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 this Town. 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 this
chapter.
In this chapter, the following terms shall have
the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
135-4 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
135-10 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
Includes 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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and 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
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe buildings and structures located in the Town of Bethel shall be identified and addressed pursuant to the provisions of Chapter
113 of this Code as now in effect and as hereafter amended from time to time.
The Code Enforcement Officer 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, ordinance 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 Code Enforcement Officer 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 §
135-15, Violations; penalties for offenses, 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.
A fee schedule shall be established by resolution
of the Town Board of this Town. Such fee schedule may thereafter be
amended from time to time by like resolution. 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 Code Enforcement Officer described in or
contemplated by this chapter.
The Town Board may, by resolution, enter into
an agreement with any other state or municipal government to carry
out the terms of this chapter, provided that such agreement does not
violate any provision of the Uniform Code, the Energy Code, Part 1203
of Title 19 of the NYCRR, or any other applicable law.
[Added 5-12-2021 by L.L. No. 2-2021]
A. The NYStretch
Energy Code - 2020, published by the New York State Energy Research
and Development Authority (hereafter referred to as "NYStretch"),
shall be applicable to all new construction, substantial renovations,
alterations and additions, as required by the 2020 ECCCNYS as amended
by NYStretch.
B. The provision of NYStretch § R403.6.2 is hereby repealed from Local Law No. 2 of 2021 and thereby additionally repealed from Town Code §
135-18.
[Added 2-23-2022 by L.L. No. 1-2022]