[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
Necessary repairs which do not materially affect structural
features.
(2)
Alterations to existing buildings, provided that they:
[Amended 8-21-2017 by Res. No. 08-05-2017]
(a)
Do not materially affect structural features;
(b)
Do not affect fire safety features such as smoke detectors,
sprinklers, required fire separations and exits;
(c)
Do not involve the installation or extension of electrical
systems; and
(d)
Do not include the installation of solid fuel burning
heating appliances and associated chimneys or flues.
B.
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.
C.
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.
A.
The application for a building permit shall be submitted
to the Zoning/Code Enforcement Officer and shall contain the following
information:
(1)
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.
(2)
A statement of the use or occupancy of all parts of
the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
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.
(5)
A brief description of the nature of the proposed
work.
(7)
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.
B.
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.
C.
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.
(1)
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.
(2)
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.
(3)
Plans and specifications shall bear the signature
of the person responsible for the design of the drawings.
(4)
The Zoning/Code Enforcement Officer may waive the
requirements for filing plans.
D.
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:
A.
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.
B.
Where the building permit was issued in error and
should not have been issued in accordance with the applicable law.
C.
Where the work performed under the permit is not being
performed in accordance with the provisions of the application, plans
or specifications.
D.
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.
A.
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.
B.
The inspection shall be made by the Zoning/Code Enforcement
Officer.
C.
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.
D.
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.
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.
B.
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.
C.
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.
D.
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.
A.
Existing buildings not subject to inspection under § 68-10.
(1)
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:
(a)
All areas of public assembly as defined in the
Uniform Code, all buildings or structures containing areas of public
assembly: every 12 months.
(b)
All buildings or structures open to the general
public: every 24 months.
(c)
All other buildings: every 24 months with notice
to property owner.
[Amended 1-19-2021 by Res. No. 01-01-2021]
(d)
Multiple-unit buildings.
[Added 1-19-2021 by Res. No. 01-01-2021]
[1]
The Village will establish a list of buildings that meet the criteria.
[2]
The Village will send a letter to such property owners of multiple-unit buildings that will state that the Village, per Code § 68-12, will conduct building inspections every 24 months.
[3]
This letter will also state that the property owner should contact
the Village Clerk to schedule an appointment with the Village Code
Enforcement Officer.
[4]
In lieu of an inspection, the property owner may submit to the Village
every 24 months a notarized insurance document that states the building
is in compliance with all New York State and Village Code.
[5]
Failure to make this appointment or submit the required insurance document will result in penalties as stated in § 68-19.
[6]
If the need arises, the Village Code Officer may contact the property
owner per specific complaint to inspect the building within five days
of contact.
(2)
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.
B.
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.
C.
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.
D.
An inspection of a building or dwelling unit shall
be performed at any other time upon:
E.
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.
[Amended 1-19-2021 by Res. No. 01-01-2021]
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 $500 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.
