[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Building Department — See Ch. 17.
Dangerous buildings — See Ch. 127.
Outdoor burning — See Ch. 132.
Electrical standards — See Ch. 141.
Property maintenance — See Ch. 182.
Subdivision of land — See Ch. 207.
Zoning — See Ch. 250.
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.
A. 
The Building Inspector and/or the Fire Marshal shall administer and enforce all of the provisions of the Uniform Code 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. 
The Village Clerk shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof. Prior to the issuance of such permit, the Building Inspector and/or the Fire Marshal shall examine the premises for which such applications have been received for the purpose of ensuring compliance with the Uniform Code and other laws, ordinances and regulations governing building construction.
C. 
The Building Inspector and/or the Fire Marshal 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 Uniform Code and other applicable laws, ordinances and regulations. They or either of them shall make all inspections which are necessary or proper for the carrying out of their duties.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector and/or Fire Marshal may require the performance of tests in the field by experienced professional persons or by a credited and authoritative testing laboratory or service bureau or agency.
E. 
Inspections. In the furtherance of the duties of the Building Inspector and/or the Fire Marshal, as provided for in this chapter, said Building Inspector and/or Fire Marshal shall institute and perform the following inspections, in addition to those otherwise required in this chapter:
(1) 
Construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air-conditioning systems, fire-protection and detection systems and exit features.
(2) 
Inspections where a certificate of occupancy or a certificate of compliance is required, prior to its issuance.
(3) 
Fire safety inspections of areas of public assembly defined in Part 606 of Title 9 of the official compilation of the New York Codes, Rules and Regulations at least once a year.
(4) 
Fire safety inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, (See Title 19 of the New York Codes, Rules and Regulations, Administration and Enforcement of the Uniform Fire Prevention and Building Code, Part 444):
(a) 
Areas of public assembly, at least once every 12 months.
(b) 
Gas stations, at least once every six months.
(c) 
Petroleum bulk storage, at least once every six months.
(d) 
All buildings open to the public, at least once every 36 months.
(e) 
All common areas to multiple dwellings (not one or two-family dwellings), at least every 24 months.
(f) 
Any building, use or occupancy, at owner request, during an emergency or for a bona fide complaint.
A. 
The Building Inspector and the Fire Marshal shall keep permanent official records of all transactions and activities conducted by them, including all applications received, inspection reports and notices of orders issued.
B. 
The Building Inspector and the Fire Marshal shall, as directed, submit to the Village Board of Trustees, a written report and summary of all business conducted by them, including orders and notices promulgated, inspections and tests made and appeals or litigation pending.
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.
A. 
Before a certificate of occupancy is issued in the Village of Hamburg, the Building Inspector and/or Fire Marshal shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and the Building Inspector and/or Fire Marshal may conduct such inspections as deemed appropriate, from time to time, during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained by the Building Inspector and the Fire Marshal a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code and other applicable laws.
A. 
Issuance. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector and/or the Fire Marshal shall approve the issuance of a certificate of occupancy, which certificate shall be issued by the Village Clerk. If it is found that the proposed work has not been properly completed, the Building Inspector and/or the Fire Marshal shall refuse to approve the issuance of a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code and other applicable building regulations.
B. 
Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector and/or the Fire Marshal may require the same to be subjected to tests in order to furnish proof of such compliance.
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this chapter or to fail in any manner to comply with the notice, directive or order of the Building Inspector and/or Fire Marshal or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
For each offense against any of the provisions of the Uniform Code or of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of any Building Inspector and/or Fire Marshal within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector and/or Fire Marshal shall be subject to the terms and provisions of § 382 of the Executive Law.
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.
A. 
Prior to the installation of any solid-fuel-burning heating appliance, chimney or flue in any dwelling used as a residence, the owner thereof or his or her agent shall first secure a building permit from the Village Clerk.
B. 
The Building Inspector and/or Fire Marshal shall cause an inspection to be made of the solid-fuel-burning heating appliance, chimney or flue at a time when such inspection will best determine conformity of such installation with the Uniform Code; provided, however, that the Building Inspector and/or Fire Marshal may waive such inspection for good cause shown.
C. 
Upon approval of such installation, the Building Inspector and/or Fire Marshal shall issue a certificate evidencing compliance with the appropriate provisions of the Uniform Fire Prevention and Building Code.
D. 
No owner of any dwelling used as a residence shall operate or cause to be operated any solid-fuel-burning heating appliance until such installation, including chimney and flue, has been approved and a certificate indicating such approval obtained from the Building Inspector and/or Fire Marshal.
E. 
The issuance of such certificate of compliance shall not be deemed to give rise to any claim or cause of action for damages against the Village of Hamburg or the Building Inspector and/or Fire Marshal for damages resulting from the operation or use of such solid-fuel-burning heating appliance, chimney or flue.
F. 
The fees for such inspection shall be paid by the owner of such property or his or her agent in a sum which shall be determined from time to time by the Board of Trustees.
G. 
Any violation of this § 123-15 shall be punishable by a fine not to exceed $250.
H. 
Notwithstanding the foregoing provisions of this § 123-15, in the event of an emergency, where a delay occasioned by the requirement of securing a building permit could reasonably be expected to cause irreparable damage to the property or serious personal injury to the occupants or other person, the owner or his or her agent may commence such installation without first obtaining such building permit, provided that application therefor is filed within three business days after such work is commenced.