[HISTORY: Adopted by the Town Board of the
Town of Mount Pleasant 3-25-1969 as Ch. 8 of the 1969 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elevators and other automatic equipment — See Ch. 88.
Excavations and topsoil removal — See Ch. 96.
Fire prevention — See Ch. 104.
Flood damage prevention — See Ch. 108.
Freshwater wetlands — See Ch. 111.
Plumbing standards — See Ch. 157.
Property maintenance — See Ch. 162.
Signs — See Ch. 176.
Zoning — See Ch. 218.
Fees — See Ch. A224.
Subdivision regulations — See Ch. A227.
A.
There is hereby established in the Town of Mount Pleasant
a Department, to be designated as the "Building Department," for the
administration and enforcement of the provisions of all laws, ordinances,
rules, regulations and orders applicable to the design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy.
removal and demolition of buildings and structures and their appurtenances
located in the Town of Mount Pleasant, except as to such matters as
shall be provided for in the Building Zone Ordinance of the Town and
amendments thereto.[1]
B.
The Department of Buildings shall be headed by a Town
official designated as the Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 3-13-2001 by L.L. No. 1-2001]
The Building Inspector shall be appointed by
the Town Board to serve at the pleasure of the Board at a compensation
to be fixed by the Town Board.
[Amended 3-13-2001 by L.L. No. 1-2001]
The Town Board may appoint one or more Construction
Inspectors, as the need may appear, to exercise pursuant to the provisions
of this chapter any or all of the duties of the Building Inspector.
The compensation of such Construction Inspectors shall be fixed by
the Town Board.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his duties or with
the interests of the Building Department, nor shall be, during the
term of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the Town of Mount Pleasant,
excepting only that this provision shall not prohibit any employee
from such activities in connection with the construction of a building
or structure owned by him.
A.
The Building Inspector shall:
[Amended 3-13-2001 by L.L. No. 1-2001]
(1)
Receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or parts
thereof and shall examine the premises for which such applications
have been received or such permits have been issued, for the purpose
of ensuring compliance with the laws, ordinances and regulations governing
building construction. Attached to such application at time of receipt
shall be a building permit issued under the Building Zone Ordinance
of the Town of Mount Pleasant.
(2)
Issue all appropriate notices or orders to remove
illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations.
(3)
Make all inspections which are necessary or proper
for the carrying out of his duties, except that he may accept written
reports of inspection from Construction Inspectors or other employees
of the Department of Buildings or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
B.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies, at the expense of the applicant.
[Amended 3-13-2001 by L.L. No. 1-2001]
A.
The Building Inspector shall keep permanent official
records of all transactions and activities of the Building Department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. All such records shall be public records open to public inspection
during business hours.
B.
The Building Inspector shall monthly submit to the
Town Board a written report and summary of all business conducted
by the Building Department, including permits, and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Department
for each such building or structure, except that no building permit
shall be required for the performance of ordinary repairs which are
not structural in nature.
B.
Application for a building permit shall be made to
the Building Inspector on forms provided by the Building Department
and shall contain the following information:
[Amended 3-13-2001 by L.L. No. 1-2001]
(1)
A description of the land on which the proposed work
is to be done.
(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 and the square
feet of floor area involved.
(4)
The full name and address of the owners 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 Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws. ordinances
and regulations.
(8)
A copy of the building permit issued for the premises
under the Building Zone Ordinance.
(9)
An affidavit of estimated cost setting forth separately
the cost of materials and labor and further setting forth the sources
from which the information relative thereto was obtained.
C.
Applications 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.
D.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications and shall include
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, distance from lot lines and, where required by
the Building Inspector, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys
and details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data.
[Amended 3-13-2001 by L.L. No. 1-2001]
(2)
Plans and specifications shall bear the signature
of person responsible for the design and drawings.
E.
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 Building
Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 3-13-2001 by L.L. No. 1-2001]
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto; provided, however, that
prior to the issuance of the building permit, the plumbing permit,
if any, required for the structure shall be exhibited to the Building
Inspector.
C.
Upon approval of the application, both 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 Department of Buildings, and the other set shall
be returned to the applicant, together with the building permit, and
shall be kept at the building site open to inspection by the Building
Inspector or his authorized representative at all reasonable times.
D.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the building official shall disapprove the same and shall return the
plans and specifications to the applicant. Upon the request of the
applicant, the Building Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
[Amended 3-13-2001 by L.L. No. 1-2001; 11-11-2003; 6-26-2012]
A.
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of one year after
the date of issuance. For a good cause the Building Inspector may
allow a maximum of two extensions for periods not exceeding six months
each. There shall be a fee of $300 for each such extension. Upon the
expiration of any second extension period there shall be no further
extension of the permit and a new permit shall be required. Upon the
issuance of any new permit, all permit fees applicable shall be required
without credit for any fees paid under the expired permit.
B.
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 applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications,
except that no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building regulations.
C.
The legalization of construction performed without the necessary permits requires the Building Inspector to determine if work performed is in accordance with all applicable building laws, ordinances or regulations. There shall be a fee per legalization required as set forth in Chapter A224, Fees, for legalizations.
[Amended 3-26-1985; 4-9-1985; 3-13-2001 by L.L. No. 1-2001; 11-11-2003]
A.
Upon the filing of an application for a building permit, the building permit fees set forth in Chapter A224, Fees, shall be payable.
B.
Upon completion of the work, the applicant shall file
with the Building Inspector an affidavit of actual cost and shall
pay an excess fee thereby shown to be due.
C.
Other fees.
[Amended 3-13-2001 by L.L. No. 1-2001]
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that 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 he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the applications,
plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he 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 persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, 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.
Any employee of the Department of Buildings,
upon the showing of proper credentials and in the discharge of his
duties. may enter upon any building, structure or premises at any
reasonable hour, and no person shall interfere with or prevent such
entry.
[Amended 3-13-2001 by L.L. No. 1-2001]
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector. No such certificate shall be issued
prior to the filing of an affidavit of actual cost.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building 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 change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy shall have
been issued by the Building Inspector.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change that
use or occupancy; and he may conduct such inspections as he deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.
[Amended 3-13-2001 by L.L. No. 1-2001]
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections, together with a
record of findings of violations of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations, and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
[Amended 3-13-2001 by L.L. No. 1-2001]
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
[Amended 3-13-2001 by L.L. No. 1-2001]
A.
Upon request, the Building Inspector may issue a temporary
certificate of occupancy for a building or structure or part thereof
before the entire work covered by the building permit shall have been
completed, provided that such portion or portions as have been completed
may be occupied safely without endangering life or the public welfare.
Occupancy shall not continue for more than three months under a temporary
certificate of occupancy.
[Amended 3-13-2001 by L.L. No. 1-2001]
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 Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance, at the applicant's
expense.
A.
All buildings or structures which may now be or shall
hereafter become dangerous or unsafe to the public or are otherwise
dangerous to human life are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance
with the procedure of this section.
B.
The Building Inspector shall examine or cause to be
examined every building reported as unsafe or damaged and shall make
a written report of such examination, a copy of which shall be filed
with the Town Board.
[Amended 3-13-2001 by L.L. No. 1-2001]
C.
Whenever the Building Inspector shall find any building
or structure or portion thereof to be unsafe or dangerous, he shall,
in the manner and form provided in § 130, Subdivision 16,
of the Town Law, give to the owner, his legal representative, agent,
lessee or person in control of such building or structure written
notice personally or by registered mail containing a description of
the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order requiring that the
same be made safe and secure or removed within a stated time. Such
correction of the unsafe condition shall be started within five days
from receipt of such notice and shall be completed with all reasonable
dispatch.
[Amended 3-13-2001 by L.L. No. 1-2001]
D.
If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life,
such notice shall also require the building, structure or portion
thereof to be vacated forthwith and not reoccupied until the specified
repairs and improvements are completed, inspected and approved by
the building official. The Building Inspector shall cause to be posted
at each entrance to such building a notice: "THIS BUILDING IS UNSAFE,
AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation, or their agents or other servants, to remove such
notice without written permission of the Building Inspector, or for
any person to enter the building except for the purpose of making
the required repairs or of demolishing same.
[Amended 3-13-2001 by L.L. No. 1-2001]
E.
In case the owner, his legal representative, agent,
lessee or person in control shall fail, neglect or refuse to comply
with notice to repair, rehabilitate or to demolish and remove said
building or structure or portion thereof, the Building Inspector shall
report the same to the Town Board, who shall name an architect. Such
architect, together with the Building Inspector and, if the person
notified as hereinafter provided shall so desire, a practical builder,
engineer or architect appointed by such person, shall make a survey
of the premises and a report thereon. Notice of the intention to make
such survey shall be given personally or by registered mail to the
owner, his legal representative, agent, lessee or person in control
of the building or structure, and such notice shall state that in
the event the building or other structure shall be reported unsafe
or dangerous under such survey. The Building Inspector shall post
a signed copy of the report of the survey on the building. The Town
Board shall thereafter consider such report and, by resolution, determine
if, in its opinion, the report so warrants that such building is unsafe
and dangerous and order its repair if the same can be safely repaired
or its demolition and removal, and further order that a notice be
served upon the owner, in the same manner as detailed above.
[Amended 3-13-2001 by L.L. No. 1-2001; 9-28-2022 by L.L. No. 3-2022]
F.
Thereafter, in cases of emergency which, in the opinion
of the Building Inspector, involve imminent danger to human life or
health, he shall promptly cause such building, structure or portion
thereof to be made safe or removed. For this purpose he may at once
enter such structure or land on which it stands, or abutting land
or structure, with such assistance and at such cost as may be necessary.
He may vacate adjacent structures and protect the public by appropriate
barricades or such other means as may be necessary and, for this purpose,
may close a public or private way.
[Amended 3-13-2001 by L.L. No. 1-2001]
G.
Costs, including the reasonable compensation of the surveyor, incurred under Subsections E and F of this section, shall be paid out on certificate of the Building Inspector. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing or securing, said building or structure shall be assessed against the land on which said building or structure is located and, if not paid at or prior to the levy of the next succeeding Town tax, shall be extended by the Supervisor against such property in addition to the Town tax to be levied therein.
[Amended 3-13-2001 by L.L. No. 1-2001]
A.
It shall be a misdemeanor for any person, firm or
corporation to construct, alter, repair, move, remove, demolish, equip,
use, occupy or maintain any building or structure or portion thereof
in violation of any provision of this ordinance or to fail in any
manner to comply with a notice, directive or order of the Building
Inspector 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 or certificate of occupancy.
[Amended 3-13-2001 by L.L. No. 1-2001]
B.
Any person who shall fail to comply with a written order of the Building
Department within the time fixed for compliance therewith, and any
owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or
assisting in the construction or use of any building, who shall knowingly
violate any of the applicable provisions of this chapter or any lawful
order, notice, directive, permit or certificate of the Building Department
made thereunder, shall be guilty of a misdemeanor and shall be punishable
by a fine of not more than $500 or 30 days in jail, or both. Each
day that a violation continues shall be deemed a separate offense.
Any construction work performed without a building permit is subject
to double the building permit fee.
[Amended 10-10-2017]
C.
The Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter or any provision thereof, notwithstanding the provisions hereof
for a penalty or other punishment for such violation.
D.
This section shall not apply to violations of the
provisions of the State Uniform Fire Prevention and Building Code
punishable under § 382 of the Executive Law of the State
of New York: nor to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Added 6-13-2023 by L.L. No. 5-2023]
A.
Required fencing.
All sites where a new building is being constructed, or a building
is being demolished to grade, shall be enclosed with a construction
fence to screen the construction site from public view and ensure
safety. Fences shall also be installed to fully or partially enclosed
sites, as necessary, where there exists an open excavation, an unenclosed
portion of a building accessible at grade, or other hazard to the
public. Such fences shall be at least eight feet high, built solid
or properly screened for their entire length, out of wood or other
suitable material, and shall be returned at the ends to the extent
necessary to effectively close off the site.
B.
Exceptions
to fencing height and type. The Building Inspector may approve the
use of a chain-link fence to secure portions a site under the following
circumstances:
(1)
The
fence or gate shall be made of new materials or, where salvaged, the
fence shall be in good condition;
(2)
The
fence posts shall be of galvanized steel pipe of a diameter that provides
rigidity. Posts shall be suitable for setting in concrete footings,
for driving into the ground, or for inserting in precast concrete
blocks. Such posts shall be spaced in a manner that maintains the
required rigidity to form a safe exterior fence;
(3)
The
fence or gate shall be constructed of woven, galvanized steel wire
mesh and shall be of sufficient strength and rigidity to prevent access
to the site; and
(4)
The
fence or gate shall be covered with an opaque sturdy cloth “windscreen”
colored fabric at all locations. Fabric shall be securely attached
to the fence or gate in accordance with manufacturer specifications.
The fabric and fence shall be maintained in a neat, rigid and taut
appearance.
C.
Fence location.
Where the fence is installed to fully enclose a site, the fence shall
be constructed along the inside edge of the sidewalk or walkway and
along the edges of the property line. Where a fence is installed to
partially enclose a site, the fence shall be installed as necessary
to prevent public access to any excavation or unenclosed portion of
the building accessible at grade. Fences shall be installed and located
so to not unreasonably obstruct, either visually or physically, sidewalks,
traffic, curb cuts, vehicular access points, street lighting poles,
traffic lights or signs, fire hydrants, fire department connections,
water sampling stations, bus shelters, or other street furniture,
trees, or means of ingress/egress.
D.
Installation
and removal of fences. Fences required by this section shall be installed
prior to the commencement of work. Such required fences shall not
be removed until the site has been filled and graded and all hazards
to the public removed or facade has been enclosed, with all doors
and windows installed, and all exterior work, except for incidental
work including but not limited to landscaping, painting, weatherproofing,
or installation of signs or fixtures, has been completed.
E.
Condition
of fences. All fences shall be installed, adjusted, repaired, and
maintained in a sound condition, free of protruding or loose nails,
wood, or metal, and with posts in an upright position restrained to
prevent the fence from leaning or overturning.
F.
Penalties.
Failure to comply with this section shall subject the offender to
a $250 per day fine.
