Pursuant to Article
18 of the Executive Law, the New York State Uniform Fire Prevention and Building Code will be the controlling provisions in regard to building construction in the Village of Hamburg. A copy of the Uniform Fire Prevention and Building Code is on file and available for review in the office of the Superintendent of Public Works.
This chapter shall be known as the "Uniform Fire Prevention and Building
Code Administration and Enforcement Law."
It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Fire Prevention and Building Code established by Article
18 of the Executive Law as added by Chapter 707 of the Laws of 1981 of the State of New York, as the same may be applicable to the Village of Hamburg, New York.
Where the provisions of this chapter conflict with or impose a different
requirement from any other provisions of the Village of Hamburg Code or any
rule or regulation adopted thereunder, the provision which establishes the
higher standard or requirement shall govern.
It shall be the duty of the Building Inspector and/or Fire Marshal to
administer and enforce the Uniform Code and the provisions of this chapter.
The Building Inspector and/or the Fire Marshal shall examine, or cause to be examined, all applications for building permits and the plans, specifications and documents filed therewith. They or either of them shall approve or disapprove the application within a reasonable time and in all events within 20 business days. The permit shall include a right of entry in accordance with §
123-10.
The Building Inspector and/or Fire Marshal may revoke a building permit
theretofore issued and approved in the following instances.
A. Where the Building Inspector and/or Fire Marshal 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 the Building Inspector and/or Fire Marshal finds
that the building permit was issued in error and should not have been issued,
in accordance with the applicable law.
C. Where the Building Inspector and/or Fire Marshal finds
that the work performed under the permit is not being prosecuted in accordance
with the provisions of the application, 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
and/or the Fire Marshal and/or the Village Clerk or other responsible official
of the Village of Hamburg.
Any Building Inspector and/or Fire Marshal, upon the showing of proper
credentials and in the discharge of his or her duties, may enter upon any
building structure at any reasonable hour, and no person shall interfere with
or prevent such entry.
Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises and those
remedies shall be in addition to the penalties prescribed in § 382
of the Executive Law.