[Adopted 11-13-1985 by L.L. No. 6-1985]
[Amended 1-10-2007 by L.L. No. 1-2007]
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 Town of
Brighton.
B.
Fire prevention and fire safety regulations consistent
with nationally recognized good practice for the safeguarding of life
and property from the hazards of fire and explosions 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.
[Amended 1-10-2007 by L.L. No. 1-2007]
The Town Board of the Town of Brighton hereby
adopts the New York State Uniform Fire Prevention and Building Code
(henceforth referred to as the "Uniform Code") and all subsequent
amendments thereto.
[Amended 2-28-1990 by L.L. No. 1-1990; 11-15-1994 by L.L. No.
7-1994; 1-10-2007 by L.L. No. 1-2007]
A.
The Town Board of the Town of Brighton does hereby
establish the office to be known as the "Office of the Building Inspector."
(1)
Building
Inspector. The office shall be headed by the Senior Planner or such
other individual as shall be designated by the Commissioner of Public
Works and shall employ an official or officials designated as the "Building
Inspector." The Building Inspector(s) shall be appointed by the Town
Board, upon recommendation of the Commissioner of Public Works, and
may be either the Commissioner of Public Works, the Senior Planner
or other Town employee(s), in all cases if properly certified by the
State of New York, at an annual salary to be determined by said Town
Board, or a properly certified official of the City of Rochester as
designated by and acting pursuant to an authorized agreement by and
between the City of Rochester and the Town of Brighton for plan review,
building/plumbing inspections and other such additional services.
The Building Inspector(s) shall report directly to the Senior Planner
or such other individual as shall be designated by the Commissioner
of Public Works.
[Added 6-24-2009 by L.L. No. 6-2009; amended 4-27-2022 by L.L. No. 5-2022]
B.
Purpose. The purpose of this office is for the administration
and enforcement of the provisions of the New York State Uniform Fire
Prevention and Building Code and all other laws, codes, ordinances,
rules, regulations and orders applicable to building construction
and maintenance. The Building Inspector is hereby designated as a
Code Enforcement Officer for the purposes of the Uniform Code.
C.
Personnel.
(1)
Building Inspector. The office shall be headed by
an official designated as the "Building Inspector." The Building Inspector
shall be appointed by the Town Board, upon recommendation of the Commissioner
of Public Works, and may be either the Commissioner of Public Works
or another Town employee, in either case if properly certified by
the State of New York, at an annual salary to be determined by said
Town Board, or a properly certified official of the City of Rochester
as designated by and acting pursuant to an authorized agreement by
and between the City of Rochester and the Town of Brighton for plan
review, building/plumbing inspections and other such additional services.
The Building Inspector shall report directly to the Commissioner of
Public Works or his or her designee.
(2)
Assistant Building Inspectors. The Town Board may,
upon recommendation by the Commissioner of Public Works, appoint one
or more Assistant Building Inspectors as the need may appear.
(3)
Other employees. The Town Board may, upon recommendation
by the Commissioner of Public Works, appoint such other employees
as may be deemed necessary to carry out functions of the office. The
compensation of such employees shall be fixed by the Town Board.
(4)
Acting Building Inspector. In the absence of the Building
Inspector or in the case of his or her inability to act for any reason,
the Supervisor shall have the power, with the consent of the Town
Board, to designate, upon recommendation of the Commissioner of Public
Works, a person to act on behalf of the Building Inspector and to
exercise all powers conferred upon him or her by this article.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-24-1996 by L.L. No.
1-1996; 1-10-2007 by L.L. No. 1-2007]
A.
The Town Board of the Town of Brighton does hereby
establish the office to be known as the "Office of the Fire Marshal."
B.
Purpose. The purpose of this office is for the administration
and enforcement of the provisions of the New York State Uniform Fire
Prevention and Building Code and of all other laws, codes, ordinances,
rules, regulations and orders applicable to fire prevention and fire
safety. The Fire Marshal is hereby designated as a Code Enforcement
Officer for the purposes of the Uniform Code.
C.
Personnel.
(1)
The position of Fire Marshal is hereby classified
as "competitive," as defined by Civil Service. The office shall be
headed by a Town official designated and appointed by the Town Board.
The Fire Marshal shall report directly to the Commissioner of Public
Works and shall not be under the jurisdiction of any other Town department.
(2)
Deputy Fire Marshal. A Deputy Fire Marshal(s) may
be appointed by the Town Board, upon recommendation of the Commissioner
of Public Works. Each Deputy Fire Marshal shall have the authority
to make fire prevention inspections under Chapter C of the Uniform
Code. A copy of any inspection report or other report of other official
action shall be filed with the Fire Marshal.
(3)
Other employees. The Town Board may, upon recommendation
of the Commissioner of Public Works, appoint such other employees
as may be deemed necessary to carry out the functions of the office.
The compensation of such employees shall be fixed by the Town Board.
(4)
Acting Fire Marshal. In the absence of the Fire Marshal
or in the case of his or her inability to act for any reason, the
Supervisor shall have the power, with the consent of the Town Board,
to designate, upon recommendation of the Commissioner of Public Works,
a person to act on behalf of the Fire Marshal and to exercise all
powers conferred upon the Fire Marshal by this article.
[Amended 2-29-1988 by L.L. No. 1-1988; 2-28-1990 by L.L. No.
1-1990; 1-10-2007 by L.L. No. 1-2007]
A.
Building Inspector. Except as otherwise provided by
law, ordinance, rule or regulation, the Building Inspector shall administer
and enforce all provisions of the New York State Uniform Fire Prevention
and Building Code and of all other 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
thereof not specifically delegated as sole responsibilities of the
Fire Marshal. The Building Inspector shall establish procedures for
addressing bona fide complaints which assert that conditions or activities
fail to comply with the Uniform Code or with local laws, ordinances
or regulations.
B.
Fire Marshal. Except as otherwise provided by law,
ordinance, rule or regulation, the Fire Marshal shall administer and
enforce the New York State Uniform Fire Prevention and Building Code
and all laws, codes, ordinances, rules, regulations and orders applicable
to fire prevention and fire safety not specifically delegated as sole
responsibilities of the Building Inspector.
C.
Other duties.
(1)
The Building Inspector and/or the Fire Marshal, 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.
(2)
The Building Inspector and Fire Marshal shall keep
official records of all transactions and activities of their respective
offices, including records of all applications received, all permits
and certificates issued, inspections conducted and notices and orders
issued. The Building Inspector and Fire Marshal shall annually submit,
to the New York State Secretary of State, a report of their activities
relative to the administration and enforcement of the Code, in a form
and manner as specified by the Secretary.
(3)
In addition to duties specified in this article, the
Building Inspector and Fire Marshal shall perform such other duties
as may be assigned by the Commissioner of Public Works, with the consent
of the Town Board.
(4)
The Fire Marshal may assist, where practicable, in
determining the cause and origin of any fire occurring in the Town
of Brighton which involves loss of life or injury to persons or by
which property has been destroyed or substantially damaged.
[Amended 1-10-2007 by L.L. No. 1-2007]
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his or her
duties, the assistance and cooperation of all other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
[Amended 1-10-2007 by L.L. No. 1-2007]
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
substances, materials or devices shall apply equally to new and existing
buildings and conditions.
B.
The Building Inspector and/or Fire Marshal, 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.
[Amended 1-10-2007 by L.L. No. 1-2007]
A.
Whenever the Building Inspector or Fire Marshal 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 or Fire Marshal to the New York State Uniform
Fire Prevention and Building Code Board of Review established under
the applicable provisions of the New York State Executive Law.
B.
The procedures set forth herein for appeals shall
not prohibit the Building Inspector or Fire Marshal from immediately
removing a hazard or ordering the immediate closing of a building
or premises until a violation of this article has been corrected when
such hazard or existence of such violation constitutes a distinct
hazard to life or public safety.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-24-1996 by L.L. No.
1-1996; 1-10-2007 by L.L. No. 1-2007]
A.
No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building, fence, shed or structure or change in use of occupancy of any building or structure without first obtaining appropriate required permits from the Senior Planner or such other individual as shall be designated by the Commissioner of Public Works. No person, firm or corporation shall commence operations, or continue operations which use or handle combustible or hazardous materials without first obtaining appropriate required permits from the Fire Marshal, including but not limited to those permits described in §§ 73-21 and 73-23.
[Amended 6-24-2009 by L.L. No. 6-2009; 4-27-2022 by L.L. No. 5-2022]
(1)
No permit shall be required for work of an ordinary
repair or maintenance nature, as otherwise stated in this article,
provided that such repairs do not involve:
(a)
The removal or cutting-away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
(2)
No permit shall be required for the categories of
work listed below:
(a)
Construction or installation of swings and other
playground equipment, associated with one- or two-family dwellings;
(b)
Construction or installation of swimming pools,
associated with one- or two-family dwellings, where such pools are
designed for a water depth of less than 24 inches and are installed
entirely above ground;
(c)
Installation of partitions or movable cases
less than five feet nine inches in height, provided that they do not
block required fire exits;
(d)
Painting, wallpapering, tiling, carpeting, or
other similar finish work;
(e)
Installation of electrical, plumbing, heating,
ventilation or cooling equipment or appliances, which equipment or
appliances are both Underwriter's Laboratory listed and portable;
and
(f)
Replacement, in-kind and in-place, of any equipment,
provided that the replacement does not alter the equipment's listing
nor render it inconsistent with the equipment's original specifications,
and provided that such equipment is not fire equipment or life-safety
equipment.
B.
Application for a permit shall be made by the owner
or lessee or an authorized agent of either or by the architect, engineer
or builder employed in connection with the proposed work, on forms
provided by the Town.
C.
Each application for a permit shall be accompanied
by duplicate copies of plans and specifications, including a site
plan or instrument survey, 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, 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, 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. An application for a building
permit shall include, where applicable, a statement of special inspections,
prepared in accordance with the provisions of the Uniform Code.
D.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7302, 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.
E.
In all cases where there is to be installation of
new plumbing or alteration of existing plumbing, a plumbing permit
must be obtained by a plumber licensed in the Town of Brighton or
the owner of a single-family dwelling where the work is being done.
F.
The Building Inspector shall issue all permits for
solid-fuel-burning appliances, chimneys and/or flues.
G.
Amendments to any application, plan or specification
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
and/or Fire Marshal, as may be appropriate. The Building Inspector
shall be notifed immediately in the event of changes to the approved
work occurring during construction.
[Amended 1-24-1996 by L.L. No. 1-1996; 1-10-2007 by L.L. No.
1-2007]
A.
The Building Inspector(s) and/or Fire Marshal, as
may be appropriate, shall review or cause to be reviewed applications
for permits, together with the plans, specifications and documents
filed therewith.
[Amended 6-24-2009 by L.L. No. 6-2009]
B.
Upon the payment of the required fee, with the approval
of the Senior Planner or such other individual as shall be designated
by the Commissioner of Public Works and upon satisfactory proof being
given that the applicant is in compliance with the applicable provisions,
rules and regulations of this article and of the Comprehensive Development
Regulations, a permit may be issued by and bear the name and signature
of the Building Inspector(s) or Fire Marshal, as may be appropriate.
[Amended 6-24-2009 by L.L. No. 6-2009; 4-27-2022 by L.L. No. 5-2022]
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 on 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 time 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 and/or Fire Marshal to enter upon the premises
with valid consent to conduct inspections as required by this article.
Refusal to allow the Building Inspector or Fire Marshal to conduct
said inspections of the premises and the 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 or Fire
Marshal deem it necessary, either may make an application to any court
of competent jurisdiction 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 or Fire Marshal 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 Marshal,
be sufficient cause to revoke or suspend the other permitted activities.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-24-1996 by L.L. No.
1-1996; 12-15-2004 by L.L. No. 14-2004; 1-10-2007 by L.L. No.
1-2007]
A schedule of fees is on file and available
in the office of the Building Inspector and/or the office of the Fire
Marshal. Fees for permits issued under this chapter shall be set by
resolution of the Town Board. Fees shall be collected prior to the
issuance of a permit.
[Amended 1-24-1996 by L.L. No. 1-1996; 1-10-2007 by L.L. No.
1-2007]
A.
A building works permit shall be effective to authorize
the commencing and continuance of work in accordance with the application,
plans and specification on which it is based for a period of 12 months
after the date of issuance. For good cause shown, the Building Inspector
may allow a maximum of two extensions for commencement of such work
for periods not exceeding six months each. Other permits shall be
effective as stated in other sections of this article.
B.
The issuance of a permit shall constitute authority
to the applicant to proceed with the work in accordance with all applicable
laws, codes, ordinances, rules and/or regulations.
C.
A building permit shall become void if work does not commence within one year after the date of its issuance, unless extended as provided in Subsection A above.
D.
Permits issued by the Fire Marshal 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 Fire Marshal 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.
E.
Permits or copies thereof shall be displayed prominently
on the job site at all times during the process of the work.
F.
The Commissioner or designee may issue a permit for
the construction of a part of a building or structure before the plans
and specifications for the entire building or structure have been
submitted or accepted, provided that adequate information and detailed
statements have been filed. The granting of a partial permit shall
not relieve the applicant of the requirement to submit a complete
set of plans and specifications to obtain a final building permit.
Construction shall not proceed beyond the scope of the partial permit
until a permit is issued for the remainder of the work.
G.
The Commissioner or designee may attach conditions
to the issuance of the permit to assure compliance with applicable
building regulations.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-24-1996 by L.L. No.
1-1996; 3-8-2006 by L.L. No. 4-2006; 1-10-2007 by L.L. No.
1-2007]
A.
The Building Inspector and Fire Marshal shall have
the authority to revoke or suspend permits issued by them as follows:
(1)
Where it is found that there have been false statements
or misrepresentations as to a material fact in the application, plans
or specifications upon which the permit was granted.
(2)
Where it is found that the permit was issued in error
and should not have been issued in accordance with the applicable
laws, codes, ordinances, rules or regulations.
(3)
Where the person to whom the permit has been issued
fails or refuses to comply with a stop-work order duly issued by the
Building Inspector and/or Fire Marshal.
(4)
Where it is found that work is not in conformance
with approved plans, specifications or conditions.
(5)
When violations of the Uniform Code and/or Code of
the Town of Brighton are reasonably believed to exist and the owner/tenant
does not comply with orders to abate said violations.
B.
In the event of a violation of this code, the Fire
Marshal may, in addition to the other penalties provided for herein,
suspend said permit until such time as the violation is corrected.
Should the Fire Marshal determine that the violation constitutes a
distinct hazard to life or public safety, he or she may order the
premises vacated and secured immediately until said violation is corrected.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-10-2007 by L.L. No.
1-2007]
A.
Whenever the Building Inspector and/or Fire Marshal
has reasonable grounds to believe that the work on any building or
structure is proceeding without 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,
the Building Inspector and/or Fire Marshal 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/or Fire Marshal 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/or Fire Marshal or that of an assistant and shall be
prominently posted at the work site.
[Amended 2-28-1990 by L.L. No. 1-1990; 1-10-2007 by L.L. No.
1-2007]
A.
Required inspections.Fire safety and property maintenance
inspections of buildings and structures shall be performed by the
Code Enforcement Officer or an inspector designated by the Code Enforcement
Officer at the following intervals:
(1)
Fire safety inspections of buildings and structures
which contain an area of public assembly shall be performed at least
once every 12 months;
(2)
Fire safety inspections of buildings and structures
being occupied as dormitories shall be performed at least once every
12 months;
(3)
Fire safety inspections of all multiple dwellings
not included in Subsection A(1)(a) or (b) shall be performed at least
once every 36 months; and
(4)
Fire safety inspections of all nonresidential buildings,
structures, uses and occupancies shall be performed at least once
every 36 months.
B.
A schedule of required inspections shall be made available
to all applicants for permits.
C.
In addition to the inspections required above, a fire
safety and/or property maintenance inspection of buildings and structures
may be performed at any time upon:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
Receipt of a written statement alleging that conditions
or activities failing to comply with the Uniform Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other
information, reasonably believed by the Code Enforcement Officer to
be reliable, giving rise to reasonable cause to believe that conditions
or activities failing to comply with the Uniform Code exist.
D.
It shall be the responsibility of the owner or his
or her agent to notify the Building Inspector and/or Fire Marshal
when work is ready for each required inspection.
E.
Inspection of all work authorized by a building work
permit shall be requested by notification of the office of the Building
Inspector in not less than one working day prior to the time the inspection
is to be scheduled unless otherwise approved by the Building Inspector.
All inspections shall be scheduled on regular working days during
normal working hours.
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
and/or Fire Marshal or in accordance with the established procedures
and rules and 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
and/or Fire Marshal may at all reasonable hours enter any building
or premises within the Town of Brighton for the purpose of making
the required inspections.
I.
The Fire Marshal may at any reasonable hour enter
any building, with the exception of a dwelling, for the purpose of
making any inspection or investigation to ensure compliance with the
provisions of this article and the Uniform Code.
J.
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.
[Amended 1-24-1996 by L.L. No. 1-1996; 1-10-2007 by L.L. No.
1-2007]
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(s) with the approval of the
Senior Planner or such other individual as shall be designated by
the Commissioner of Public Works.
[Amended 6-24-2009 by L.L. No. 6-2009; 4-27-2022 by L.L. No. 5-2022]
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.
C.
No use or occupancy of any structures shall be changed
to any different use classification or occupancy classification, whether
or not construction, reconstruction, remodeling, alteration or moving
is involved without the issuance of a certificate of occupancy.
[Amended 4-27-2022 by L.L. No. 5-2022]
[Amended 2-28-1990 by L.L. No. 1-1990; 1-24-1996 by L.L. No.
1-1996; 1-10-2007 by L.L. No. 1-2007]
A.
When, after final inspection, it is found that the proposed work has been fully completed in substantial compliance with the requirements of this article, all other applicable chapters of this Code, and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by his or her office. The intended use may not be commenced and no building may be occupied until all of the requirements of this article, all other applicable chapters of this Code and all requirements imposed pursuant to the issuance of a conditional use or special use permit have been complied with. Where applicable, a written statement of the structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code, must be received by the Building Inspector prior to the issuance of a certificate of occupancy. Where applicable, a certificate of compliance with the requirements of Chapter 211 of the CDR ("Flood Damage Prevention") must be received by the Building Inspector prior to the issuance of a certificate of occupancy.
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in substantial conformity with the provisions of the applicable laws,
ordinances, regulations and imposed requirements 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 or her agent must submit to the office
of the Building Inspector an instrument survey map showing the true
location and elevations of the new building or additions in reference
to all property lines and existing structures. The Building Inspector
may waive this requirement where it appears that such requirement
would create an undue hardship and where the waiving of such requirement
would not result in a violation by the applicant of any other sections
of this article or of any other ordinance, rule or regulation.
[Amended 4-13-2005 by L.L. No. 4-2005; 1-10-2007 by L.L. No.
1-2007]
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. The
Building Inspector shall determine the initial time period that a
temporary certificate of occupancy shall remain in effect and may,
for good cause, grant extensions to the initial period, provided that
the total of the initial period and any extensions shall not exceed
six months from the date of issuance.
[Amended 2-28-1990 by L.L. No. 1-1990]
A.
Temporary use permits shall be obtained from the Fire
Marshal, in addition to any other required approvals, for the following:
(1)
Combustible fibers. To store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except for agricultural
products on a farm.
(2)
Combustible materials. To store combustible materials,
including but not limited to lumber, wooden trusses, empty combustible
packing cases, boxes, barrels or similar containers, rubber tires,
bailed cotton, lumber, cork or other similar materials, in excess
of 3,500 cubic feet gross volume, on any premises.
[Amended 3-8-2006 by L.L. No. 4-2006]
(4)
The manufacture, possession, storage, sale, disposal,
use and operation of a terminal for the handling of explosives or
blasting agents, provided that all reasonable information concerning
the place, amount, operations and the time when such explosives or
blasting agents are to be manufactured, stored or used as required
by the Fire Marshal.
(6)
Flammable finishing. For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(7)
Hazardous chemicals. To store, handle or use more
than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing
materials; or more than 10 pounds of organic peroxides; or more than
50 pounds of nitromethane; or 1,000 pounds or more ammonium nitrate
fertilizers and fertilizer mixtures containing 50% or more of ammonium
or any amount of toxic materials or poisonous gas.
(8)
Liquefied petroleum gas. For each installation of
liquefied petroleum gas employing a container or an aggregate of connected
containers of 100 pounds or more, and for each permanent installation,
irrespective of the size of containers, made at buildings in which
20 or more persons congregate. Installers shall maintain a record
of all installations and replacements of portable cylinders (100 pounds
or more) and shall have it available for inspection.
[Amended 1-24-1996 by L.L. No. 1-1996]
(9)
Waste oil heater. To operate, maintain or use a waste
oil heater in any service station, self-service station or repair
garage.
(10)
All other hazardous materials as defined in Chapter
27 of the Fire Code of New York State.
[Added 10-13-2004 by L.L. No. 11-2004]
(11)
Blasting. To use explosives in construction or demolition.
[Added 3-8-2006 by L.L. No. 4-2006]
(12)
To operate a dry-cleaning facility, or to store dry-cleaning
fluids.
[Added 3-8-2006 by L.L. No. 4-2006]
(13)
To conduct a fireworks display, either ground-mounted
or aerial.
[Added 3-8-2006 by L.L. No. 4-2006]
(14)
To use an open flame to install or maintain a membrane
roof on any structure.
[Added 3-8-2006 by L.L. No. 4-2006]
(15)
To use a tent or temporary structure as a place of
public assembly.
[Added 3-8-2006 by L.L. No. 4-2006]
B.
All such temporary use permits must be renewed yearly
upon application therefor and the payment of the use permit fee as
herein required. The permit shall be issued only if a fire inspection
(and, if necessary, reinspections) demonstrates compliance with all
applicable state and local fire and property maintenance requirements.
Permits should be valid for one year or until the use or tenant of
the space changes or until there is an increase or decrease in floor
area use. If there is a change in occupancy, tenant, use or floor
area, a new permit will be required.
[Amended 3-8-2006 by L.L. No. 4-2006]
[Amended 2-28-1990 by L.L. No. 1-1990]
A.
Whenever it is found that a building or structure
or part thereof may be an imminent danger to life and safety of the
public, the Building Inspector and/or Fire Marshal may require the
occupants of any such building or structure or any part thereof to
vacate the premises forthwith. No person shall use or occupy such
building or structure or part thereof until it is made safe. Except
for the owner, no person shall enter the premises which have been
ordered vacated unless authorized to perform inspections, repairs,
remove contents of or to demolish and remove such building or structure
or part thereof.
B.
In addition to the above-mentioned provision, the
Fire Marshal shall report to the Building Inspector the location of
any building or structure which has been damaged by a fire or explosion
for any action deemed appropriate by the Building Inspector.
Whereas the New York State Uniform Fire Prevention
and Building Code makes reference to various subjects dealing with
fire protection and fire prevention practices and provides only general
procedures for administering said code, it is hereby deemed necessary
and appropriate to set forth additional administrative and enforcement
procedures for the Town of Brighton to enable the Building Inspector
and/or the Fire Marshal to effectively enforce the provisions of this
article. The specific areas of fire protection and/or fire prevention
which are the subject of these additional administrative provisions
are set forth herein and each subject is referenced to the applicable
section of the Uniform Code where such subject is addressed.
A.
Emergency access. Reference: Part 1161, Uniform Code.
(1)
All premises and buildings in the Town of Brighton
which a fire department may be called upon to protect in case of fire
shall be provided with suitable access roads and fire lanes so that
all buildings on the premises are accessible. Where new construction
or additions to existing structures are proposed, the Fire Marshal
shall recommend to the Planning Board or other agency or board responsible
for the approval of such new construction or addition the location
of access roads and fire lanes. During construction and until such
time as permanent roads and/or fire lanes are in place, suitable access
roads shall be constructed and maintained so as to provide access
for fire-fighting equipment, emergency vehicles and others who may
be required to enter upon the premises for the purpose of making required
inspections or for other purposes.
(2)
Fire lanes shall be a minimum of 25 feet in width.
The Fire Marshal shall have the authority to modify the width requirements
of fire lanes where such widths may be in conflict with other requirements
of law.
(3)
Fire lanes shall be clearly designated by suitable
signs to be provided by the owners or occupants of the premises. Failure
to replace or repair damaged, rusted or faded signs within 30 days
after written notice shall have been served upon the owner or occupant
shall constitute a violation of this article.
(4)
The signs required to be posted by this article shall
conform to the size and color requirements for parking signs as set
forth in the Manual of Uniform Traffic Control Devices of the New
York State Department of Transportation. In addition, said signs shall
also:
(5)
No person shall park or stand a vehicle in a designated
fire lane, except in obedience to direction of a police officer or
stop sign, nor shall any person, in any manner, obstruct any fire
lane or other access to a building or premises or otherwise obstruct
a source of water or other service necessary for fire-fighting purposes.
(a)
Whenever the Fire Marshal, a police officer
or a duly authorized assistant deems that an obstruction to or on
a fire lane or other means of access to a building or premises or
that an obstruction to a source of water or other service necessary
for fire-fighting purposes is such that it constitutes a distinct
hazard to life or public safety or is interfering with the operation
of the Fire Department during an emergency, the Fire Marshal, police
officer or duly authorized assistant may order the obstruction removed
immediately at the owner's expense.
(b)
In addition to the foregoing penalties, any
vehicle or other obstruction found standing, parked or left in a fire
lane or parked or left within 15 feet of a fire hydrant shall be subject
to being ticketed for a parking violation, as necessary, or may be
removed, towed away and/or stored by or at the discretion of any police
officer, Fire Marshal or Deputy Fire Marshal. Any such removal, towing
and storage, as herein provided, may be performed by a private towing
contractor, and any and all expenses related thereto shall be the
responsibility of the owner or person entitled to possession of said
vehicle or obstructing article.
B.
Means of egress. Reference: Uniform Code Part 1162.
Whenever any special security methods or security devices deemed necessary
by the owner or person in charge of the premises affect the means
of egress, such security methods or security devices shall not be
used or installed without first obtaining the written consent of the
Building Inspector or Fire Marshal.
C.
Water supply.
(1)
Reference: Uniform Code Part 1163.13a.
(a)
Fire Department connections for standpipe and
sprinkler systems shall be accessible to emergency use at all times.
No obstructions of any type shall be placed within 10 feet of said
connections. The same requirements shall apply to snow removal and
plowing.
(b)
Fire hydrants in residential districts shall
not exceed a maximum of 500 feet apart. In higher density areas, such
as apartments, commercial or industrial districts, hydrants shall
not exceed a maximum of 300 feet apart and shall be so located that
the buildings can be reached by comparatively short hose lays from
more than one hydrant. The location, size of water mains and hydrants
shall be subject to the approval of the Fire Marshal and/or Town Engineer.
(c)
Fire hydrants.
[1]
The location of public and private hydrants
shall not exceed the maximum distance herein established. Hydrants
located in subdivisions and other residential areas shall be located
at intersections whenever possible.
[2]
In areas where new construction is being undertaken
and public or private water mains and hydrants do not exist, water
mains and hydrants shall be installed and be in proper operating condition
prior to the commencement of any aboveground construction.
[3]
No person shall cause any obstruction to be
placed within 15 feet of any public or private fire hydrant except
those officially authorized to do so.
[4]
Privately owned water mains and fire hydrants
on property devoted to public use, including but not limited to multiple-dwelling
complexes, churches, commercial buildings, schools, places of assembly
and shopping centers, shall be regularly maintained and annually serviced
by the owner or person generally in charge of the subject premises.
Such maintenance and annual servicing shall be conducted in accordance
with generally accepted standards, and records of such annual maintenance
shall be kept on the premises so that same is available for examination.
(2)
Sprinkler systems; Reference: Uniform Code, Part 1163.13b.[1] All sprinkler systems shall be annually inspected, tested
and repaired as necessary in compliance with the applicable nationally
recognized standards referenced in this article or the Uniform Code.
A copy of the inspection and testing shall be kept on the premises
so that the same is available for examination.[2]
D.
Places of public assembly. Reference: Uniform Code,
Part 1164.2.
(1)
It shall be unlawful for the owner, manager or other
person in charge of the premises to knowingly permit occupancy of
the premises to exceed the occupancy limits established by the Town
of Brighton Building Inspector and/or Fire Marshal. Failure to so
prevent overcrowding shall constitute a violation of this article.
(2)
No person shall refuse to vacate any premises in which
the occupancy limits have been exceeded when directed to do so by
the management of the premises, police officer, Building Inspector,
Fire Marshal or any other official authorized to enforce the provisions
of this article. Failure to so vacate the premises shall constitute
a violation of this article.
(3)
No person, firm or corporation shall occupy, or permit
the occupancy of, any place of public assembly, including but not
limited to day-care centers, without first obtaining a permit from
the Fire Marshal. The permit shall be issued only if fire inspections
(and, if necessary, reinspections) demonstrate compliance with all
applicable state and local fire and property maintenance requirements.
Permits shall be valid for one year or until the use or tenant of
the space changes or until there is an increase or decrease in floor
area used, whichever is less. If there is a change in occupancy, tenant,
use or floor area, a new permit will be required.
[Added 3-8-2006 by L.L. No. 4-2006]
E.
Service stations and garages. Reference: Uniform Code,
Part 1164.3.
(1)
Storage and handling of motor vehicle fuel.
(a)
Underground storage tanks containing gasoline,
oil or other liquid that generate flammable vapors at normal temperatures
shall be limited to a maximum of 12,000 gallons per tank.
(b)
The Fire Marshal or his or her duly authorized
representative may order the owner or occupants of premises having
liquid storage tanks to have such tanks or associated piping tested
by methods prescribed by the Fire Marshal when the Fire Marshal has
reasonable cause to believe that such tanks piping may contain a leak.
(c)
Leaking tanks containing any flammable or combustible
liquid or any pump or piping used in connection therewith which may
be defective or in need of repair shall be repaired or replaced immediately,
and the Fire Marshal, in his or her sole discretion, shall determine
whether the station or facility must cease any or all operations while
such repairs or replacements are being done.
(d)
No installation, alteration or replacement of
underground or aboveground tanks, pumps, piping and other equipment
relating to the storage of flammable liquids shall be permitted without
prior notification to the Fire Marshal, nor shall any pressure test
or other test for leaks be conducted without giving at least twenty-four-hour
prior notification to the Fire Marshal.
(e)
No more than one gasoline tank truck shall be
permitted to deliver flammable liquids on the premises of a gasoline
service facility at any one time. Before making any deliveries to
underground tanks, the driver or other authorized person shall set
the brakes of the truck and shall turn off the engine of the vehicle.
Evertite or O.P.W. fill couplings, or equivalent, must be used when
unloading flammable liquids from tank truck to storage tank. The driver
shall remain at the point of delivery to prevent spillage and overflow.
In case of spillage or overflow, the Fire Department shall be notified
immediately.
(f)
All accidental spillage or leakage of a flammable
liquid in quantities of five United States gallons or greater shall
be immediately reported to the Fire Department.
(g)
A sufficient quantity of Stay Dry Absorbent,
or equivalent, must be kept on the premises at all times for flammable
liquid spills and should be used for the purpose whenever possible
instead of flushing with water.
(h)
The telephone number of the owner, lessee or
station operator shall be posted on the door in a conspicuous location
so that proper notification can be made in the event of an emergency.
(2)
Self-service stations. "Self-service station" shall
mean that portion of the property where Class I liquids used as motor
vehicle fuels are dispensed from fixed approved dispensing equipment
into the fuel tanks of motor vehicles or approved portable containers
by persons other than the service station attendant. Self-service
stations, in addition to the requirements set forth herein for the
storage and handling of motor vehicle fuel, shall also be subject
to the following:
(a)
Self-service pumps and nozzles shall be confined
to service islands with no more than three self-service dispensing
units per island, each of which dispensing units shall utilize no
more than two hoses and nozzles per unit. Approved dispensing devices,
such as but not limited to card-operated and remote preset types,
shall be permitted, provided that the dispensing of Class I liquids
is under the direct supervision of a qualified attendant whose duties
and qualifications shall comply with the standards and guidelines
established by the Fire Marshal:
(b)
All self-service gasoline dispensing units shall
be equipped with the following:
[1]
A control device that will permit the pump to
operate only when the dispensing nozzle is removed from its bracket
on the dispensing unit and the switch for which is manually activated.
Said control device shall also stop the pump when the nozzle has been
returned to its bracket.
[2]
A means of being secured, locked or otherwise
inoperable when the station is not open for business.
(c)
The areas where said Class I liquids are dispensed
shall be equipped with all of the following:
[1]
A traffic mirror, of sufficient size, located
on each end of each pump island to give the attendant clear and unobstructed
view of each island, said mirrors to be installed in locations approved
by the Fire Marshal.
[2]
A two-way communication system of the public
address type to facilitate direct and individual communication between
the control room area and each pump island at all times that Class
I liquids are being dispensed.
[3]
An automatic fire-extinguishing system installed
in conformity with nationally recognized good practices and standards
approved by the Fire Marshal. Said system shall also be designed so
as to be able to be activated from a location remote from the pump
island area, preferably in the control room area if said station is
so equipped, and to automatically terminate the electrical power to
all service islands in the event of the system's operation. Where
a service station has one self-service island within 30 feet of a
full-service island, both self-service and full-service islands shall
be so equipped with the automatic fire-extinguishing system as provided
herein.
[4]
Signs conspicuously posted setting forth the
operating instructions of the dispensing units and also incorporating
the following or equivalent wording:
|
WARNING:
| |
|---|---|
|
1)
|
It is unlawful to dispense gasoline into containers
not approved for such use.
|
|
2)
|
NO SMOKING
|
|
3)
|
STOP ENGINE
|
[5]
A clearly visible numeral or letter at least
six inches in height shall be conspicuously posted on each island
with a smaller corresponding numeral or letter posted as near as possible
to the automatic fire-extinguishing system controls.
(3)
No person, firm or corporation shall operate as service
station, vehicle repair garage, or self-service station without first
having obtained a permit from the Fire Marshal. The permit shall be
issued only if a fire inspection (and, if necessary, reinspections)
demonstrates compliance with all applicable state and local fire and
property maintenance requirements. Permits shall be valid for one
year or until the use or tenant of the space changes or until there
is an increase or decrease in floor area used. If there is a change
in occupancy, tenant, use or floor area, a new permit will be required.
[Added 3-8-2006 by L.L. No. 4-2006]
F.
Hazardous materials.
[Added 10-13-2004 by L.L. No. 11-2004]
(1)
When hazardous materials are released, in quantities
of over 25 gallons and reportable under state or federal law and/or
regulations, the owner and operator shall both promptly report the
release to the Fire Marshal and/or Building Inspector.
(2)
When facilities for the use, handling or storage of
hazardous materials are closed, as defined in Chapter 27, Section
2701.5.2, of the State Fire Code, the owner and, if applicable, the
operator shall secure a permit from the Town for permanent closure.
The application shall be accompanied by a closure plan and evidence
of financial capability. The Fire Marshal may impose such conditions
on the permit as may be necessary to insure the public health and
safety and to protect the environment. The owner and, if applicable,
the operator shall comply with such conditions.
(3)
The storage and handling of hazardous materials shall
only take place in full compliance with all requirements of Sections
2703, 2704 and 2705 of the State Code and shall require a temporary
use permit from the Fire Marshal. No person, firm or corporation shall
operate a facility which uses, handles or stores hazardous materials
without first having obtained a permit from the Fire Marshal. The
permit shall be issued only if a fire inspection (and, if necessary,
reinspections) demonstrates compliance with all applicable state and
local fire and property maintenance requirements. Permits shall be
valid for one year or until the use or tenant of the space changes
or until there is an increase or decrease in floor area used. If there
is a change in occupancy, tenant, use or floor area, a new permit
will be required.
[Amended 3-8-2006 by L.L. No. 4-2006]
G.
Multiple dwellings. No person, firm or corporation
shall occupy, or permit the occupancy of, any multiple dwelling without
first obtaining a permit from the Fire Marshal. The permit shall be
issued only if a fire safety inspection demonstrates current compliance
with all applicable state and local fire safety requirements. Permits
shall be valid for three years, or until the use of the dwelling changes.
For multiple dwellings occupied on the effective date of this amendment,
the first permit shall be obtained when directed by the Fire Marshal,
but in no event later than January 1, 2010.
[Added 1-10-2007 by L.L. No. 1-2007]
H.
Nonresidential buildings and structures. No person,
firm or corporation shall occupy, or permit the occupancy of, any
nonresidential building or structure, without first obtaining a permit
from the Fire Marshal. The permit shall be issued only if a fire safety
inspection demonstrates current compliance with all applicable state
and local fire safety requirements. Permits shall be valid for three
years, or until the use of the building or structure changes. For
nonresidential buildings and structures occupied on the effective
date of this amendment, the first permit shall be obtained when directed
by the Fire Marshal, but in no event later than January 1, 2010.
[Added 1-10-2007 by L.L. No. 1-2007]
A.
Violations; procedures for correction; appearance
tickets; fire lane and parking violations.
(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 or 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
and/or Fire Marshal 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 for 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, 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 Taxes or
in the office of the County Clerk.
(6)
Appearance tickets. The Building Inspector and/or
Fire Marshal shall have the authority, pursuant to the Criminal Procedure
Law, to issue an appearance ticket subscribed by him or her, 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 and/or Fire Marshal within the time
fixed for compliance therewith and any owner, builder, architect,
engineer, tenant, contractor, subcontractor, plumber, construction
superintendent or their agents 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
and/or Fire Marshal made thereunder or in addition to any other penalties
provided for in this article or any person who shall violate any provision
of this article, the Uniform Code, 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 specifications,
plans submitted or permit conditions and approved thereunder or any
certificate or permit issued thereunder shall be punishable as provided
in § 382 of the Executive Law, and each day such violation
continues shall constitute a separate violation. The imposition of
such penalty shall not be held to prohibit the enforced removal of
prohibited conditions by any appropriate remedy, including immediate
application for an injunction.
[Amended 1-24-1996 by L.L. No. 1-1996]
(2)
An action or proceeding in the name of the Town of
Brighton, 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, 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.
This article shall not be construed to hold
any code enforcement officer of the Town of Brighton or the Town of
Brighton 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 it be liable for any damage to persons or property by reason
of the Building Inspector's and/or Fire Marshal's exercising their
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.
