[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 12-19-2006
by L.L. No. 1-2006. Amendments noted where applicable.]
A.
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 Norwood. This chapter is enacted pursuant to § 10
of Article 2 of the Municipal Home Rule Law. Except as otherwise provided
within this chapter, within New York State law, or within the Uniform Code,
all premises, regardless of use, are subject to the provisions which follow.
B.
The Village Board may, by resolution, authorize the Mayor to
enter into a contract with other governments to carry out the terms of this
chapter.
The Village Board may, by resolution, authorize the Mayor to enter into
a contract with other governments to carry out the terms of this chapter.
A.
The office of Code Enforcement Official is hereby created and
shall be filled by an appointment of the Village Board. The Code Enforcement
Official shall possess background and experience related to building construction
or fire prevention and shall, within the time constraints prescribed by law,
obtain such training as the State of New York shall require for code enforcement
personnel.
B.
In the absence of the Code Enforcement Official, or in the case
of his or her 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 on behalf
of the Code Enforcement Official and to exercise all the powers conferred
upon him or her by this chapter.
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 Code Enforcement Official and to exercise any portion
of the powers and duties of the Code Enforcement Official as directed by him
or her.
D.
The compensation for the Code Enforcement Official, acting Code
Enforcement Official and inspectors shall be fixed and adjusted as needed
by the Village Board.
E.
The Code Enforcement Official 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, 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 Code Enforcement Official 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 Norwood or of the State of New
York.
A.
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or structure
or any portion thereof, or install a solid-fuel-burning heating appliance,
chimney or flue in any dwelling unit, without first having obtained a permit
from the Code Enforcement Official.
B.
No permit shall be required for necessary repairs which do not
materially affect structural features.
A.
The application for a building permit, and its accompanying documents,
shall contain sufficient information to permit a determination that the intended
work accords with the requirements of the Uniform Code.
B.
The form of the permit and application therefor shall be prescribed
by the Code Enforcement Official. The application shall be signed by the owner
(or his or her authorized agent) of the building and shall contain at least
the following:
(1)
Full name and address of the owner and, if by a corporation,
the name and addresses of the responsible officials;
(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)
Three sets of plans and specifications for the proposed work.
C.
The Code Enforcement Official may waive the requirement of plans
and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
D.
The applicant shall notify the Code Enforcement Official 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 has been 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. Amendments,
if any, to the application or to the plans and specifications accompanying
the same shall be filed with the Code Enforcement Official, and approval shall
be received from the Code Enforcement Official prior to the commencement of
such change of work.
A.
Payment upon issuance of a permit is required.
B.
A building permit issued pursuant to this chapter shall be prominently
displayed on the property or premises to which it pertains.
C.
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.
D.
A building permit issued pursuant to this chapter shall expire
one year 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 one-year
periods, provided that:
A fee schedule shall be established, and changed as needed, by resolution
of the Village Board. Such fees may be charged for the issuance of permits,
certificates of occupancy, temporary certificates of occupancy, and for firesafety
inspections.
A.
No building erected subject to the New York State Uniform Fire
Prevention and Building Code shall be used or occupied, except to the extent
authorized hereunder, until a certificate of occupancy has been issued. No
building similarly enlarged, extended, or altered, or upon which work has
been performed which requires the issuance of a building permit shall be occupied
or used 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 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 Code Enforcement Official and upon payment of
an additional fee as specified for a temporary certificate of occupancy, be
renewed. The Code Enforcement Official may place special conditions on temporary
certificates of occupancy as necessary to ensure safety and to protect the
interest of the Village.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder 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 his or her agent to
inform the inspector that the work is ready for inspection and to schedule
such inspection.
(2)
Work which requires special inspections during construction shall
be the responsibility of the owner, applicant, or his or her agent to provide
a list, at his or her expense. A statement of the special inspections, including
a complete list of materials and work requiring such inspections, and a list
of the individuals and approved agencies shall be provided to the Code Enforcement
Official or his or her designee for the permit application file. The reports
of such special inspections shall be provided to the Code Enforcement Official
or his or her designee for the permanent record.
(3)
If entrance to make an inspection is refused or cannot be obtained,
the Village Board, after being notified by the inspector of the situation,
may apply to any court of competent jurisdiction for an order to make an inspection.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose of determining
compliance with fire prevention and property 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, defined as "all buildings or portions of buildings used
for gathering together 50 or more persons for amusement, athletic, civic,
dining, educational, entertainment, patriotic, political, recreational, religious,
social, or similar purposes, the entire fire area of which they are a part,
and the means of egress therefrom" shall be performed at least once in every
12 months.
(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:
A.
Upon determination that a violation of the Uniform Code or this
chapter exists in, on, or about any building or premises, the Code Enforcement
Official shall order in writing the remedying of the condition. Such order
shall state the specific provision of the Uniform Code or this chapter 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 notification
by certified mail.
B.
In addition to those penalties prescribed by state law, 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 Code Enforcement Official, shall be
liable to a civil penalty of not more than $250 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
Village Board on its own initiative or at the request of the Code Enforcement
Official.
C.
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Village 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 Village Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official.
Whenever the Code Enforcement Official has reason to believe that the
work on any building or structure is being performed in violation of the provisions
of the applicable building laws, ordinances, rules or regulations of the Village,
or not in conformity with the provisions of an application, or in an unsafe
and dangerous manner, he or she shall notify the owner of the property, or
the owner's agent, to suspend all
work and suspend all building activities until the stop-work 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 her, 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 him or her by certified mail at
the address set forth in the application for the building permit for the construction
of such building.
A.
The Code Enforcement Official shall keep permanent official records
of all transactions and activities conducted by him or her, including all
applications received, plans approved, permits and certificates issued, fees
charged and collected, inspection reports, all rules and regulations promulgated
by him or her with the consent of the Village Board, and notices and orders
issued. All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to buildings
or structures, or appurtenances thereto, shall be retained for at least the
minimum time period so required by state law and regulation.
B.
The Code Enforcement Official shall annually submit to the Village
Board a written report and summary of all business conducted by his or her
office, including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made, and appeals or
litigation pending or concluded.
