[Adopted 5-13-1996 by L.L. No. 1-1996]
This article shall be known as the "Uniform Fire Prevention and Building
Code Administration and Enforcement Law."
[Amended 12-22-2003 by L.L. No. 4-2003]
It is the purpose of this article to provide for the administration
and enforcement of the Uniform Fire Prevention and Building Code established
by Article 18 of the Executive Law of the State of New York as the same may
be applicable to the Village of Ballston Spa, New York, to implement a policy
of clean, safe and sanitary conditions within the Village.
Where the provisions of this article conflict with or impose a different
requirement than any other provisions of the Village of Ballston Spa Code
or any rule or regulation adopted thereunder, the provision which establishes
the higher standard or requirement shall govern.
[Amended 12-22-2003 by L.L. No. 4-2003]
It shall be the duty of the Building Inspector to administer and enforce
the Uniform Fire Prevention and Building Code and the provisions of this article.
[Amended 12-22-2003 by L.L. No. 4-2003]
A.
The Building Inspector shall administer and enforce all
of the provisions of the Uniform Fire Prevention and Building Code 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.
The Building Inspector shall receive applications and issue permits, subject to the fee provisions of § 205-68B of this Code for the erection, alteration, removal and demolition of buildings or structures or parts thereof. Prior to the issuance of such permit, the Building Inspector shall examine the premises for which such applications have been received for the purpose of ensuring compliance with the Uniform Fire Prevention and Building Code and other laws, ordinances and regulations governing building construction.
C.
The Building Inspector shall issue 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 the Uniform Fire Prevention
and Building Code and other applicable laws, ordinances and regulations. He
shall make all inspections which are necessary or proper for the carrying
out of his duties.
D.
Whenever the same may be necessary or appropriate to
assure compliance with the provisions of applicable laws, ordinances or regulations
covering building construction, the Building Inspector may require the performance
of tests in the field by experienced professional persons or by a credited
and authoritative testing laboratory or service bureau or agency.
E.
In the furtherance of the duties of the Building inspector
as provided for in this article, said Inspector shall institute and perform
the following inspections in addition to those otherwise required in this
article:
(1)
Construction inspections where a building permit has
been issued at such times during the course of construction as will permit
the observation of the foundation, structural elements, electrical systems,
plumbing systems, heating, ventilation and air conditioning systems, fire
protection and detection systems and exit features.
(2)
Inspections where a certificate of occupancy or a certificate
of compliance is required, prior to its issuance.
(3)
Firesafety inspections of areas of public assembly, defined
in Part 606 of Title 9 of the official compilation of the New York Codes,
Rules and Regulations, at least once a year.
(4)
Fire safety inspections of all multiple dwellings and
all nonresidential occupancies or mixed uses, at periodic intervals consistent
with local conditions (see Title 19 of the New York Codes, Rules and Regulations,
Administration and Enforcement of the Uniform Fire Prevention and Building
Code, Part 444), as follows:
(a)
Areas of public assembly: at least once every 12 months.
(b)
Gas stations: at least once every six months.
(c)
Petroleum bulk storage: at least once every six months.
(d)
All buildings open to the public: periodically, consistent
with local conditions.
(e)
All common areas to multiple dwellings (not one- or two-family
dwellings): consistent with local conditions.
(f)
Any building, use or occupancy: during an emergency or
for a bona fide complaint.
[Amended 12-22-2003 by L.L. No. 4-2003]
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by them, including all
applications received, inspection reports and notices of orders issued.
B.
The Building Inspector shall, as directed, submit to
the Village Board of Trustees a written report and summary of all business
conducted by them, including orders and notices promulgated, inspections and
tests made and appeals or litigation pending.
[Amended 12-22-2003 by L.L. No. 4-2003]
The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances.
A.
Where he/she 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/she finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he/she 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.
[1]
Editor's Note: Former § 117-13, Right of entry, was
deleted 12-22-2003 by L.L. No. 4-2003.
[Amended 12-22-2003 by L.L. No. 4-2003]
A.
Before a certificate of occupancy is issued in the Village
of Ballston Spa, 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/she may conduct such inspection as
he/she 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 by the Building Inspector a
record of all such examinations and inspections, together with a record of
findings of violations of the Uniform Fire Prevention and Building Code and
other applicable laws.
[Amended 12-22-2003 by L.L. No. 4-2003]
A.
Issuance.
(1)
When, after final inspection, it is found that the proposed
work has been completed in accordance with the Uniform Fire Prevention and
Building Code and other 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 approve the issuance of a certificate of occupancy, which certificate
shall be issued by the Village Clerk.
(2)
If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to approve the issuance of
a certificate of occupancy and shall order the work completed in conformity
with the building permit and in conformity with the Uniform Fire Prevention
and Building Code and other applicable building regulations.
B.
Tests for compliance with standards. Whenever there are
reasonable grounds to believe that any material, construction, equipment or
assembly does not conform to the requirements of the Uniform Fire Prevention
and Building Code or 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.
[Amended 12-22-2003 by L.L. No. 4-2003]
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use or occupy
or maintain any building or structure or portion thereof in violation of any
of the provisions of this article or to fail in any manner to comply with
the 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 or certificate of occupancy.
B.
For each offense against any of the provisions of the
Uniform Fire Prevention and Building Code or of this article or any regulations
made pursuant thereto or failure to comply with a written notice or order
of any Building Inspector within the time fixed for compliance therewith,
the owner, occupant, builder, architect, contractor or their agents or any
other person who commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of any
Building Inspector shall be subject to the terms and provisions of § 382
of the Executive Law.
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 those
remedies shall be in addition to the penalties prescribed in § 382
of the Executive Law.
A.
Prior to the installation of any solid-fuel-burning heating
appliance, chimney or flue in any dwelling used as a residence, the owner
thereof or his/her agent shall first secure a building permit from the Village
Clerk.
B.
The Building Inspector shall cause an inspection to be
made of the solid-fuel-burning heating appliance, chimney or flue at a time
when such inspection will best determine conformity of such installation with
the Uniform Fire Prevention and Building Code; provided, however, that the
Building Inspector may waive such inspection for good cause shown.
[Amended 12-22-2003 by L.L. No. 4-2003]
C.
Upon approval of such installation, the Building Inspector
shall issue a certificate evidencing compliance with the appropriate provision
of the Uniform Fire Prevention and Building Code.
[Amended 12-22-2003 by L.L. No. 4-2003]
D.
No owner of any dwelling used as a residence shall operate
or cause to be operated any solid-fuel-burning heating appliance until such
installation, including chimney and flue, has been approved and a certificate
indicating such approval obtained from the Building Inspector.
[Amended 12-22-2003 by L.L. No. 4-2003]
E.
The issuance of such certificate of compliance shall
not be deemed to give rise to any claim or cause of action for damages against
the Village of Ballston Spa or the Building Inspector for damages resulting
from the operation or use of such solid-fuel-burning heating appliance, chimney
or flue.
[Amended 12-22-2003 by L.L. No. 4-2003]
F.
The fees for such inspection shall be paid by the owner
of such property or his/her agent in a sum which shall be determined from
time to time by the Board of Trustees.
G.
Notwithstanding the foregoing provisions, in the event
of an emergency where a delay occasioned by the requirement of securing a
building permit could reasonably be expected to cause irreparable damage to
the property or serious personal injury to the occupants or other person,
the owner or his/her agent may commence such installation without first obtaining
such building permit, provided that application therefor is filed within three
business days after such work is commenced.
Any violation of this article shall be punishable by a fine not to exceed
$250.
