[HISTORY: Adopted by the Town Board of the Town of Southeast 10-17-1991 by L.L. No. 4-1991. Amendments noted where applicable.]
Alarm systems – See Ch. 39.
Numbering of buildings – See Ch. 54A.
Unsafe buildings — See Ch. 55.
Driveways – See Ch. 64.
Excavations and grading — See Ch. 69.
Explosives and blasting — See Ch. 71.
Flood damage prevention — See Ch. 74.
Historic sites – See Ch. 83.
Rental housing – See Ch. 108.
Sewers and water — See Ch. 112.
Stormwater management and erosion and sediment control – See Ch. 119.
Streets and sidewalks — See Ch. 121.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 138.
The Uniform Fire Prevention and Building Code of the State of New York grants to the local governments the power to designate local officials to enforce the code. Now, in furtherance of that authority and to create procedures for the enforcement of the code, this chapter is enacted to take effect immediately.
There is hereby created in the Town of Southeast a Building and Fire Prevention Department which shall be charged with enforcement of the Uniform Code and with enforcement of Chapters 55, 69, 71, 74, 105, 112, 122, 123 and 138 of the Code of the Town of Southeast.
[Amended 6-8-2017 by L.L. No. 6-2017]
The following officials shall make up the Department, shall be enforcement officers as defined in Section 606.3 of the Uniform Code and are designated to enforce the Uniform Code and this chapter and are authorized to issue appearance tickets for violations thereof
The fire underwriters are designated to assist the enforcement officers on all electrical code reviews, and the code enforcement officers are authorized to act on such advice in the enforcement of the Uniform Code and to deny permits where the fire underwriters determine violations exist. But nothing hereon shall be deemed to make any of such fire underwriters employees of the Town of Southeast.
The enforcement officers are hereinafter referred to as "officers."
Said officers shall keep record of their acts and decisions and shall render to the Town Board monthly, in writing, a detailed statement of buildings erected or altered during the month preceding, or permits issued and of the estimated cost of work covered by such permits, of inspections made, violations found and actions taken with respect to such violations and of certificates of occupancy issued.
Dereliction of an officer in his duties shall not legalize any violation of the provisions of this chapter.
In his own person or that of a duly delegated subordinate and upon exhibition of proper identification, the officer shall have, for the purposes herein specified, the right of entry at reasonable hours to any existing nonresidential building or to any part of any building upon which building work is being carried on.
The officer shall have authority to order, conduct or accept tests for any building materials or construction and to prescribe the procedure for the approval of new materials or construction not covered in this code.
Where the Town of Southeast has, by contract, agreed to make fire inspections out of the Town, any enforcement officer designated by this chapter is authorized to make such inspections.
The schedule of fees for building permits, occupancy permits and demolition permits to be paid to the Town of Southeast shall be in accordance with the fee schedule adopted by the Town as the same may be revised from time to time by properly adopted resolution of the Town Board. A copy of the Town of Southeast Fee Schedule shall be available from the Town Clerk.
Any owner, builder, occupant or other person desiring to engage in any of the activities listed below, prior to engaging in such activity, shall file an application for permit with the Building and Fire Prevention Department on the form provided by that Department, together with the fee listed for the designated activity set out below:
No land shall be altered and no building or part thereof or any major feature of the equipment shall hereafter be moved, erected, constructed, reconstructed, demolished, extended or altered except in conformity with the Uniform Code, the applicable provisions of the Town Code and the provisions of § 54-9, and a valid building permit shall have been issued by the Building and Fire Prevention Department for the same.
Building. Such application shall be accompanied by drawings to accurate scale in ink, blueprint or tracing and typewritten specifications in duplicate, and any additional detailed drawings or other information required by the Building Inspector shall also be furnished in duplicate. In the event that the estimated cost of construction of the proposed work exceeds $10,000, exceeds 1,200 square feet or, in the opinion of the Building Inspector, entails significant structural construction or alteration, the drawings shall be prepared, signed and stamped by an architect or professional engineer licensed to practice in the State of New York. Drawings shall give the locations of the building and live floor loads, if other than those specified in the Uniform Code, kinds of occupancies, number of families or occupants and all necessary information with reference to existing constructions and shall include a property survey. The application for a permit shall give the name and address of the applicant, the architect and the builder and the full name and address of the owner of the property. Each application shall state the estimated cost of the undertaking. All facts are in the judgment of the Building Inspector. If the estimated cost is manifestly incorrect, the Building Inspector may himself estimate the cost of the work, and the expense of such estimate shall be paid by the applicant. Any applications may be amended or corrected and must be amended if any major modification in the actual work may be made until, after such amendment of application, the permit shall have been amended or a new permit issued.
In the event of the abandonment, as hereinafter defined, of any project for which a permit was required or was issued hereunder, the surface of the land shall be restored to its condition prior to any excavation or removal of material or, in the discretion of the Building Inspector, the site and any structures thereon shall be made secure, which shall include but not be limited to adequate fencing of the property and boarding or other closure of the structures.
In the event that any owner, person, corporation, contractor or worker shall commence any of the actions set out in Subsection A hereof without first obtaining a valid permit therefor, an enforcement officer of the Town of Southeast shall issue a stop order, giving a copy thereof to a person on the premises, if any, and post a copy of such stop order on the front of the premises or lot on which such work is being done. Such posting alone shall be deemed sufficient compliance herewith.
Stop-work order. The stop-work order shall direct that all work cease forthwith and shall provide notice that a copy of the order will be delivered to the Zoning Board of Appeals of the Town of Southeast and that any person affected by such order may be heard with respect to the same at the next Zoning Board of Appeals meeting, giving the date, place and time thereof, after which hearing such Zoning Board of Appeals shall either affirm or rescind such order.
Obtaining a permit after a stop-work order.
If the enforcement officer shall determine that the failure to obtain a building permit was willful, the officer may, prior to the issuance of such permit, require the premises to be restored to the condition prior to the commencement of such work and shall give dated, written notice of determination to require restoration to the person applying for such permit at the time of application.
The applicant may appeal such determination by giving written notice to the Building Inspector and Zoning Board of Appeals within 10 days of the issuance date of the notice of determination to require restoration as set out in Subsection B(3)(a) hereof. The Zoning Board of Appeals shall, not more than 45 days after receipt of such appeal, hold a hearing on the same, giving notice of the date, time and place thereof to the applicant by certified mail to the address which is required to be provided by the applicant when filing the appeal. If, after hearing, the appeal shall be denied, the property shall be restored to its original condition forthwith.
Where a stop-work order has been validly issued, no building permit shall subsequently be issued unless and until any and all fees, fines or other penalties assessed pursuant to this code have been paid.
Copies of all approved plans and specifications shall be kept on file by the Inspector, and one set of officially stamped copies shall be returned to the applicant upon issuance of the permit. Filed copies shall be regarded as public records and open to inspection, but this shall not authorize the copying of any plan or the furnishing of copies of any specification or part thereof.
The officer shall issue a written permit for the prosecution of the work after determining that the plans and specifications and the prospective uses comply with the requirements of this chapter, Chapter 138, Zoning, hereof and the state laws and that any retained existing construction is in good and safe condition.
During the progress of the construction, a set of plans and specifications bearing the certification stamp or signature of the Inspector at all times shall be kept on the premises involved. All work shall be carried on in strict accordance with such plans and specifications.
The provisions of this chapter shall not apply to any building for which a permit has been heretofore issued, provided that work on such building shall have commenced within 30 days from the time of passage of this chapter, and provided further that such work shall be completed in its entirety within one year from such time of passage.
Unless actual construction work is begun within six months of the date of any permit (or in the case of any demolition, within two months), then such permit shall expire by limitations, except that the Inspector may postpone such expiration date not more than six months in his discretion. In case of expiration of a permit, no fees paid shall be refunded to the applicant. Failure to commence construction within six months of any extension thereof shall be deemed in abandonment for purposes of this chapter.
A permit may be revoked because of any false statement or misrepresentation of material fact in application or because of failure to supply additional information required within a reasonable time or because the work is not being executed in accordance with this chapter, Chapter 138, Zoning, of the Code of the Town of Southeast or the state laws. Notice of the revoking of a permit shall be deemed to be duly given by service upon a responsible individual in charge at the premises or posting such notice on the premises and by mailing a copy thereof to the post office address of the party to whom the permit was issued. It shall be unlawful to proceed with any building work after the revocation of a permit, nor shall any permit be reissued after revocation while any violation of this chapter or any local law exists.
Extension of permit.
A building permit shall be valid for a period of one year from date of issuance. Upon written application by the permit holder containing a showing of hardship or unavoidable delay, the Building Inspector may, at his discretion, grant one extension for one year.
In the event that an applicant shall be aggrieved by a denial of any such extension, an appeal may be taken to Board of Appeals by filing a notice of appeal, in writing, within 10 days of such denial with the Board of Appeals and the Building Department, with a fee payable to the Town in the amount set forth in the Town Fee Schedule, as that schedule may be amended from time to time. The Board of Appeals shall then review the matter and render a decision thereon, in writing, to the applicant.
No building hereafter constructed, extended, reconstructed or altered shall be occupied until a certificate of occupancy is issued by the Building Inspector, except that any building occupied during alteration may continue to be occupied in accordance with the provisions of this chapter for 30 days succeeding the completion of such alteration. A certificate of occupancy shall certify that the building involved conforms to the requirements of this chapter for the proposed occupancy which shall be stated in the certificate. Such a certificate shall be issued by the officer within 10 days of the date of application therefor, if the building was entitled to such certificate at the time the application was made.
No change in the nature of occupancy shall be made unless such change is authorized under the provisions of this chapter and is covered by the certificate of occupancy.
No temporary certificates of occupancy may be issued for a building or part of a building in advance of the completion of the whole.
Any building to be demolished shall be taken down story by story. No materials shall be placed on any floor during demolition that would render it unsafe, but all shall be at once lowered to the ground.
Prior to commencing any demolition, a permit for the same shall be obtained from the enforcement officer by filing an application therefor, together with proof of a general liability insurance of at least $1,000,000 insuring against personal injury and property damage resulting from such demolition.
No application is required and no permit shall be necessary in the case of ordinary repairs, but such repairs shall not include any alterations such as the cutting away or removal of any part of any bearing wall, the removal or cutting of any beam or support, any change in or closure of any stairway or exit, the construction or alteration of any part of the plumbing system or of the electric wiring or replacement of the heating apparatus of any building.
Any owner, lessee, architect, builder or occupant or the agent of any of them who violates or is an accessory to the violation of any provision of this chapter, including failure to apply for a building permit prior to commencement of construction or a certificate of occupancy upon completion, shall be guilty of a violation of this chapter and shall be subject to a fine of not less than $300 nor more than $1,500 for each such violation. Each week's violation shall constitute a separate offense.
The Building Inspector shall issue an appearance ticket or information for such violation requiring the alleged violator's appearance in Town of Southeast Justice Court.
Any commencement or recommencement of work by any owner, lessee, architect, builder or occupant or the agent of any of them subsequent to issuance of an appearance ticket or information, but prior to final adjudication of the alleged violation, shall constitute an additional and separate offense for each day that such work continues.
Violations of the New York State Uniform Fire Prevention and Building Code shall be subject to the penalties set out in § 382 of the Executive Law, except that if such violations are charged under this § 54-13D of this chapter then such charges shall be violations and shall subject the violators to a fine of not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment. Each day the violation continues shall constitute a separate offense.
[Amended 8-1-2019 by L.L. No. 6-2019]
Any applicant for a permit or any owner, lessee, architect or building or agent thereof who has been denied a building permit shall have the right to appeal to such decision to the Zoning Board of Appeals, provided that such appeal is filed within 60 days of such denial. The Zoning Board of Appeals shall take action on such appeal at its next regular meeting following the date thereof.