Village of Blasdell, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Blasdell: Art. I, 12-19-1991 as Subsection G of L.L. No. 3-1991; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES

Planning Commission — See Ch. 51.

Brush, grass and weeds — See Ch. 95.

Fences — See Ch. 117.

Gasoline and other flammable liquids — See Ch. 133.

Gasoline service stations — See Ch. 136.

Mobile homes — See Ch. 149.

Plumbers — See Ch. 174.

Satellite antennas — See Ch. 193.

Swimming pools — See Ch. 219.

Junk vehicles — See Ch. 244.

Zoning — See Ch. 267.

ARTICLE I
Smoke Detectors (§ 100-1) 

ARTICLE II
Administration and Enforcement (§ 100-2 — § 100-26) 

[Adopted 12-19-1991 as Subsection G of L.L. No. 3-1991]

§ 100-1
Required in dwellings. 

All single-family dwellings and multiple dwellings shall have smoke detectors in the sleeping area of each dwelling unit. If a faulty battery is found and not replaced on the second visit, the Code Enforcement Officer shall issue an appearance ticket.

[Adopted at time of adoption of Code
Editor's Note: See Ch. 1, General Provisions, Art. I.
]

§ 100-2
Title. 

§ 100-3
Intent. 

§ 100-4
Adoption of standards. 

§ 100-5
Office of Building Inspector. 

§ 100-6
Activities of Building Inspector restricted. 

§ 100-7
Code enforcement officials. 

§ 100-8
Powers and duties of Building Inspector. 

§ 100-9
Cooperation of municipal officials. 

§ 100-10
Applicability of standards; nonconforming conditions. 

§ 100-11
Appeals; removal of hazards. 

§ 100-12
Permits required; applications; amendments. 

§ 100-13
Issuance of permits; nontransferability; extensions; inspections; consolidated permits. 

§ 100-14
Fees. 

§ 100-15
Expiration of permits, approvals and variances; display of permit. 

§ 100-16
Stop-work orders. 

§ 100-17
Required inspections; complaints. 

§ 100-18
Open burning. 

§ 100-19
Certificate of occupancy required. 

§ 100-20
Issuance of certificate of occupancy. 

§ 100-21
Temporary certificate of occupancy. 

§ 100-22
Certificate of compliance. 

§ 100-23
Compliance required; violation notices; appearance tickets; penalties for offenses. 

§ 100-24
Liability. 

§ 100-25
Conflict with other provisions. 

§ 100-26
Emergencies. 

This Article shall be known as the "Village of Blasdell and the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law and All Accepted Standards."

It is the intent of this Article to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to:

A. 

The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Village of Blasdell.

B. 

Fire prevention and firesafety regulations consistent with generally accepted standards and nationally recognized good practices for the safeguarding of life and property from the hazards of fire and explosion arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.

The Village Board of the Village of Blasdell hereby adopts the New York State Uniform Fire Prevention and Building Code, henceforth referred to as the "Uniform Code," and all subsequent amendments thereto.

A. 

The Village Board of the Village of Blasdell does hereby establish the office to be known as the "office of the Building Inspector."

B. 

Purpose. The purpose of this office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the village.

C. 

Personnel.

(1) 

Building Inspector. The office shall be headed by the village officer designated as the "Building Inspector." The Building Inspector shall be appointed by the Village Board at a compensation to be fixed by the Board.

(2) 

Deputy Building Inspector. The Village Board may appoint a Deputy Building Inspector as the need may appear.

A Building Inspector or Deputy Building Inspector or any employee of his office shall not engage in any activity inconsistent with his duties or with the interests of the office, nor shall he, during the term of his employment, be engaged directly or indirectly in any building business or in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Village of Blasdell, except that this provision shall not prohibit any such employee from engaging in any such activities in connection with the construction of a building or structures owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.

The Building Inspector and Deputy Building Inspector are code enforcement officials as defined in the Uniform Code.

A. 

Building Inspector. Except as otherwise provided by law, ordinance, rule or regulation, the Building Inspector shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances.

B. 

Other duties.

(1) 

The Building Inspector as may be appropriate, shall issue notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations. If the Building Inspector deems a structure unsafe and recommends it for demolition, an affidavit will be signed by the Building Inspector and notarized.

(2) 

The Building Inspector shall keep official records of all transactions and activities of the respective office, including records of all applications received, all permits and certificates issued, inspections conducted and notices and orders issued.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of all other municipal officers exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

A. 

The provisions of the Uniform Code relating to maintenance, housekeeping and behavior regulations, so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substance, materials or devices, shall apply equally to new and existing buildings and conditions.

B. 

The Building Inspector, as may be appropriate, shall have the authority to permit the continuance of existing conditions not in strict compliance with the terms of this Article where the exceptions do not constitute a distinct hazard to life or property.

A. 

Whenever the Building Inspector shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Uniform Code do not apply or that the intent and meaning of this Article have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building Inspector to the New York State Uniform Fire Prevention and Building Code Board of the New York State Executive Law.

B. 

The procedures set forth herein for appeals shall not prohibit the Building Inspector from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of the Article has been corrected when such hazard or the existence of such violation constitutes a distinct hazard to life or public safety.

A. 

No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, movement, improvement, demolition, conversion or installation therein of any building or structure or change in use or occupancy of any building or structure without first obtaining the appropriate required permits from the Building Inspector. No permit shall be required for construction work which is not structural in nature and does not entail installation of plumbing, electrical, heating or ventilation systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this Article. The definition of "alteration" for this section shall refer to making a structure different from what it was before without destroying its identity; a change or modification.

B. 

Application for a permit shall be made on forms provided by the village, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work.

C. 

Each application for a 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 as well as the location of all existing structures on the site, distances from lot lines, the relationship of structures on adjacent property, the widths and grades of adjoining streets, walks and alleys, watercourses, easements and utilities on the property. Said plans and specifications shall show the size of all proposed new construction and describe the nature and character of the work to be performed and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data.

D. 

The aforementioned requirements of this section may be waived by the Building Inspector where it appears that strict application of this section would create an undue hardship and where it further appears that the strict application of this section would not result in a violation by the applicant of any of the other sections of this Article or of any other ordinance, rule or regulation.

E. 

Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7307, 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.

F. 

The Building Inspector shall issue all permits for solid-fuel-burning appliances, chimneys and/or flues.

G. 

Amendments to any application, plan or specifications may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to the approval of the Building Inspector, as may be appropriate.

A. 

The Building Inspector, as may be appropriate, shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith.

B. 

Upon the payment of the required fee and upon satisfactory proof being given that the applicant is in compliance with the applicable provisions, rules and regulations of this Article, a permit may be issued by and bear the name and signature of the Building Inspector as may be appropriate.

C. 

Any permit granted hereunder shall be limited only to the activity authorized on said permit, and its continued validity shall be subject to the conditions set forth in said permit.

D. 

Any permit granted hereunder shall not be transferable except when transfer is approved by the appropriate official, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.

E. 

Permits shall continue until revoked as provided for herein or for a period of one year designated at the time of issuance. An extension of the permit time period may be granted, provided that satisfactory justification can be shown for failure to start or complete the work or activity authorized within the required time period.

F. 

Any application for or acceptance of any permit issued or requested pursuant to this Article constitutes agreement and consent by the person making application or accepting the permit to allow the Building Inspector to enter upon the premises at any and/or during reasonable/normal working hours to conduct inspections as required by this Article. Refusal to allow the Building Inspector to conduct said inspections of the premises and their records related to such permit or required to be maintained by this Article shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Building Inspector deem it necessary, an application to any court of competent jurisdiction may be made to obtain a warrant authorizing an inspection of the premises in question.

G. 

Consolidated permits. When more than one permit is required by the Building Inspector for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation or suspension as set forth herein of a portion or portions of such consolidated permit for specific hazardous materials or operations may, at the sole discretion of the Fire Chief, be sufficient cause to revoke or suspend the other permitted activities.

A schedule of fees is on file and available in the Village Office.

A. 

Any approval issued by any village official under this Article, any zoning variance and any other permit of any kind approved under this Article shall expire if the construction or use permitted by such approval, variance or permit is not begun within one year after the granting of the approval, variance or permit. The recipient of any such approval, permit or variance may apply to the board or official who issued the approval, permit or variance for an extension of one year in which to begin construction. This section shall apply to all permits, approvals and variances granted before the effective date of this Article or hereafter.

B. 

Permits issued by the Building Inspector shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Such permits issued by the Building Inspector shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefor and the payment of the applicable permit fee.

A. 

Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is proceeding without a permit, or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation, or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued, or is being conducted in an unsafe or dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.

B. 

Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site.

A. 

A schedule of required inspections shall be made available to all applicants for permits.

B. 

It shall be the responsibility of the owner or his agent to notify the Building Inspector when work is ready for each required inspection.

C. 

Inspections of all work authorized by a building permit shall be requested by notification of the Building Inspector not less than one working day prior to the time the inspection is to be scheduled. All inspections shall be scheduled as soon as possible, subject to the availability of the Building Inspector.

D. 

Firesafety inspections shall be conducted on a regular schedule by the Building Inspector. All areas of public assembly shall be inspected at least once each year. Multiple dwellings and all nonresidential occupancies shall be inspected at least once every two years. Dwellings shall be inspected only upon bona fide complaints or upon request of the owner or occupant.

E. 

Inspections of the installation of any solid-fuel-burning heating appliances and associated chimneys and flues shall be conducted by the Building Inspector. No person shall use or permit the use of any solid-fuel-burning appliance, chimney or flue which has been installed, constructed, reconstructed, repaired or altered or which has been subjected to a chimney fire unless and until said appliance, chimney or flue has been inspected by the Building Inspector and a certificate of compliance issued by him. Failure to comply with these provisions is a violation of this Article and is grounds for ordering that the premises be vacated.

F. 

For all other inspections, specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be at the discretion of the Building Inspector or in accordance with established procedures, rules or regulations.

G. 

Failure to request a required inspection shall be cause for rejection of the work or an order to expose the work for inspection.

H. 

Where permits are required, the Building Inspector may, at any reasonable hour, enter any building or premises within the Village of Blasdell for the purpose of making the required inspections.

I. 

Upon written complaint of any person, duly affirmed under penalty of perjury, alleging a violation of this Article or of the Uniform Code, the Building Inspector shall investigate the complaint and make a written report to the complainant, the owner of the property, the Mayor and the Village Board.

J. 

The Building Inspector may, at any reasonable hour, enter any building or premises for the purpose of making an inspection or investigation to ensure compliance with the provisions of this Article and the Uniform Code.

K. 

Should entrance to make an inspection be refused or permission to enter be unable to be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.

Open burning is not allowed in the Village of Blasdell except for small contained cooking fires in well-ventilated areas.

A. 

No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been duly 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 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.

A. 

When, after final inspection, it is found that the proposed work has been fully completed in accordance with all applicable building laws, ordinances, rules and regulations and also in full accordance with the application, plans and specifications filed in connection with the issuance of the permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by his office. In the event that it is found that all 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 applicable building regulations.

B. 

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.

C. 

The owner or his agent must submit to the Building Inspector an instrument survey map showing the true location of the new building or additions in reference to all the property lines and existing structures. The Building Inspector may waive this requirement for minor additions.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or parts thereof before the entire work covered by the permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding 30 days from its date of issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding 30 days each.

A. 

Certificates of compliance shall be used to indicate conformance with this Article and the Uniform Code for installations which require inspection but would not be issued a certificate of occupancy. Such installations include but are not limited to solid-fuel-burning heating appliances, plumbing installations, other equipment installation and removal of underground tanks and firesafety inspections.

B. 

Certificates of compliance shall be issued by the Building Inspector only after an inspection which shows that the installation is in conformance with this Article and the Uniform Code.

C. 

Certificates of compliance may be revoked when there has been substantial and unauthorized change in conditions which renders or may render the installation not in conformance with this article and the Uniform Code.

A. 

Violations, procedures for correction, appearance tickets.

(1) 

It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, structure or portion thereof in violation of any of the provisions of this Article, or fail in any manner to comply with any notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, use permit, plumbing permit or certificate of occupancy.

(2) 

Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this Article shall comply with all the provisions of the Uniform Code, this Article and all orders, notices, rules, regulations or determinations issued in connection therewith.

(3) 

Whenever it is found that there has been a violation of the Uniform Code, this Article or any rule or regulation adopted pursuant to this Article, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.

(4) 

Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed in this Article.

(5) 

Violation notices and other orders or notices referred to in this Article shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of the Taxes or in the office of the County Clerk.

(6) 

Appearance tickets. The Building Inspector shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him directing a designated person to appear in court at a designated time in connection with the commission of a violation of this article or any order made thereunder.

B. 

Penalties.

(1) 

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, plumber, construction superintendent or his agent or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder or in addition to any other penalties provided for in this article, the Uniform Code or any rules or regulations adopted pursuant to this article or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the forced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.

(2) 

An action or proceeding in the name of the Village of Blasdell, New York, 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 article, a rule or regulation adopted pursuant to this article or a violation of any order 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.

(3) 

Any person, including any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or his agent or any other person, taking part in this construction or use of any building or other structure prior to securing a building permit under circumstances wherein receipt of said building permit is a condition precedent to construction or use of any building or structure shall be subject to the same penalties as are provided in § 100-23B(1) of the Village of Blasdell Code.

[Added 3-1-2000 by L.L. No. 1-2000]

This article shall not be construed to hold any code enforcement officer of the Village of Blasdell responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this article, nor shall he or it be liable for any damage to persons or property by reason of the Building Inspector's exercising his discretion as provided in this article.

In the event that the provisions of this article shall be in conflict with any other law, rule or regulation, the more stringent provision shall govern.

In cases of great emergency or the delay of proceedings as hereinbefore provided that would result in probable loss of life or property, the Mayor of the Village of Blasdell shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to guard the safety of persons and property.