[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]
(3) 
Compressed gases.
(a) 
To store, handle or use at normal temperatures at pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied hydrogen gas.[1]
[1]
Editor's Note: Former Subsection A(4), Day-care center, which immediately followed this subsection, was deleted 1-24-1996 by L.L. No. 1-1996.
(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.
(5) 
Flammable and combustible liquids.
(a) 
For processing, blending or refining of flammable or combustible liquids.
(b) 
To install, alter or replace any underground or aboveground tank, pump, piping and other equipment relating to the storage of flammable and combustible liquids.
(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:
(a) 
Have arrows pointing in the direction of the area designated as a fire lane.
(b) 
Be posted not more than 50 feet apart.
(c) 
Be of a permanent nature, not portable or removable, except where otherwise directed by the Fire Marshal.
(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]
[1]
Editor's Note: See also Art. III, Fire Sprinkler Systems, of this chapter for further regulations concerning sprinkler systems.
[2]
Editor's Note: Former § 16-26, Fire alarm systems, which immediately followed this sections, was deleted 1-24-1996 by L.L. No. 1-1996; see Ch. 1, General Provisions, Art. I.
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:
[1] 
Self-service gasoline station attendants shall be at least 18 years of age, properly trained and physically fit to act in an emergency.
[2] 
Trainees enrolled in a school training program who are at least 16 years of age need not meet the basic age requirement.
(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.