This chapter provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform Code)
and the State Energy Conservation Construction Code (the Energy Code) in this
Town. This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, other state
law, or other sections of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
35-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
35-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall include an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
The Chief of any fire department providing fire-fighting services for
a property within this Town shall promptly notify the Code Enforcement Officer
of any fire or explosion involving any structural damage, fuel-burning appliance,
chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and
addressed in accordance with the procedures established by Local Law No. 1-1980,
as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, the Energy Code, this chapter, or any other
local law or regulation adopted for administration and enforcement of the
Uniform Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Code Enforcement Officer
may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
35-15 (Enforcement; penalties for offenses) of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or
corrected, performing an inspection to ensure that the violation has been
abated or corrected, preparing a final written report reflecting such abatement
or correction, and filing such report with the complaint.
A fee schedule shall be established by resolution of the Town Board.
Such fee schedule may thereafter be amended from time to time by like resolution.
The fees set forth in, or determined in accordance with, such fee schedule
or amended fee schedule shall be charged and collected for the submission
of applications; the issuance of building permits, amended building permits,
renewed building permits; certificates of occupancy, temporary certificates,
operating permits; firesafety and property maintenance inspections; and other
actions of the Code Enforcement Officer described in or contemplated by this
chapter.
The Town Board may, by resolution, authorize the Town Supervisor to
enter into an agreement, in the name of this Town, with other governments
to carry out the terms of this chapter, provided that such agreement does
not violate any provision of the Uniform Code, the Energy Code, Part 1203
of Title 19 of the NYCRR, or any other applicable law.