This chapter of the Code of the Town of Colonie provides for
the administration and enforcement of the New York State Uniform Fire
Prevention and Building Code (Uniform Code) and the State Energy Conservation
Construction Code (Energy Code)[1] 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 section of this chapter, all
buildings, structures, and premises, regardless of use or occupancy,
are subject to the provisions of this chapter.
[1]
Editor's Note: See 19 NYCRR 1203.
In this chapter:
The Manager appointed pursuant to § 62-3 of this chapter, his Inspectors, Code Enforcement Officers, or any other employees that are appointed as his designees for the purpose of complying with and/or enforcing the provisions of this chapter.
A permit issued pursuant to § 62-14 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.
A certificate issued pursuant to § 62-23 of this chapter.
An employee of the Building Department charged with enforcement
of the Uniform Code and the Town of Colonie Zoning Law.[1]
The person appointed pursuant to § 34-3 of the Town Code of the Town of Colonie.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 62-5 of this chapter.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 62-21 of this chapter.
A certificate issued pursuant to § 62-23G of this chapter.
The Town of Colonie.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
There
is hereby established in the Town of Colonie, Albany County, New York,
a department to be known as the Building Department under the supervision
of the Commissioner of Public Works. The Building Department shall
include a division to be designated as the "Fire Services Division"
created pursuant to Local Law No. 1 for 2011. The Building Department
is established for the administration and enforcement of the provision
of all laws, ordinances, rules, regulations and orders applicable
to the location, design, materials, construction, alteration, repair,
equipment, maintenance, use, occupancy, removal and demolition of
buildings and structures and their appurtenances located in the Town
of Colonie. The Building Department through the Division of Fire Services
shall also be responsible for the administration and enforcement of
the New York State Uniform Fire Prevention and Building Code.
B.
The
daily operations of the Building Department shall be run by a Town
official designated as the "Building Department Manager." The Building
Department Manager shall report to and be supervised by the Commissioner
of Public Works.
The Building Department Manager shall be appointed by the Town
Board. The Building Department Manager shall possess the qualifications
required by the Town of Colonie Civil Service Personnel Officer for
such position. The Manager shall, within the time prescribed by law,
obtain such basic training, in-service training, advanced in-service
training and other training as the State of New York shall require
for code enforcement personnel, and the Building Department Manager
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
A.
The Town Board may appoint one or more Senior Building Inspectors,
Building Inspectors, Code Enforcement Officers, Building Inspector
Trainees, Building Inspector Aides, Senior Fire Inspectors and Fire
Investigators as the need may appear, to exercise pursuant to the
provisions of this chapter, any or all of the duties of the Building
Department Manager. The compensation of such Inspectors/Investigators
shall be fixed by the Town Board.
B.
An Inspector shall possess the qualifications required by the Town
of Colonie Civil Service Personnel Officer for such position. Further,
each Inspector shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training
and other training as the State of New York shall require for code
enforcement personnel, and each Inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
The Building Department Manager may appoint such other employees
as may be authorized, from time to time, by the Town Board to carry
out the code enforcement functions of the Building Department and
the Fire Services Division, including but not limited to Code Enforcement
Officers, Building Inspector trainees and Building Inspector aides,
Fire Inspectors and Fire Investigators. Each employee shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement or fire safety personnel,
including certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
In the event that the Building Department Manager is unable
to serve as such for any reason, an individual shall be appointed
by the Supervisor, with the consent of the Town Board, to serve as
Acting Building Department Manager. The Acting Building Department
Manager shall, during the term of appointment, exercise all powers
and fulfill all duties conferred upon the Building Department Manager
by this chapter.
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 the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a
building or in the preparation of plans or specifications thereof
within the Town of Colonie, except 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.
No official or employee of the Building Department or Fire Services Division shall, while acting pursuant to the provisions of this chapter or Chapter 20, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.
The Supervisor, with the consent of the Town Board, in lieu
of the establishment of a Building Department operating solely for
and on behalf of the Town of Colonie, may, for the purpose of administering
and enforcing all laws, ordinances and regulations covering the construction,
alteration, repair or demolition of buildings and structures:
A.
Contract with another municipality under such terms and conditions
as may be provided in such contract for such administration and endorsement
of this chapter, provided such agreement does not violate any provisions
of the Uniform Code or the Energy Code, to be handled by the Building
Department or other appropriate official of such other municipality;
or
B.
Establish a Building Department jointly with one or more other cities,
villages or towns for the administration and enforcement of such laws,
ordinances or regulations, and such Building Department shall operate
to administer and enforce such building laws, regulations and ordinances
in the several cities, towns or villages covered by such joint agreement.
Provision shall be made, by agreement, for the appropriation, custody,
audit, approval and payment of funds sufficient to defray the expense
of operation of such joint Building Department, including salaries,
and for the proportionate cost of the expense of operation to be borne
by each municipality. The manner of employment of personnel and custody
and payment of money shall be provided by agreement.
The Building Department Manager or his designee, shall have
the following powers and duties:
A.
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and the plans, specifications and construction documents
submitted with such applications;
B.
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
to include in building permits, certificates of occupancy/certificates
of compliance, temporary certificates such terms and conditions as
the Building Department Manager may determine to be appropriate;
C.
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
D.
To issue stop-work orders;
E.
To review and investigate complaints;
G.
To maintain records;
H.
To collect fees as set by the Town Board of this Town;
I.
To pursue administrative enforcement actions and proceedings;
J.
In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter and Chapter 20, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter;
K.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, to require the performance of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies;
L.
To exercise all other powers and fulfill all other duties conferred
upon the Building Department Manager by this chapter; and
M.
The Building Department Manager 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 or 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 Building Department Manager may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
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 § 62-26, Violations, of this chapter;
(3)
If appropriate, issuing a stop-work order; or
(4)
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.
Records to be kept.
(1)
The Building Department Manager, or his designee, shall keep permanent
official records of all transactions and activities of the Building
Department, including:
(a)
All applications received, reviewed and approved or denied;
(b)
All plans, specifications and construction documents approved;
(c)
All building permits, certificates of occupancy, certificates
of compliance, temporary certificates, and stop-work orders issued;
(d)
All inspections and tests performed;
(e)
All statements and reports issued;
(f)
All complaints received;
(g)
All investigations conducted;
(h)
All other features and activities specified in or contemplated
by this chapter; and
(i)
All fees charged and collected.
(2)
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 Building Department Manager shall annually submit to the Town
Board of this Town a written report and summary of all business conducted
by the Building Department, including a report and summary of all
transactions and activities described in the recordkeeping section
of this chapter and a report and summary of all appeals or litigation
pending or concluded.
C.
The Building Department Manager shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
D.
The Building Department Manager shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Town in connection
with administration and enforcement of the Uniform Code.
The Building Department Manager may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police and Health Departments and of the several
Fire Departments located within the Town of Colonie and of all other
municipal officials exercising any jurisdiction over the construction,
use or occupancy of buildings or the installation of equipment therein.
