Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 9-12-2016 by L.L. No. 5-2016.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 93.
Condominiums — See Ch. 101.
Electrical standards — See Ch. 114.
Enforcement of Code — See Ch. 115.
Environmental quality review — See Ch. 117.
Flood damage prevention — See Ch. 133.
Soil erosion and sediment control — See Ch. 206.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also repealed former Ch. 85, Building Code Administration, adopted 9-25-2006 by L.L. No. 10-2006, as amended. Section II(B) of L.L. No. 5-2016 stated: "All permits, certificates, orders and authorizations issued prior to the effective date of this local law remain in full force and effect. All applications for building permits received after the effective date of this local law shall be processed in accordance with the provisions of this local law."

§ 85-1 Purpose and intent.

A. 
This chapter provides for the administration and enforcement of the Uniform Fire Prevention and Building Code (the Uniform Code) 19 NYCRR 1219.1 in the Town of Wappinger as required by New York Executive Law § 381.
B. 
This chapter provides for the administration and enforcement of the State Energy Conservation Construction Code (the Energy Code) 19 NYCRR Part 1240 in the Town of Wappinger as required by New York Executive Law § 381.
C. 
This chapter incorporates the minimum features of a program for administration and enforcement of the Uniform Code as required by 19 NYCRR Part 1203.
D. 
This chapter incorporates the order to remedy time periods specified in 19 NYCRR 1203.5 in order to comply with the provisions of New York Executive Law § 382(2).
E. 
This chapter also confers upon the Code Enforcement Officer all authority granted to a Town Building Inspector by Town Law § 138.
F. 
This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law.

§ 85-2 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL BUILDING
A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.
BUILDING PERMIT
A permit issued pursuant to § 85-5. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter as well as a demolition permit.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 85-8 of this chapter.
CHANGE OF OCCUPANT PERMIT
A permit issued pursuant to § 85-13.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 85-3A of this chapter.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Officer, the Fire Inspector, Deputy Fire Inspectors and all inspectors.
DEMOLITION PERMIT
A building permit issued for the demolition of all or a portion of a building.
DEPUTY FIRE INSPECTOR
A Deputy Fire Inspector appointed pursuant to § 85-3C of this chapter. The Deputy Fire Inspector shall have all of the powers granted to the Fire Inspector under this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time, 19 NYCRR Part 1240.
FIRE INSPECTOR
The Fire Inspector appointed pursuant to § 85-3C of this chapter.
INSPECTOR
An inspector appointed pursuant to § 85-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 85-11. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to § 85-17A of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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.
STOP-WORK ORDER
An order issued pursuant to § 85-7.
TOWN
The Town of Wappinger.
TOWN BOARD
The Town Board of the Town of Wappinger.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code pursuant to 19 NYCRR 1219.1, as currently in effect and as hereafter amended from time to time.
B. 
If a word is not defined in this section, it shall have the meaning defined in the Uniform Code or Energy Code.

§ 85-3 Code Enforcement Officer, Fire Inspector and inspectors.

A. 
The public office of Code Enforcement Officer for the Town of Wappinger is hereby continued. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this chapter and other provisions of the Town of Wappinger Code. Code Enforcement Officers shall be appointed by the Town Board. Code Enforcement Officers shall possess background experience related to building construction or fire prevention. The appointment shall be in accordance with the applicable NY Civil Service Law.
B. 
In the event that no Code Enforcement Officers are able to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter as permitted by NYS Executive Law and Title 19 of the New York Administrative Code.
C. 
The public office of Fire Inspector established by Local Law No. 3 of 1983 is hereby continued. The Fire Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this chapter and other provisions of the Town of Wappinger Code. The Fire Inspector shall be appointed by the Town Board and the Town Board shall have the power to appoint such Deputy Fire Inspector that it deems necessary. The Deputy Fire Inspector shall have all authority of the Fire Inspector but shall act under the direction of the Fire Inspector unless acting in his absence. The Fire Inspector shall possess background experience related to fire prevention. The appointments shall be in accordance with the applicable NY Civil Service Law.
D. 
One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. The appointment shall be in accordance with the applicable NY Civil Service Law.
E. 
The compensation for the code enforcement personnel shall be fixed from time to time by the Town Board of the Town as provided by law.
F. 
Qualifications, training and continuing education. Code enforcement personnel shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training required by the State of New York pursuant to Executive Law § 376-a and any regulations promulgated thereunder, including but not limited to 19 NYCRR Part 1208. Inspectors shall complete and maintain a level of training appropriate to their specific duties.
(1) 
Code Enforcement Officers appointed by the Town shall be certified and maintain their status as Certified Code Enforcement Officers pursuant to 19 NYCRR Part 1208.
(2) 
Code enforcement personnel whose duties include only the inspection of existing buildings (i.e., fire and property maintenance inspections only), shall be certified and maintain their status as Certified Building Safety Inspector pursuant to 19 NYCRR Part 1208.
G. 
The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy and operating permits, and to include in building permits, certificates of occupancy and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
(4) 
To issue stop-work orders pursuant to § 85-7;
(5) 
To review and investigate complaints;
(6) 
To issue compliance orders pursuant to § 85-17A;
(7) 
To maintain records required by law;
(8) 
To collect fees as set by the Town Board of the Town;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
To exercise all authority granted to a Town Building Inspector by Town Law § 138 and other provisions of New York State law;
(11) 
To exercise all duties and powers conferred on the title by all other chapters of the Town of Wappinger Code;
(12) 
To inspect Town buildings and property, wherever located, and make reports to the Town Board about their condition whenever directed by the Town Board;
(13) 
In consultation with the Attorney to the Town of Wappinger, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(14) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
H. 
Prohibited conduct. No Code Enforcement Officer shall engage in any activity inconsistent with his duties or with the interests of the Town of Wappinger, nor shall he or she, during the term of his or 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 in the preparation of plans or specifications thereof within the Town of Wappinger, except that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her.

§ 85-4 Applicability.

A. 
Except as otherwise provided in the Uniform Code, other state law, other state regulation, or the Town of Wappinger Code, all buildings, structures, and premises within the Town of Wappinger are subject to the provisions this chapter.
B. 
All buildings, structures and premises owned by the Town of Wappinger, wherever located, are subject to the provisions of this chapter.

§ 85-5 Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, no person shall construct, enlarge, alter, improve, remove, relocate or demolish any building, structure, or any portion of a building or structure, or install any solid-fuel-burning heating appliance, chimney or flue without first having obtained a building permit from the Code Enforcement Officer.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) without electric, heating or plumbing, which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely aboveground;
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) 
Installation of partitions or movable cases less than five feet nine inches in height;
(9) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11) 
Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(12) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or loadbearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exempt work to comply with Uniform Code. Notwithstanding the exemption from obtaining a building permit for work in any category set forth in Subsection B of this section, all construction work performed in the Town of Wappinger shall conform to the requirements of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
The tax map number and the street address of the premises where the work is to be performed;
(2) 
The zoning district of the premises;
(3) 
The full name and address of the owner and the applicant, if different, and if a corporate entity, the name and address of the responsible officers;
(4) 
A copy of the deed into the current owner of the property;
(5) 
A brief description of the proposed work;
(6) 
The estimated cost of the proposed work;
(7) 
A statement of the proposed use(s) of all parts of the property as well as a statement of the proposed uses or the proposed occupancy classification(s) for any affected building or structure;
(8) 
Evidence that all proposed water supply and wastewater systems shall conform to the regulations of the New York State and Dutchess County Departments of Health;
(9) 
Copies of any driveway or work permits required for any work performed within a public right-of-way issued by the appropriate jurisdiction as required by Chapter 111[1] of the Town of Wappinger Code or the regulations of New York State or the County of Dutchess as applicable;
[1]
Editor's Note: See Ch. 214, Streets and Sidewalks, Art. II, Driveways.
(10) 
Copies of any other necessary permits, licenses, approvals or other authorizations from any other agency having jurisdiction over the work to be performed;
(11) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;
(12) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines; and
(13) 
A certificate of workers compensation insurance (Form C-105.2 or U-26.3 as applicable) if required.
E. 
Building permits for new foundations. Where the proposed work involves the construction of a new foundation, a preliminary and an interim plot plan based on a recent survey certified by a licensed surveyor is required in addition to the application information required by Subsection D above.
(1) 
Preliminary plot plan. The preliminary plot plan shall depict the following:
(a) 
The boundaries of the property;
(b) 
The topography of the property with elevation contours at two-foot intervals;
(c) 
Lot line setback distances for any proposed structure, or addition;
(d) 
Proposed elevations for the foundation slab (lowest floor) and first floor;
(e) 
Proposed grading and/or site disturbance;
(f) 
Proposed methods of erosion and sediment control;
(g) 
Proposed elevations for the wastewater system components;
(h) 
Setback distance from any proposed structure or addition to any wetland, stream or water body within 100 feet thereof;
(i) 
Driveway location and setback from both property line(s) and any wetland, stream or water body within 100 feet thereof;
(j) 
Location of proposed septic and well, related separation distance, and setback thereof from property line(s) and any wetland, stream or water body within 100 feet thereof or such other distance as may be set forth by the Dutchess County Health Department in its design approval; and
(k) 
Any other information concerning either existing or proposed conditions identified as necessary for the particular project as determined by the Code Enforcement Officer.
(2) 
Interim plot plan. After the construction of the foundation, an interim plot plan must be submitted to confirm that the foundation has been constructed in compliance with the proposed plot plan. The Code Enforcement Officer must approve the interim plot plan before further construction can proceed. The interim plot plan shall depict the following:
(a) 
Foundation location and elevations;
(b) 
Driveway location and grades;
(c) 
Any deviations from the plot plan which was submitted as part of the application for building permit and approved by the Code Enforcement Officer in issuance of the building permit; and
(d) 
Any other information concerning constructed conditions identified as necessary by the Code Enforcement Officer.
F. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(12) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
G. 
Demolition permits. Applications for a demolition permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended demolition work complies with all applicable requirements of the Uniform Code and New York law. The application shall include or be accompanied by the following information and documentation:
(1) 
The tax map number and the street address of the premises where the work is to be performed.
(2) 
The full name and address of the owner and the applicant, if different, and if a corporate entity, the name and address of the responsible officers.
(3) 
A copy of the deed into the current owner of the property.
(4) 
A survey, showing the subject property prior to demolition. The building(s) to be demolished should be shaded.
(5) 
A brief description of the proposed demolition work.
(6) 
Copies of any other necessary permits, licenses, approvals or other authorizations from any other agency having jurisdiction over the work to be performed.
(a) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
(7) 
A certificate of workers compensation insurance (Form C-105.2 or U-26.3 as applicable) covering demolition work at the subject site.
(8) 
A predemolition asbestos survey of the structures by a licensed asbestos contractor, as required by New York State Department of Labor regulations, except for the following:
(a) 
One- and two-family dwellings where the owner is conducting the demolition work;
(b) 
Agricultural buildings;
(c) 
Buildings or structures for which original construction commenced on or after January 1, 1974; or
(d) 
A structure certified in writing to be structurally unsound by a licensed professional engineer, registered architect, building inspector, fire inspector or other official of competent jurisdiction.
(9) 
Original letter from the public utility indicating that all gas and electric services to the building or structure to be demolished have been disconnected or have not been installed.
(10) 
Confirmation from the water and sewer system operator for the Town that water and sewer services have been disconnected or have not been installed.
(11) 
Demolition work shall comply with the applicable provisions of the Uniform Code.
H. 
Waiver. The Code Enforcement Officer may waive the submission of any plan, document or plat that is not necessary to comply with the Uniform Code. The Code Enforcement Officer may not waive any filing fee.
I. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code and the Town of Wappinger Code.
J. 
Subjects not regulated by the Uniform Code. Where no applicable standards or requirements are set forth in the Uniform Code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the Town of Wappinger, compliance with applicable standards of the National Fire Protection Association or other nationally recognized firesafety standards shall be deemed as prima facie evidence of compliance with the intent of the Uniform Code. Nothing herein shall derogate from the authority of the Code Enforcement Officer to determine compliance with codes or standards for those activities or installations within the Code Enforcement Officer's jurisdiction or responsibility.
K. 
Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Uniform Code shall be determined by the Code Enforcement Officer.
L. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
M. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
N. 
Duration of permit. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
O. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all future work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
P. 
Reimbursement of professional review fees. If the Code Enforcement Officer determines that the services of an outside professional are required to review a building permit application, the Code Enforcement Officer is authorized to retain the services of such a professional consultant. The Code Enforcement Officer shall require the establishment of an escrow deposit in accordance with § 240-110A(3) of the Town Code to reimburse the Town for the professional review or inspection fees charged in connection with the review of the building permit application.
Q. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 85-6 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 85-7 Stop-work orders.

A. 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 85-17 (Violations and penalties) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 85-8 Certificates of occupancy.

A. 
Certificates of occupancy required. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued.
B. 
Certificates of occupancy required for work or change of use. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification of the Uniform Code to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.
C. 
As-built drawings. No certificate of occupancy shall be issued except upon submission of a certified "as built" drawing showing compliance with the approved interim plot plan and construction documents.
D. 
Issuance of certificates of occupancy. The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
E. 
Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and tax map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5) 
The zoning district in which the structure is located;
(6) 
The use and occupancy classification of the structure under the Uniform Code and the Zoning Code;[1]
[1]
Editor's Note: See Ch. 240, Zoning.
(7) 
A certification from the Zoning Administrator that the structure complies with the Zoning Code;
(8) 
The type of construction of the structure;
(9) 
The assembly occupant load of the structure, if any;
(10) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(11) 
Any special conditions imposed in connection with the issuance of the building permit; and
(12) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.
F. 
Approvals deemed conditions of C of O. The details of any subdivision plat, site plan, special permit, variance or other approval by the Town Board, Planning Board or Zoning Board of Appeals and any conditions attached to such approval shall be deemed to be conditions of the certificate of occupancy even if they are not noted.
G. 
Escrow account for incomplete nonstructural improvements. A certificate of occupancy for any structure or use may be issued only upon full compliance with the provisions of this chapter and any other provisions of the Town Code relating to property use.
(1) 
Notwithstanding the foregoing, in the case of a one- or two-family residential structure and/or accessory building, a certificate of occupancy may be issued if the incomplete work is landscaping, ground stabilization, lawn seeding or blacktop driveway apron and improvements are non-safety-related.
(2) 
For multifamily and nonresidential structures or site uses, a certificate of occupancy may be issued if the only incomplete work is landscaping and weather conditions do not permit the proper planting of vegetation. All other items to be completed, including, but not limited to, paving, curbing, sidewalks, lighting, grading, drainage or other improvements, shall not be subject to escrow provisions. For the purposes of this section, "landscaping" shall mean lawn seeding and installation of plantings.
(3) 
In those cases where a certificate of occupancy has been issued pursuant to Subsection G(1) and (2) above, the owner, or the owner's agent, shall establish an escrow account for the purposes of ensuring that the incomplete work will be completed in a timely fashion, and the issuance of the certificate of occupancy will be conditioned on all of the following:
(a) 
The property owner, contractor or developer seeking the certificate of occupancy must post a cash or certified check deposit with the Town of Wappinger to be held in escrow, in an amount equal to 200% of the cost required to complete the improvements necessary to obtain the certificate of occupancy. As used in this subsection, the cost required to complete the improvements shall be the amount as determined by the Superintendent of Highways and/or the Engineer to the Town.
(b) 
The escrow account may only be established between the dates of December 1 through April 1. All work required to obtain the certificate of occupancy must be completed by June 1.
(c) 
The property owner, contractor or developer seeking the certificate of occupancy must submit a written agreement between the property owner, contractor or developer and the Town providing for such incomplete work to be completed no later than June 1 following the issuance of the certificate of occupancy. If the incomplete work is not completed by June 1 or at such earlier date as may be specified by the Enforcement Officer, the Enforcement Officer may direct any independent third-party contractor to complete the work and authorize payment to the third-party contractor from the escrow funds deposited to guarantee that said work would be completed in a timely fashion. The owner of the property and/or the contract vendee must give written consent to permit any independent third-party contractor as well as the code enforcement personnel to enter upon the property for the purposes of completing the required work and undertaking the necessary inspections. The owner and the contract vendee must further execute a written document releasing the Town of Wappinger, or any of its code enforcement personnel or other agents, from any claims or liability in connection with the work to be performed by such independent third-party contractor.
(4) 
If a certificate of occupancy has been issued pursuant to this section and the required improvements are not completed within the time frames described above, the property owner shall be liable for civil penalties imposed pursuant to § 85-17.
H. 
Revocation or suspension of erroneous certificates. If the Code Enforcement Officer determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
I. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 must be paid at the time of submission of an application for a certificate of occupancy.

§ 85-9 Notification regarding fire or explosion.

The chief of any fire department providing firefighting services for a property within the Town of Wappinger shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent or open burning.

§ 85-10 Unsafe building and structures.

A. 
The Code Enforcement Officers or the Fire Inspector are hereby authorized to declare any building or structure unsafe due to neglect, fire, catastrophe, weather-related conditions, or acts of God and to further declare that such building or structure is unsafe and unfit for human occupancy or habitation.
B. 
In addition to the remedies and provisions set forth in this chapter, Code Enforcement Officers or the Fire Inspector are authorized by the Town Board to enforce the provisions of Chapter 93 of the Town Code entitled "Unsafe Buildings."
C. 
Upon a determination that a building is unsafe, the Code Enforcement Officer or the Fire Inspector shall post the building or structure, and such posting shall prohibit use, habitation or occupancy by the general public.
D. 
The Code Enforcement Officer or the Fire Inspector shall notify the Town Board and the property owner in accordance with the provisions of Chapter 93, Unsafe Buildings, and otherwise follow the procedures set forth in Chapter 93.
E. 
Whenever a building or structure is posted pursuant to Chapter 93 of the Town Code or under the provisions of the Uniform Code, no person shall enter, use or occupy said building or structure without written authorization from an Enforcement Officer.

§ 85-11 Operating permits.

A. 
Operation permits required. Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(2) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Buildings containing any assembly occupancies with an occupant load of 50 persons or more;
(5) 
Amusement buildings;
(6) 
Auto detailing shops;
(7) 
Aviation facilitates;
(8) 
Barber shops and beauty parlors;
(9) 
Buildings with automatic fire-extinguishing/suppression systems;
(10) 
Building with fire alarm and detection system;
(11) 
Buildings that store liquid- or gas-fueled equipment;
(12) 
Day-care centers not regulated by OFPC;
(13) 
Dry-cleaning operations;
(14) 
Gasoline stations;
(15) 
Elevators;
(16) 
High-hazard occupancies (ICC Building Code Group H);
(17) 
High-piled storage;
(18) 
Institutional occupancies (ICC Building Code Group I);
(19) 
Junkyards;
(20) 
LP-gas storage;
(21) 
Lumber yards;
(22) 
Multiple residential occupancies (ICC Building Code Uses R-1, R-2, R-4);
(23) 
Multitenant office buildings;
(24) 
Nail salons;
(25) 
Private fire hydrants;
(26) 
Private schools;
(27) 
Repair garages;
(28) 
Rooftop heliports;
(29) 
Standpipe systems;
(30) 
Storage of tires and tire by-products;
(31) 
Temporary membrane structures and tents; and
(32) 
Woodworking plants.
B. 
Operating permits required before operation. Any person who proposes to undertake any activity or to operate any type of building listed in this subsection shall be required to obtain an operating permit prior to commencing such activity or operation.
C. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Fire Inspector or Code Enforcement Officer. Such application shall include such information as the Fire Inspector or Code Enforcement Officer deems sufficient to permit a determination by the Fire Inspector or Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Fire Inspector or Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Fire Inspector or Code Enforcement Officer, at the expense of the applicant.
D. 
Inspections. The Fire Inspector, Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
E. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Fire Inspector or Code Enforcement Officer may require a separate operating permit for each such activity, or the Fire Inspector or Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
F. 
Duration of operating permits. Operating permits shall have a duration of one year, except operating permits for pyrotechnic displays in assembly occupancies shall be limited to 30 days.
G. 
Revocation or suspension of operating permits. If the Fire Inspector or Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended upon notice to the owner and/or occupant of the property.
H. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 85-12 Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Fire Inspector, Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain any assembly occupancies with an occupant load of 50 persons or more shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
(4) 
Agricultural buildings used directly and solely for agricultural purposes are not subject to firesafety inspection.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Inspector, Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Fire Inspector or Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 3) receipt by the Fire Inspector or Code Enforcement Officer of any other information, reasonably believed by the Fire Inspector or Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Fire Inspector or Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Fire Inspector or Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Fire Inspector or Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Fire Inspector or Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 must be paid prior to or at the time each inspection is performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

§ 85-13 Change of occupant in nonresidential building.

A. 
Whenever there is a change in occupant in a nonresidential structure, or portion thereof, a change of occupant permit is required. Such permit shall be obtained by the owner, the occupant or his/her agent prior to occupancy by the new occupant. The change in occupant application shall include:
(1) 
The tax map number and the street address of the premises where the work is to be performed;
(2) 
The full name and address of the owner and the applicant, if different, and if a corporate entity, the name and address of the responsible officers;
(3) 
A copy of the deed into the current owner of the property;
(4) 
The name of the new occupant;
(5) 
A brief description of the proposed occupancy and use;
(6) 
The hours of operation;
(7) 
A statement of whether or not the business is open to the public;
(8) 
A plan of the area to be occupied and the location of any outdoor storage;
(9) 
A description of any work to be done; and
(10) 
Copies of any necessary permits, licenses, approvals or other authorizations required to conduct the business.
B. 
Where there is no change in the type of use under the Uniform Code, and no work is being done for which a building permit is required, a change of occupant application shall be submitted prior to occupancy.
C. 
Where there is no change in the type of use under the Uniform Code, but renovation work is proposed which requires a building permit, a change of occupant permit shall be applied for in addition to the building permit.
D. 
Where there is a change in use that requires site plan approval, a change of occupancy permit shall be applied for at the time of site plan approval.
E. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 85-18 must be paid at the time of submission of an application for a change of occupant.

§ 85-14 Complaints.

The Code Enforcement Officer or Fire Inspector shall review and investigate bona fide complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, 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 Code Enforcement Officer or Fire Inspector may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
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 § 85-17 (Violations and penalties) of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
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.

§ 85-15 Recordkeeping.

A. 
The Code Enforcement Officer and Fire Inspector shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 85-4 through 85-12, inclusive, of this chapter, including; and
(9) 
All fees charged and collected.
B. 
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.

§ 85-16 Program review and reporting.

A. 
The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 85-15 and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of Town of Wappinger on a form prescribed by the Secretary of State, a report of the activities of Town of Wappinger relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Officer 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 Town of Wappinger is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of Town of Wappinger in connection with administration and enforcement of the Uniform Code.

§ 85-17 Violations and penalties.

A. 
Orders to remedy.
(1) 
The Code Enforcement Officer or Fire Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. An order to remedy shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Code Enforcement Officer;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:
[1] 
"The person or entity served with this order to remedy must completely remedy each violation described in this order to remedy by _____ [specify date], which is 30 days after the date of this order to remedy."
(2) 
The order to remedy may include provisions ordering the person or entity served with such order to remedy:
(a) 
To begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such order to remedy; and/or
(b) 
To take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied.
(3) 
The Code Enforcement Officer or Fire Inspector shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy.
(4) 
The Code Enforcement Officer or Fire Inspector shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Enforcement under Criminal Procedure Law. A violation of any provision of this chapter shall be deemed an offense under the Penal Law and prosecution of said offense shall be in accordance with the Criminal Procedure Law of the State of New York.
(1) 
Appearance tickets. The Code Enforcement Officer, the Fire Inspector, Deputy Fire Inspector and each inspector are authorized to issue appearance tickets pursuant to Criminal Procedure Law § 150.20 for any violation of this chapter or of Article 18 of the New York State Executive Law.
(2) 
Penalty. A violation of any provision of this chapter shall be deemed an offense punishable by:
(a) 
A fine as set forth in Chapter 122, Article V, § 122-20B, of the Code for a first offense;
(b) 
A fine as set forth in Chapter 122, Article V, § 122-20B, of the Code or a period of imprisonment not to exceed 15 days for a second offense, committed within five years of a conviction under this chapter;
(c) 
A fine as set forth in Chapter 122, Article V, § 122-20B, of the Code or a period of imprisonment of not less than 30 days and not exceeding six months for a third and any subsequent offense, committed within five years of prior convictions under this chapter.
(3) 
Each day's violation shall be deemed a separate offense.
C. 
Civil penalties. Every person violating any provision of this chapter shall be subject to a civil penalty:
(1) 
For the first offense: a civil penalty in a minimum amount of $100 and a maximum amount of $1,000;
(2) 
For the second and subsequent offenses committed within five years of a prior conviction under this chapter: a civil penalty in a minimum amount of $500 and a maximum amount of $5,000; and
(3) 
Each day's violation shall be deemed a separate offense.
(4) 
The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of Town of Wappinger in a court of competent jurisdiction.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of Town of Wappinger in a court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of Town of Wappinger in the Supreme Court or in any other court having the requisite jurisdiction to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
E. 
Remedies not exclusive.
(1) 
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 85-7 Stop-work orders, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 85-7, Stop-work orders, in any other section of this chapter, or in any other applicable law.
(2) 
Action under NY Executive Law § 382. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 85-18 Fees.

The fees payable under this chapter shall be governed by the schedule set forth in Charter 122, Article IV, § 122-16, of the Code of the Town of Wappinger as it may be amended from time to time.

§ 85-19 Appeals and variances.

Appeals to Regional Board of Review. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances may be made to the Regional Board of Review in accordance with Part 440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the Code Enforcement Officer misconstrued the Uniform Code in approving or disapproving any application or granting or refusing to grant any permit or certificate of code compliance, the person affected may appeal from the decision of the Code Enforcement Officer to the Regional Board of Review in accordance with Part 440 of 19 NYCRR. Appeals from provisions of the Multiple Residence Law, in accordance with § 325 of that law, may also be made to a Regional Board of Review.

§ 85-20 Intermunicipal agreement.

The Town Board may adopt a resolution to enter into an agreement with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 85-21 Fire Prevention Bureau.

A. 
The Bureau of Fire Prevention of the Town of Wappinger created by Local Law No. 1 of 1974 as amended by Local Law No. 4 of 1981, Local Law No. 3 of 1983 and Local Law No. 10 of 2006 is hereby continued.
B. 
The Bureau shall consist of eight members: two members from each of the fire districts in the Town of Wappinger plus a Code Enforcement Officer, or his designee, and the Town Fire Inspector, or his designee. The members from each of the fire districts shall be active firefighters who shall be designated by their respective District Board of Fire Commissioners and approved by the Town Board of the Town of Wappinger. The term of office of each fire district member shall be two years. Any vacancy shall be filled for the balance of the term.
C. 
Duties and powers of Bureau of Fire Prevention.
(1) 
The Planning Board, the Zoning Board and Code Enforcement Officers may refer land use applications in the Town of Wappinger referred to the Bureau of Fire Prevention to make recommendations as to:
(a) 
The minimum acceptable width of roads used as access or egress for fire apparatus to apartments, commercial or general business buildings or shopping area complexes;
(b) 
Hydrant locations in apartments, commercial or general business buildings or shopping area complexes;
(c) 
Access to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes; and
(d) 
Other aspects of the application related to firesafety.
(2) 
In consultation with the Town Board, require the inspection of all hydrants installed within the Town of Wappinger, privately or publicly owned.
(3) 
In consultation with the Town Board, create a schedule of periodic testing for all hydrants within the Town.
D. 
All hydrants in the Town of Wappinger shall be maintained in an operable condition and shall meet minimum ISO fire flow standards for residences, and they shall be clearly marked in all weather and kept accessible for Fire Department use by the owners.

§ 85-22 Liability.

A. 
The Town of Wappinger assumes no responsibility or liability for the failure of any Code Enforcement Officer to make any inspections otherwise required by this chapter.
B. 
The Town of Wappinger assumes no responsibility or liability of its agents, servants or employees, including any enforcement officer, for any damages that may occur as a result of an improper or negligent inspection or the issuance of any permit issued pursuant to the provisions of this chapter.

§ 85-23 Intermunicipal Agreement.

The Town Board may adopt a resolution to enter into an agreement with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 85-24 Severability.

If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.

§ 85-25 Interpretation of other conflicting code provisions.

The provisions of this chapter are intended to control with respect to issues governed by the New York State Uniform Code. Whenever the requirements of this chapter are inconsistent with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws pertaining to the implementation of the Uniform Code and the Energy Code by the Town of Wappinger, the provisions of this chapter shall govern.

§ 85-26 When effective.

This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.