[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Unsafe buildings — See Ch 60.
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Village of Fultonville. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, state law, or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
The Village of Fultonville hereby adopts the applicability of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in place of its local Fire and Building Codes.
The words and terms used in this chapter shall have the same meanings as those contained in Executive Law Article 18, as added by Chapter 707 of the Laws of 1981, unless the context may otherwise require.
There is hereby designated in the Village of Fultonville a public official to be known as the Zoning/Code Enforcement Officer, who shall be appointed by the Mayor, with the approval of the Village Board at a compensation to be fixed by the Board.
In the absence of the Zoning/Code Enforcement Officer, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act in behalf of the Zoning/Code Enforcement Officer and to exercise all the powers conferred upon him by this chapter, at a compensation to be fixed by the Board.
The Mayor, with the approval of the Village Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Zoning/Code Enforcement Officer and to exercise any portion of the powers and duties of the Zoning/Code Enforcement Officer as directed by him.
The Zoning/Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, certificates of compliance, collecting fees as set forth by the Village Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Village Board. The Zoning/Code Enforcement Officer is authorized to pursue administrative actions and in consultation with the Village Attorney, legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter, or other laws, rules or regulations of the Village of Fultonville of the State of New York.
Permits required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the erection, construction, enlargement, alteration, repair, improvement, removal, relocation or demolition of any building or structure, install solid fuel heating equipment, install or extend an electrical system or cause the same to be done, without first obtaining a building permit from the Zoning/Code Enforcement Officer for each such building or structure. Building permits shall be required for any work which must conform to the Uniform Code. Exceptions to the requirement for building permits may be allowed for:
Necessary repairs which do not materially affect structural features.
Alterations to existing buildings, provided that they:
[Amended 8-21-2017 by Res. No. 08-05-2017]
Do not materially affect structural features;
Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;
Do not involve the installation or extension of electrical systems; and
Do not include the installation of solid fuel burning heating appliances and associated chimneys or flues.
Except as provided for in Subsection C, small noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, for example; a small storage building.
The Zoning/Code Enforcement Officer shall examine or cause to be examined the application and shall approve or disapprove the application within a reasonable time and issue or deny a building permit. Upon approval of the application, all sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Zoning/Code Enforcement Officer, and the other set shall be returned to the applicant, together with a building permit, and shall be kept at the building site, open to inspection by the Zoning/Code Enforcement Officer at all reasonable times. If the application describes work which does not conform to all the requirements of the New York State Uniform Fire Prevention and Building Code, the Zoning/Code Enforcement Officer shall disapprove the same and shall deny the permit, giving the reasons therefor to the applicant, in writing.
Clarification of projects requiring a building permit includes, but is not limited to, swimming pools, roof replacements where the old roofing is not removed, noncommercial storage structures larger than 144 square feet, and all exterior decks and stairs.
The application for a building permit shall be submitted to the Zoning/Code Enforcement Officer and shall contain the following information:
A description of the land on which the proposed work is to be done, together with a survey if required by the Zoning/Code Enforcement Officer.
A statement of the use or occupancy of all parts of the land and of the building or structure.
The valuation of the proposed work.
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
A brief description of the nature of the proposed work.
Such other information as may reasonably be required by the Zoning/Code Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
The application shall be made by the owner or lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
Each application for a building permit shall be accompanied by two sets of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distances from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Zoning/Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
Whenever the plans accompanying an application are for a structure which, in the opinion of the Zoning/Code Enforcement Officer, is of a complex design, the Zoning/Code Enforcement Officer shall require the applicant to file an affidavit, signed by a licensed architect or engineer, certifying that the plans and specifications comply with the provisions of this chapter in force on the date of the application. In such case, the Zoning/Code Enforcement Officer may, in his discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1/3 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event that the Zoning/Code Enforcement Officer employs a licensed engineer or architect under the provisions of this subsection, the Zoning/Code Enforcement Officer may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter and the State Uniform Fire Prevention and Building Code.
Whenever the plans accompanying an application are for a structure which, in the opinion of the Zoning/Code Enforcement Officer, is of a complex design, the Zoning/Code Enforcement Officer may, in his discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to him (and who may be already employed by the owner or builder) supervise all work done under the permit to see that the work conforms to the approved plans and specifications and, forthwith upon its completion, make and file with the Zoning/Code Enforcement Officer an affidavit or affidavits that he or they have complied with all inspection requirements of this chapter and the Uniform Code and that the work has been carried out according to the approved plans and specifications and in accordance with the provisions of this chapter. In such case, the Zoning/Code Enforcement Officer may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the approved plans and specifications and the requirements of this chapter and the New York State Uniform Fire Prevention and Building Code applying to buildings of its class and kind.
Plans and specifications shall bear the signature of the person responsible for the design of the drawings.
The Zoning/Code Enforcement Officer may waive the requirements for filing plans.
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Zoning/Code Enforcement Officer.
The Zoning/Code Enforcement Officer may revoke a building permit theretofore issued and approved in the following instances:
Where there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order.
Fees shall be charged to the applicant upon the filing of an application for a building permit. Fees shall be charged for other duties and services performed by the Zoning/Code Enforcement Officer. The amount of the fees and their imposition shall be determined and may be redetermined from time to time by resolution of the Board of Trustees.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work, in accordance with the approved plans and specifications and in accordance with the New York State Uniform Fire Prevention and Building Code.
The progress of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the New York State Uniform Fire Prevention and Building Code and applicable regulations. Such new construction inspection shall be carried out prior to enclosing or covering of the particular portion or phase of building construction, including but not limited to footings, foundation, framing, electrical, insulation, plumbing, heating and air conditioning before issuance of final certificate of occupancy.
The inspection shall be made by the Zoning/Code Enforcement Officer.
It shall be the duty and responsibility of the owner or authorized agent to inform the Zoning/Code Enforcement Officer 24 hours in advance that the work is ready for each phase of inspection.
Third-party inspection for all electrical work done under the New York State Uniform Fire Prevention and Building Code must be performed by an inspector certified by the National Electrical Inspectors Association and be acceptable to the Village of Fultonville.
A building or structure for which a permit has been issued shall not be used or occupied, in whole or in part, until a certificate of occupancy shall have been issued by the Zoning/Code Enforcement Officer. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the New York State Uniform Fire Prevention and Building Code and other applicable laws, rules and regulations.
A temporary certificate of occupancy may be issued by said Zoning/Code Enforcement Officer pending final completion of the work, provided that the use or occupancy of the building shall not present a danger to any person or property.
A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prescribed fees.
A certificate of occupancy is also required whenever a building is converted from one general occupancy classification to another, as defined by Part 701 of Title 9 of the New York State Uniform Fire Prevention and Building Code.
Existing buildings not subject to inspection under § 68-10.
Existing buildings not subject to inspection under § 68-10 of this chapter shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule:
Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
The inspections required by § 68-10 of this chapter must be performed by the Zoning/Code Enforcement Officer or inspectors appointed by the Village Board to assist him. The Zoning/Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by registered mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as set forth in § 68-19 of this chapter.
A person subject to inspection under § 68-10 may be required by the Zoning/Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Zoning/Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, other certified Zoning/Code Enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Zoning/Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Zoning/Code Enforcement Officer. Any person required by the Zoning/Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed by the Village Board.
An inspection of a building or dwelling unit shall be performed at any other time upon:
Such inspection shall be performed by the Zoning/Code Enforcement Officer.
This chapter shall be enforced by a Zoning/Code Enforcement Officer, who shall be appointed annually by the Mayor of the Village of Fultonville, with the approval of the Board of Trustees.
The Zoning/Code Enforcement Officer shall monthly submit a report to the Board of Trustees containing such information as the Board of Trustees shall prescribe by resolution, including but not limited to the number and category of inspections conducted during the village's preceding fiscal year, the number of violations and abatement thereof, the number and type of permits issued and recommendations for improving the administration and enforcement of the New York State Uniform Fire Prevention and Building Code.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 68-5 of this chapter. If the Zoning/Code Enforcement Officer, after inspection, determines that the installation is in compliance with the New York State Uniform Fire Prevention and Building Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Board of Trustees. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
Whenever the Zoning/Code Enforcement Officer has reasonable grounds to believe that the work in any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, the Zoning/Code Enforcement Officer shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such order and notices shall be in writing and shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Zoning/Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.
Upon determination by the Zoning/Code Enforcement Officer that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Zoning/Code Enforcement Officer shall order in writing the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance. Such order shall be served personally or by certified mail/return receipt requested. The Zoning/Code Enforcement Officer for the Village of Fultonville shall have the authority, pursuant to Article 150 of the New York Criminal Procedure Law, to issue appearance tickets as defined therein for the purpose of enforcing this chapter.
In addition to the remedies prescribed by Executive Law § 382, any person, corporation, association, firm or partnership that fails to remedy the condition found to exist in violation of the New York State Uniform Fire Prevention and Building Code and this chapter shall be subject to a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each violation that continues to exist beyond the date fixed in the order of the Zoning/Code Enforcement Officer to remedy the violation shall be deemed a separate offense.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section.