjoining streets, walks and alleys; and, where required by the Building Inspector,
details of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data. Plans and specifications
shall bear the signature of the person responsible for the design and drawings
and, where required by § 7302, as amended, of Article 147 of the
Education Law of the State of New York, the seal of a licensed architect or
a licensed professional engineer. The Building Inspector may waive the requirements
for filing plans and specifications for minor alterations.
D.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Department and approval received from the Building Inspector prior to the
commencement of such change of work.
[Amended 3-23-1988 by L.L. No. 2-1988; 7-13-1988
by L.L. No. 3-1988; 1-13-1999 by L.L.
No. 1-1999]
The Town Board shall establish or set rates and fees for services rendered
by the Building Department.
The Building Inspector shall examine or cause to be examined all applications
for permits and the plans, specifications and documents filed therewith. He
shall approve or disapprove the application within a reasonable time.
A.
Upon approval of the application and upon receipt of
the legal fees therefor, he shall issue a building permit to the applicant
upon the form prescribed by him and shall affix his signature or cause his
signature to be affixed thereto.
B.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One set of
such approved plans and specifications shall be retained in the files of the
Building Department and the other set shall be returned to the applicant,
together with the building permit, and shall be kept at the building site
open to inspection by the Building Inspector or his authorized representative
at all reasonable times.
C.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return the plans
and specifications to the applicant. Upon the request of the applicant, the
Building Inspector shall cause such refusal, together with the reasons therefor,
to be transmitted to the applicant in writing.
A.
A building permit shall be effective to authorize the
commencing of work in accordance with the application, plans and specifications
on which it is based for a period of six months after the date of its issuance.
For good cause, the Building Inspector may allow a maximum of two extensions
for periods not exceeding three months each.
B.
The issuance of a building permit shall constitute authority
to the applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building laws,
ordinances and regulations. All work shall conform to the approved application,
plans and specifications.
C.
Building permits shall be prominently displayed on the
jobsite at all times during the progress of construction so as to be readily
seen from adjacent thoroughfares.
The Building Inspector may revoke a building permit theretofore issued
in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where he finds that the building permit was issued in
error and should not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that
work on any building or structure is being prosecuted in violation of the
provisions of the applicable building laws, ordinances or regulations or not
in conformity with the provisions of an application, plans or specifications
on the basis of which a building permit was issued or in an unsafe and dangerous
manner, he shall notify the owner of the property or the owner's agent or
the person performing the work to suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until the stop
order has been rescinded. Such order and notice shall be 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 under
construction and sending a copy of the same by registered mail.
The Building Inspector and assistants, upon the showing of proper credentials
and in the discharge of their duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere with or
prevent such entry.
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 Building 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 continue to 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 by the Building Inspector.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing such
change shall have been issued by the Building Inspector.
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 Building Inspector an affidavit
of the registered architect or licensed professional engineer who filed the
original plans, or of the registered architect or licensed professional engineer
who supervised the construction of the work, or of the superintendent of construction
who supervised the work 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 approved plans
of the structure for which a certificate of occupancy is sought and that the
structure has been erected in accordance with the approved plans and, as erected,
complies with the law governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the affidavit.
A.
Before issuing a certificate of occupancy, the Building
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, enlarge, alter, repair, remove, demolish or change the use or 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.
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections, together with a record
of findings of violations of the law.
A.
When, after final inspection, it is found that the proposed
work has been completed in accordance with the applicable building laws, ordinances
and regulations and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit, the Building
Inspector shall issue a certificate of occupancy upon the form provided by
him. If it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to 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.
B.
A certificate of occupancy shall be issued, where appropriate,
within 30 days after application therefor is made. Failure to act upon such
application within 30 days shall constitute approval of such application and
the building or portion thereof may thereafter be occupied as though a certificate
of occupancy had been issued.
C.
The certificate of occupancy shall certify that the work
has been completed and that the proposed use and occupancy are in conformity
with the provisions of the applicable building laws, ordinances and regulations,
and shall specify the use or uses and the extent thereof to which the building
or structure or its several parts may be put.
Upon request, the Building 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 portion or portions as have been completed may be occupied safely without
endangering life or the public 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 Building Inspector may allow a maximum of
two extensions for periods not exceeding three months each.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements of
the applicable building laws, ordinances or regulations, the Building Inspector
may require the same to be subjected to tests in order to furnish proof of
such compliance.
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, remove, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation of any
provision of law or rule promulgated by the Building Department in accordance
with applicable laws, or to fail in any manner to comply with a notice, directive
or order of the Building Inspector, or to construct, alter, use or occupy
any building or structure or part thereof in a manner not permitted by an
approved building permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written order
of the Building Inspector within the time fixed for compliance therewith,
and any owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or assisting
in the construction or use of any building who shall knowingly violate any
of the applicable provisions of law or any lawful order, notice, directive,
permit or certificate of the Building Inspector made thereunder, shall be
punishable by a fine of not more than $1,000 per day of violation or by imprisonment
not exceeding one-year, or both.
[Amended 3-23-1988 by L.L. No. 2-1988]
Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises, and these
remedies shall be in addition to penalties otherwise prescribed by law.
