This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Harrison. This
chapter is adopted pursuant to § 10 of the Municipal Home
Rule Law. Except as otherwise provided in the Uniform Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
105-4 of this chapter. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this chapter.
COMPLIANCE ORDER
An order issued by the Code Enforcement Official and Code
Enforcement Officer pursuant to § 105-A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
Shall include the Code Enforcement Officer and shall mean an Inspector appointed pursuant to §
105-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to §
105-10 of this chapter. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The Person to whom a Building Permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
TOWN
The Town of Harrison.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
ZONING CODE
The Zoning Ordinance and Zoning Laws of the Town of Harrison
Code, as currently in effect or as hereafter amended from time to
time.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Fire Inspector and Building Inspector of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with Chapters
109 and
143.
The Building Inspector shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Building Inspector or Fire Inspector may deem to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
105-15, Violations, of this chapter;
C. If appropriate, issuing a Stop-Work Order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
The fees shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to §
137-1 of the Town Code. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, temporary certificates, Operating Permits, firesafety and property maintenance inspections, and other actions of the Building Inspector or Fire Inspector described in or contemplated by this chapter.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.
This local law shall take effect immediately
upon filing in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.