[HISTORY: Adopted by the Town Board of the
Town of Goshen 3-22-2001 by L.L. No. 1-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 43.
Appearance tickets — See Ch. 44.
Condominium and cooperative conversions — See Ch. 49A.
Electrical inspections — See Ch. 50.
Dangerous buildings — See Ch. 51.
Flood damage prevention — See Ch. 61A.
Mobile homes — See Ch. 69.
Property maintenance — See Ch. 75.
Driveways — See Ch. 82.
Subdivision of land — See Ch. 83.
Fees — See Ch. 85.
Zoning — See Ch. 97.
[1]
Editor's Note: This local law supersedes former
Ch. 49, Building Construction, adopted 8-17-1955, which adopted the
State Building Construction Code, repealed by L. 1981, c. 707, § 12,
effective 1-1-1984. See now Executive Law Art. 18, New York State
Uniform Fire Prevention and Building Code Act.
The Town Board of the Town of Goshen hereby
enacts the following administrative local law pursuant to the provisions
of § 381 of the Executive Law of the State of New York and
of all other applicable laws.
There is hereby established in the Town of Goshen
the office of Building Inspector. A Building Inspector shall be appointed
by the Town Board of the Town (the Board) at a compensation to be
fixed by it from time to time.
[Added 1-15-2004 by L.L. No. 1-2004]
The Building Inspector of the Town of Goshen
shall reside within Orange County, New York, or an adjoining County
within the State of New York.
In the absence of the Building Inspector, or
in the case of his/her inability to act for any reason, the Supervisor
shall have the power, with the consent of the Board, to designate
a person to act on behalf of the Building Inspector and to exercise
all the powers conferred upon him/her by this chapter.
Pursuant to the provisions of Part 440[1] of the rules and regulations for administration and enforcement
of the Uniform Fire Prevention and Building Code (Uniform Code), the
regional board of review created under § 440.1 shall have
the power to vary or modify, in whole or in part, any provision of
the Uniform Code in cases where permitted under § 440.4
and pursuant to the procedure established under § 440.5
upon the payment of the fees required by § 440.7.
[1]
Editor's Note: See now 19 NYCRR Part 450,
which governs Building Code variances.
No Building Inspector or Acting Building Inspector
shall engage in any activity inconsistent with his/her duties or with
the interests of the Town; nor shall be/she, during the term of his/her
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, excepting that this provision
shall not prohibit any employee from such activities in connection
with the construction of a building or structure owned by him/her
or any member of his/her immediate family, and not constructed for
sale.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
and the installation and use of materials and equipment therein, and
the location, use, occupancy and maintenance thereof.
B.
He/She shall have the power to recommend to the Board
the adoption of rules to secure the intent and purposes of this chapter
and a proper enforcement of the laws, ordinances and regulations governing
building construction.
C.
He/She shall 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 applications have been received or permits have been issued
for the purpose of ensuring compliance with laws, ordinances and regulations
governing building construction.
D.
He/She shall 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 the laws, ordinances and
regulations. He/She shall make all inspections necessary or proper
for the carrying out of his/her duties, except that he/she may accept
written reports of inspection from building inspectors or other employees
of the Town Department of Buildings or from generally recognized and
authoritative service and inspection bureaus, provided that they are
certified by a responsible official thereof.
E.
He/She may require the performance of tests in the
field by experienced, professional persons or by accredited and authoritative
testing laboratories or service bureaus by agencies whenever necessary
or appropriate to assure compliance with the provisions of applicable
laws, ordinances and regulations covering building construction.
F.
The compensation for the Building Inspector shall
be fixed and adjusted as needed by the Town Board.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him/her, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. These
shall be public records open to public inspection during business
hours.
B.
Each year, the Building Inspector shall submit to
the Board a written report and summary of all business conducted by
him/her, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
of litigation pending.
The Building Inspector may request and shall
receive, so far as is necessary in the discharge of his/her duties,
the assistance and cooperation of all municipal officials exercising
jurisdiction over the construction, use or occupancy of buildings
or the installation of equipment therein, including but not limited
to fire officials and health officials.
Where practical difficulties or unnecessary
hardship may result from enforcement of the strict letter of any provision
of the Uniform Code, applications for variances consistent with the
spirit of the code may be made to the regional Board of Review in
accordance with Part 450 of the New York Codes, Rules and Regulations
entitled "Uniform Code: Board of Review" as promulgated by the New
York State Department of State. The Building Inspector shall maintain
a copy of such rules and regulations for public inspection and shall
obtain and retain a copy of all decisions rendered by the Board of
Review pertaining to matters affecting the Town.
A.
No person, firm or corporation shall commence the
excavation, erection, construction, enlargement, alteration or improvement
of any building or structure, install solid-fuel heating equipment
or cause the same to be done or commence the demolition of any building
or structure, or any portion thereof, without first obtaining a separate
building permit from the Building Inspector for each such building
or structure; except that no building permit shall be required for:
(1)
Performance of necessary repairs which do not involve
material alteration of structural features and/or plumbing, electrical
or heating/ventilation systems, including, for example, the replacement
of siding and roofing materials, the erection of fences; or
(2)
Alterations to existing buildings, provided that they:
(a)
Cost less than $10,000;
(b)
Do not materially affect structural features;
(c)
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
(d)
Do not involve the installation or extension
of electrical systems; and
(e)
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys or flues; or
(3)
Residential storage sheds and other small noncommercial
structures less than 140 square feet which are not intended for use
by one or more persons as quarters for living, sleeping, eating or
cooking; for example, a small storage building; and
(4)
Nonresidential farm buildings, including barns, sheds,
poultry houses and other buildings used directly and solely for agricultural
purposes.
B.
The Building Inspector shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations. A building permit will be issued when the application has been determined to be complete, when the proposed work is determined to conform to the provisions of the Uniform Code, and when the Building Inspector has determined that the proposed work is in compliance with Chapter 97, Zoning, of the Code of the Town. The permit shall be prominently displayed on the property or premises to which it pertains during construction so as to be readily seen from adjacent thoroughfares, if possible.
C.
The form of the permit and application therefor shall
be prescribed by resolution of the Town Board. The application shall
be signed by the owner, or his/her authorized agent, of the building
or work and shall contain at least the following:
(1)
Name and address of the owner.
(2)
Identification and/or description of the land on which
the work is to be done.
(3)
Description of use or occupancy of the land and existing
or proposed building.
(4)
Description of the proposed work.
(5)
Estimated cost of the proposed work.
(6)
Statement that the work shall be performed in compliance
with the Uniform Code and applicable state and local laws, ordinances
and regulations.
(7)
Required fee.
D.
Such application shall be accompanied by such documents,
drawings, plans (including plot plan) and specifications as the applicant
shall deem adequate and appropriate for compliance with the chapter,
or as the Building Inspector may require as being necessary or appropriate
in his/her judgment. The applicant may confer with the Building Inspector
in advance of submitting the application to discuss the Building Inspector's
requirements for same.
E.
Any plans (including plot plan) or specifications
that constitute a portion of the application, whether submitted subsequently
or upon requirement by the Building Inspector, shall be stamped with
the seal of an architect or professional engineer or land surveyor
licensed in the State of New York and shall in all respects comply
with §§ 7209 and 7307 of the Education Law of the State
of New York as same may be amended from time to time.
F.
The applicant shall notify the Building Inspector
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work is determined to conform to the requirements of the
Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein.
G.
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
H.
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
I.
A building permit issued pursuant to this chapter
shall expire 18 months from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive six-month periods, provided that:
A.
No building erected subject to the Uniform Code and
this chapter shall be used or occupied, except to the extent provided
in this section, until a certificate of occupancy has been issued.
No building similarly enlarged, extended or altered, or upon which
work has been performed which required the issuance of a building
permit, shall be occupied or used for more than 30 days after the
completion of the alteration or work unless a certificate of occupancy
has been issued. No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
the change has been issued. The owner or his/her agent shall make
application for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if so specified. A temporary certificate of occupancy may, at the
discretion of the Building Inspector and upon payment of an additional
fee as specified for a temporary certificate of occupancy, be renewed.
The Building Inspector may place special conditions on temporary certificates
of occupancy as necessary to ensure safety and to protect the interest
of the Town.
C.
No certificate of occupancy shall be issued except
upon an inspection which reveals no uncorrected deficiency or material
violation of the Uniform Code in the area intended for use and upon
payment of the appropriate fee.
A.
Work for which a building permit has been issued under
this chapter shall be inspected for approval prior to enclosing or
covering any portion thereof and upon completion of each stage of
construction, including, but not limited to, building location, site
preparation, excavation, foundation, framing, superstructure, electrical,
plumbing and heating and air conditioning. It shall be the responsibility
of the owner, applicant or agent to inform the Building Inspector
that the work is ready for inspection and to schedule such inspection.
If entrance to make an inspection is refused or cannot be obtained,
the Town Board, after being notified by the inspector of the situation,
may apply for an order to make an inspection to any court of competent
jurisdiction.
B.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code as follows in accordance with the following schedule:
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and housing maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc., and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Firesafety inspections of buildings or structures
having areas of public assembly as defined in Part 606 of Title 9
of the Official Compilation of Codes, Rules and Regulations[1] shall be performed at least once in every 12 months.
[1]
Editor's Note: Said Part no longer exists;
see now 19 NYCRR Part 1221.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
(5)
Such inspections shall be performed by the Building
Inspector.
A.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is proceeding without
a permit, or is otherwise in violation of the provisions of any applicable
law, code, ordinance 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
and dangerous manner, he/she 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 shall state the reasons of
the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Building Inspector and shall
be prominently posted at the work site. A stop-work order shall be
served upon a person to whom it is directed either by delivering it
personally or by posting the same upon a conspicuous portion of the
building where the work is being performed and sending a copy of the
same to the person, firm or corporations by certified mail.
A.
Upon determination by the Building Inspector that
a violation of the Uniform Code or this chapter exists in, on or about
any building or premises, the Building Inspector shall order in writing
the remedy 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
before proceedings to compel compliance shall be instituted. Such
order shall be served personally or by registered mail.
B.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of the
Uniform Code, or any amendment hereafter made thereto, as well as
any regulation or rule promulgated by the Town Board, or to fail to
comply with a notice, order or directive of the Building Inspector,
or to construct, alter, repair, move or equip any building or structure
or part thereof in a manner not permitted by an approved building
permit.
C.
Any person, firm or corporation who or which violates
any provision of the Uniform Code or any rule or regulation of this
chapter, or the terms or conditions of any certificate of occupancy
issued by the Building and Firesafety Inspector, shall be liable to
a fine of not more than $1,000 for each day that the violation continues
and to a civil penalty of not more than $1,000 for each day or part
thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of the Town Board on its own initiative or at the request
of the Building Inspector.
D.
Alternatively, or in addition to an action to recover the civil penalties provided by Subsection C, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Building Inspector, or to vacate the occupancy or building in case of imminent peril of life or property, notwithstanding that a penalty or other punishment for such violation has otherwise been provided.
[Amended 1-22-2018 by L.L. No. 1-2018]
The Building Inspector may request and shall
receive, so far as necessary in the discharge of his/her duties, the
assistance and cooperation of all municipal officials exercising jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein, including but not limited to fire officials
and health officials.
A.
A fee schedule shall be established, and changed as
needed, by resolution of the Town Board. Such fees may be charged
for the issuance of permits, certificates of occupancy, temporary
certificates of occupancy and for firesafety inspections.
B.
The Building Inspector shall keep a record of all
fees collected and received under this chapter with the name of the
persons upon whose account the fee was paid out and the date and amount
thereof, together with the location of the building or premises to
which they relate. The amounts so collected shall be remitted monthly
to the Supervisor of the Town.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained in the same manner as provided in the rules for building referred to in § 49-10B. If the Building Inspector, after inspection, determines that the installation is in compliance with the Uniform Code, he/she shall issue a certificate of compliance. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning, operating,
or controlling any building or structure within the Town for loss
of life or damage to person or property caused by any defect therein,
nor shall the Town be deemed to have assumed any such liability by
reason of any inspection made pursuant to this chapter.
