Town of Stillwater, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stillwater 1-4-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 69.
Flood damage prevention — See Ch. 103.
Mobile homes — See Ch. 134.
Abandoned vehicles — See Ch. 190.
Zoning — See Ch. 210.

§ 81-1 Authority.

This chapter is enacted pursuant to the Municipal Home Law §§ 10 and 20; Town Law § 64; Executive Law §§ 379 and 381, and any regulations promulgated thereunder.

§ 81-2 Purpose.

The purpose of this chapter is to establish the Town of Stillwater Department of Building, Planning and Development, and to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code within the Town of Stillwater by said Department.

§ 81-3 Enactments.

A. 
Local Law Number 2 of 1987, as may have been amended from time to time, is hereby repealed.
B. 
Local Law Number 3 of 2004 is hereby repealed.
C. 
That portion of Town Law § 271, granting to the Planning Board the power to employ a secretary, is hereby superseded.
D. 
Pursuant to Executive Law §§ 379 and 381, the Town of Stillwater hereby adopts the provisions of, and provides for the local administration and enforcement of, the New York State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code and all parts thereunder. Except as otherwise provided in the said codes, other state law, or other section of this chapter, all buildings, structures, and premises in the Town of Stillwater, regardless of use or occupancy, are subject to the provisions of this chapter.
E. 
Pursuant to the Municipal Home Law §§ 10 and 20, and Town Law § 64, the Town of Stillwater hereby creates a Department of Building, Planning and Development to administer and enforce the Uniform Code, Chapter 210, Zoning, of the Code of the Town of Stillwater, and related state or local statutes.

§ 81-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
Shall be supervised by the Director and serve as the Code Enforcement Officer of the Building Code and Uniform Code and be appointed pursuant to § 81-5E(3) of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 81-6 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.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 81-5A(2) of this chapter.
CODE ENFORCEMENT PERSONNEL
Includes the designated Code Enforcement Officer of the Town of Stillwater and all designated Assistant Code Enforcement Officers within the Department of Building, Planning and Development.
COMPLIANCE ORDER
An order issued by the Director pursuant to § 81-17A of this chapter.
DEPARTMENT
The Department of Building, Planning and Development of the Town of Stillwater, as authorized by this chapter.
DIRECTOR
The head official of the Department of Building, Planning and Development responsible for the administration of the Department, the Uniform Codes and this chapter as described herein.
FIRE CODE
Regulations promulgated pursuant to the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Title 19, Part 1225.
NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE
Sections 11-101 through 11-110 of Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
Sections 370 through 383 of Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to § 81-12 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision 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.
PLANNING BOARD
The Planning Board of the Town of Stillwater.
STILLWATER LAWS
The local laws and ordinances of the Town of Stillwater, including but not limited to Chapter 210, Zoning, of the Code of the Town of Stillwater.
STOP-WORK ORDER
An order issued pursuant to § 81-8 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 81-9D of this chapter.
TOWN
The Town of Stillwater, in the County of Saratoga, in the State of New York.
TOWN BOARD
The duly constituted Town Board of the Town of Stillwater.
UNIFORM CODES
The New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and all parts thereunder, as currently in effect and as hereafter amended from time to time.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Stillwater.
ZONING LAW
The Town of Stillwater Zoning Law as adopted and hereafter amended from time to time.[1]
[1]
Editor's Note: See Ch. 210, Zoning.

§ 81-5 Department of Building, Planning and Development.

A. 
The Department of Building, Planning and Development of the Town of Stillwater is hereby created. The Department shall oversee and enforce all the provisions of the Uniform Codes, this chapter, Chapter 210, Zoning, and related Stillwater laws. The Department shall have the following responsibilities:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificate of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such application;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and condition as the Director may determine to be appropriate;
(3) 
To conduct, or cause to be conducted, construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates 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;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 81-17A, Compliance orders, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of the Town of Stillwater;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In cooperation with the Attorney for the Town of Stillwater, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Codes and this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Department or Department personnel by this chapter;
B. 
A Director of the Department of Building, Planning and Development shall be appointed by the appointment of the Town Board. The Director shall possess background experience related to building construction or fire prevention and 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.
C. 
One or more Assistant Code Enforcement Officers may be appointed by the Town Board, upon recommendation by the Director, to act under the supervision and direction of the Director and to assist in the exercise of powers and fulfillment of the duties conferred upon the Director by this chapter. Each Assistant Code Enforcement Officer 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, as well as such other training as the Director prescribes.
D. 
The compensation of the Director and other Department personnel shall be fixed from time to time by the Town Board of the Town of Stillwater.
E. 
Department of Building, Planning and Development personnel shall include:
(1) 
Director.
(a) 
The Town Board shall appoint a Director of the Department of Building, Planning and Development.
(b) 
The Director shall be the chief Code Enforcement Officer of the Town of Stillwater.
(c) 
The Director is classified as a "department head" within the Town of Stillwater and shall be responsible for the day-to-day operations of the Department including but not limited to the following;
[1] 
Preparation of the annual budget; administration of the Uniform Codes, including all functions and responsibilities contained therein;
[2] 
Administration and enforcement of all local laws pertaining to building and planning; assign duties to personnel, in conjunction with this chapter as may be required;
[3] 
Preparation of agendas for the Planning Board and the Zoning Board of Appeals; coordinate the review of applications before the Planning Board and Zoning Board of Appeals;
[4] 
Invoicing and accounting for all escrow (trust and agency) funds pertaining to planning, zoning and building projects; act as administrator for long-range planning within the Town;
[5] 
Recommending updates to Chapter 210, Zoning, for review and approval by the Town Board; manage the open space inventory of the Town;
[6] 
Managing capital construction projects for the Town;
[7] 
Maintaining the minutes of the Planning Board and Zoning Board of Appeals.
(d) 
The Director shall practice sound supervision and management of the Department and its personnel.
(e) 
The Director shall serve as Chief Plans Examiner, Building Official, Minimum Housing, Electrical Inspector, Plumbing Inspector, Sign Inspector and Mechanical Inspector.
(f) 
The Director shall maintain a technical library of updated code books and referenced standards on building materials, construction standards and practices and design standards.
(g) 
The Director shall serve as the lead official responsible for the administration of the Uniform Codes, Chapter 210, Zoning, and related Stillwater laws.
(2) 
Fire Marshal.
(a) 
The Town Board shall appoint a Fire Marshal for the Town of Stillwater.
(b) 
The Fire Marshal shall serve within the Department of Planning, Building and Development and report to the Director of the Department. The Fire Marshal shall have the powers of an Assistant Code Enforcement Officer pursuant to Town Law § 138.
(c) 
The Fire Marshal shall demonstrate completion of 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, particularly demonstrating certification from the State Fire Administrator, pursuant to the Executive Law and the regulations promulgated thereunder.
(d) 
The Fire Marshal is authorized and directed to enforce the Uniform Codes, and any other laws, local laws, ordinances or rules involving firesafety within the Town of Stillwater. The Fire Marshal is also authorized and directed to administer the Town of Stillwater's 911 emergency response program and to coordinate the program with appropriate local, county, state and federal agencies.
(e) 
In furtherance thereof, the Fire Marshal shall have the power and duty to:
[1] 
Inspect all places of public assembly for fire hazards, efficiency of fire protection equipment, adequacy of exits, and general compliance with the Uniform Codes, at least once a year;
[2] 
Inspect industrial and commercial buildings, as deemed necessary by the Fire Marshal, for fire hazards, efficiency of fire protection equipment, adequacy of exits, and general compliance with the Uniform Codes;
[3] 
Inspect apartment houses, boardinghouses, hotels and motels, as deemed necessary by the Fire Marshal, for fire hazards, efficiency of fire protection equipment, adequacy of exits, and general compliance with the Uniform Code;
[4] 
Inspect private residences for fire hazards at the request of owners;
[5] 
Inspect vacant buildings for fire and safety hazards to recommend securing or demolishing such vacant buildings, where necessary;
[6] 
Take photographs of fire hazards within the Town;
[7] 
Require, from the Fire Chief in charge, notification without demand of all fires or explosions involving structural damage, fuel-burning appliance, chimney or gas vent;
[8] 
Issue burning permits and investigate complaints of outdoor burning;
[9] 
Inspect the installation and maintenance of sprinkler and fire alarm systems as well as fire hydrant systems;
[10] 
Review new building plans for compliance with firesafety requirements;
[11] 
Establish 911 addresses for new building permits, for lots in new subdivisions, or for existing addresses where required;
[12] 
Establish fire lanes on private property.
[13] 
Call or attend meetings with officials of appropriate local, county, state and federal agencies in the administration and coordination of the Town of Stillwater's 911 emergency response program.
[14] 
Participate in training and continuing education as required by the New York State Department of State Division of Code Enforcement and Administration, the New York State Office of Fire Control and Prevention, or other agencies having jurisdiction over local fire marshals.
[15] 
Issue appearance tickets for violations of the Uniform Code and other statutes, local laws, ordinances, rules and regulations involving firesafety;
[16] 
Testify in court regarding violations of the Uniform Code and other appropriate legislation, rules or regulations;
[17] 
Keep appropriate records to prepare mandatory and discretionary reports on activities.
(3) 
Assistant Code Enforcement Officers.
(a) 
The Town Board may appoint, pursuant to Town Law § 138, one or more assistant Code Enforcement Officers to serve within the Department of Building, Planning and Development upon recommendation of the Director.
(b) 
Assistant Code Enforcement Officers shall be under the supervision of the Director. Such officers shall have such titles as approved by the Town Board and duties assigned by the Director.
(c) 
Duties performed by Assistant Code Enforcement Officers may include:
[1] 
Administration of Chapter 210, Zoning, of the Code of the Town of Stillwater;
[2] 
Ensuring compliance with the adopted Zoning Map, site plan review and special use permit requirements, environmental and performance standards, parking and loading regulations, telecommunication towers, signs, all supplementary regulations, and other regulations described in Chapter 210, Zoning;
[3] 
Serving as the Floodplain Administrator consistent with existing local laws of the Town, FEMA and DEC guidelines.[1]
[1]
Editor's Note: See also Ch. 103, Flood Damage Prevention.
[4] 
Serving as the Abandoned Vehicle Inspector, requiring the removal of abandoned vehicles in violation of existing laws and ordinances regulating abandoned vehicles; shall inspect for abandoned vehicles and consult with owners, managers and vehicle owners to seek compliance of applicable laws on abandoned vehicles; determine remedial action necessary to abate the condition;
[5] 
Preparing daily reports of activity and records of inspections;
[6] 
Conferring and cooperating with legal counsel for enforcement of local laws and ordinances.
[7] 
Field enforcement of the adopted Building Code;
[8] 
Inspection of new and existing buildings and structures as required or assigned to determine compliance with the adopted codes and approved plans and specifications;
[9] 
Reporting on all violations and variations from adopted codes and approved plans;
[10] 
Reporting faulty and unsafe building construction;
[11] 
Reviewing and examining building and construction plans for compliance with the Uniform Codes and related building material and construction standards;
[12] 
Reporting, in writing, discrepancies and design variations found in plans and specifications, building material, and methods of construction;
[13] 
Recommending acceptance of alternate materials and methods of construction;
[14] 
Related work as required;
[15] 
Consultation with architects, engineers, contractors, builders, owners, and others in matters related to design, materials, materials standards, and modern construction techniques.
(4) 
Assistant Director.
(a) 
The Town Board shall appoint an Assistant Director of the Department of Building, Planning and Development.
(b) 
The Assistant Director shall be under supervision of the Director.
(c) 
The Assistant Director shall assist the Director in the day-to-day operation of the Department. Duties of the Assistant Director may include:
[1] 
Meeting in the first instance with applicants seeking permits from the Department;
[2] 
Advising applicants as to state, county and Town requirements for submission of plans and applications to the Department;
[3] 
Receiving, answering or referring complaints;
[4] 
Assisting in the administration and operation of the Planning Board and Zoning Board of Appeals including, but not limited to, the preparation of Board agendas and meeting minutes;
[5] 
Assistance in the preparation of the Department budget;
[6] 
Promotion of public relations on behalf of the Department;
[7] 
Arranging meetings for the Director and others at the request of the Director;
[8] 
Does related work as required.
(d) 
The Assistant Director shall be the only official, other than the Town Clerk, authorized to collect fees for permits and services of the Department; and shall keep a receipt book of all fees paid to the Department to be audited on a monthly basis by the Director of the Office of Fiscal Management or other authorized official as determined by the Town Supervisor.
(e) 
The Assistant Director shall serve as the Secretary to the Planning Board and Zoning Board of Appeals. This proviso shall supersede that portion of § 271, formerly § 272, of the Town Law that grants the Planning Board the power and authority to employ a secretary.
(5) 
Secretary.
(a) 
The Town Board shall appoint a Secretary, or Secretaries, to the Department of Building, Planning and Development.
(b) 
The Secretary shall be under the supervision of the Director and shall report to the Assistant Director for daily tasks and assignments.
(c) 
The Secretary shall be responsible, under supervision, for secretarial and clerical duties within the Department as required:
[1] 
May act as an office manager; may take dictation and transcribe letters, memoranda and reports;
[2] 
May compose and type letters;
[3] 
Assists the Assistant Director in the preparation of minutes and agendas of meetings;
[4] 
Develops and maintains a filing system;
[5] 
Performs research at the request of Department personnel;
[6] 
Serves as Secretary to the Planning Board and Zoning Board of Appeals in the absence of the Assistant Director;
[7] 
Answers telephones and receives visitors, routing both appropriately;
[8] 
Gives out information;
[9] 
Does related work as required.
(6) 
Acting Director.
(a) 
The Town Board shall appoint an Acting Director of the Department of Building, Planning and Development who, upon authorization, shall serve in the stead of the Director. During such tenure, the Acting Director shall exercise all of the authority, fulfill all duties and enforce all laws as assigned to the Director by this chapter.
(b) 
Upon disability of the Director, the Town Supervisor, or in his/her absence, the Deputy Supervisor, may authorize the Acting Director to serve in the stead of the Director on a case-by-case basis. Such authorization shall be written and detail the subject and duration of such service.
(c) 
"Disability of the Director," for purposes of this subsection, shall include both a physical inability to perform the functions of Director and real or implied, financial or ethical, conflict of interest relating to a project subject to review by the Department. Notice of such disability shall be submitted in writing by the Director to the Supervisor prior to authorization of the Acting Director to serve. In those instances where the Director is unable or unwilling to give such notice, determination of a disability shall be made the Stillwater Town Board.
(d) 
The Director, anticipating temporary absence, may appoint an assistant Code Enforcement Officer to act in the Director's stead during the length of such absence.

§ 81-6 Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Director.
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) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet;
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); installation of swimming pools associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; installation of fences which are not part of an enclosure surrounding a swimming pool;
(3) 
Construction of retaining walls, which are under five feet in height, unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(4) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(5) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or townhouse;
(6) 
Installation of partitions or movable cases less than five feet nine inches in height;
(7) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(8) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(9) 
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
(10) 
Repairs provided that such repairs do not involve:
(a) 
The removal or cutting away of a load bearing wall, partition, or portion thereof, or any structural beam or load bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affect 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. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code.
D. 
Applications for building permits. Applications for a building permits shall be made in writing on original forms provided by the Department. Application forms and supporting documents shall be signed in the original 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 Director deems sufficient to permit a determinations by the Director that the intended work complies with all applicable requirements of the Uniform Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections in accordance with the provision of the Uniform Code; and
(5) 
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 and certified where so required by New York State 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.
E. 
Construction documents. Construction documents will not be accepted as part of an application for building permit unless they satisfy the requirements set forth in Subsection D(e) of this section. Construction documents which are approved as part of the application for a building permit shall be marked by the Director in writing or by stamp. One set of the approved construction documents shall be retained by the Director, and one set of the approved constructions documents shall be returned to the applicant and must be kept at the work site so as to be available for use by Code Enforcement Personnel. A return of a set of approved construction documents to the applicant shall not be an authorization to commence work, nor is the return of such documents an indication that a building permit will be issued. Work shall not be commenced until a building permit is issued.
F. 
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. The Director shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code.
G. 
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.
H. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and approved as part of the application for building permit. The building permit shall contain the following directive: "The permit holder shall immediately notify the Stillwater Department of Building, Planning and Development of any change occurring during the course of work." The building permit shall contain such a directive. If the Director 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 approval of such change is issued by the Department.
I. 
Time limits and permit renewal. Building permits shall become invalid unless the authorized work is commenced within six months from the date of issuance. All building permits shall expire 12 months from the date of issuance except for in-ground and aboveground swimming pool permits which shall expire six months from 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 an applicable renewal fee, and approval of the renewal application by the Director.
J. 
Revocation or suspension of building permits. If the Director or his designee 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 violated the Uniform Code or the Energy Code, the Director shall revoke the building permit or suspend the building permit until such time as the Permit Holder demonstrates that:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 81-18, Fees, of this chapter shall be paid in full at the time of submission, by certified funds, of an application for a building permit, of an amended building permit, or of a renewal of a building permit. Written receipts will be provided.

§ 81-7 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Director or authorized Code Enforcement Personnel. The permit holder shall notify the Director or Code Enforcement Personnel 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 as made, where applicable:
(1) 
Work site and terrain prior to issuance of a building permit;
(2) 
Footings and foundation prior to the pouring of concrete;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in electrical, HVAC and plumbing;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance (insulation); and
(10) 
Final inspection when all work stated and authorized by the building permit has been completed.
C. 
Electrical inspections. Electrical inspections pursuant to the Uniform Codes shall be initially conducted by an independent inspector, certified by, or meeting the equivalent standards of, the New York Board of Fire Underwriters. Such inspections shall be marked on site with the inspector's approval seal and remain uncovered pending confirming inspection by Stillwater Code Enforcement Personnel.
D. 
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 Codes. Work not in compliance with any applicable provision of the Uniform Codes shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Codes and Stillwater laws, reinspected, and found satisfactory as completed.
E. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 81-18, Fees, of this chapter must be paid in full, by certified funds, prior to or at the time of each inspection performed pursuant to this section.

§ 81-8 Stop-work orders; penalties for offenses.

A. 
Authority to issue. The Director and Code Enforcement Personnel are authorized to issue stop-work orders pursuant to this section. The Director or Code Enforcement Personnel shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Director or Code Enforcement Personnel to be contrary to any applicable provision of the Uniform Code, without regard to where such work is or is not work for which building permit is required, and without regard to where a building permit has or has not been issued for such work, or
(2) 
Any work that is being constructed in a dangerous or unsafe manner in the opinion of the Director or Code Enforcement Personnel, 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
(4) 
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 Director,
(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 Director 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 (by service of Code Enforcement Personnel) or by certified mail. The Director 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 on 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 force or effect of the stop-work order.
D. 
Effect of stop-work order. Upon issuance of a stop-work order, the owner of the affected property, the permit holder and any other person authorized to perform work on the premises shall immediately cease all work which is the subject of the stop-work order as well as immediately ceasing all previously permitted work.
E. 
Violation of stop-work order. Any person who violates the provisions of the stop-work order, will in effect, prior to written release from the Town of Stillwater, be subject to fines and/or prosecution in the Town of Stillwater Justice Court. In the event of a violation of a stop-work order, the Attorney for the Town shall take all necessary legal action to enforce and prosecute the provisions of this section.
F. 
Fines and penalties. Fines and penalties for violation of a stop-work order pursuant to this chapter shall be:
(1) 
First offense: fine not to exceed $250 and/or imprisonment up to six months;
(2) 
Second offense: fine not less than $250 nor more than $700 and/or imprisonment up to six months;
(3) 
Third and subsequent offenses: fine not less than $700 nor more than $1,000 and/or imprisonment up to six months.
G. 
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 § 81-17, Violations; penalties for offenses, 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, in the sole discretion of the Town of Stillwater, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 81-9 Certificates of occupancy; certificate of compliance.

A. 
Certificates of occupancy/certificates of compliance required. A certificate of occupancy or certificate of compliance 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 classifications or subclassification 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 or certificate of compliance.
B. 
Issuance of a certificate of occupancy. The Director shall issue a certificate of occupancy if the work which was subject to 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 sub classification to another complies with all applicable provisions of the Uniform Code and Energy Code. A certificate of occupancy will be issued when the approved use contains any or all area that will be occupied by a person or persons. The Director or Code Enforcement Personnel 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 Director, at the expense of the applicant for the certificate of occupancy, shall be provided to the Director prior to the issuance of the certificate of occupancy.
C. 
Issuance of certificate of compliance. The Director shall issue a certificate of compliance if the work which was subject to the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code, Chapter 210, Zoning, 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, Energy Code or Chapter 210, Zoning. A certificate of compliance will be issued when the approved use is not intended to be occupied by a person or persons. The Director or Code Enforcement Personnel shall inspect the structure, equipment or work prior to the issuance of a certificate or compliance. 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 Director, at the expense of the applicant for the certificate of compliance shall be provided to the Director prior to the issuance of the certificate of compliance.
(1) 
A written statement of structural observations and/or a final report of special inspection, and
(2) 
Flood hazard certifications.
D. 
Contents of certificate of occupancy/certificate of compliance. Certificates of occupancy/certificates of compliance shall contain the following information:
(1) 
The building permit number;
(2) 
The date of issuance of the building permit;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Director issuing the certificate of occupancy/certificate of compliance and the date of issuance.

§ 81-10 Notification regarding fire or explosion.

The Chief of any Fire Department providing fire-fighting services for a property within the Town of Stillwater and serving this jurisdiction shall promptly notify the Director, Fire Marshal or Code Enforcement Personnel of any fire or explosion involving and structural damage, fuel-burning appliance, chimney or gas vent.

§ 81-11 Unsafe building and structures.

Unsafe structures and equipment in this Town of Stillwater shall be identified and addressed in accordance with the procedures established in Chapter 69, Buildings, Unsafe, of the Code of the Town of Stillwater, as now in effect or as hereafter amended from time to time.

§ 81-12 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), 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 one or more areas of public assembly with an occupant load of 100 persons or more; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board or this Town of Stillwater.
B. 
Any person who proposes to undertake any activity or to operate any type of building listed in this section 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 Director. Such application shall include information as the Director deems sufficient to permit a determination by the Director or Code Enforcement Personnel that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Director determines that tests or reports are necessary to verify conformance, such test and reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Director, at the expense of the applicant.
D. 
Inspections. The Director or an inspector authorized by the Director 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 Director may require a separate operating permit for each such activity, or the Director 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 be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to excess three years in any other case, as shall be determined by the Director to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Director, payment of the applicable fee, and approval of such application by the Director.
G. 
Revocation or suspension of operating permits. If the Director 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.
H. 
Fee. The fee specified in or determined in accordance with the provision set forth in § 81-18, Fees, of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 81-13 Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety or property maintenance inspections of building and structures shall be performed by the Fire Marshal or other Code Enforcement Personnel at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly 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), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at lease once every 24 months.
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, pursuant to this chapter, the Uniform Codes or Chapter 210, Zoning, of the Code of the Town of Stillwater may be performed by the Town of Stillwater Director of Planning, Building and Development, Deputy Director of Planning, Building and Development, or any Assistant Building Inspectors 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 Director 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 Director of any other information, reasonably believed by the Director 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 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.
(1) 
The Director 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 Director 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 Director shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection C(1) or (2) 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 Director 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 § 81-18, Fees, of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 81-14 Complaints.

A. 
The Director 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, this chapter, or any other local law or ordinance or regulation adopted for the administration and enforcement of the Uniform Code or the Energy Code.
B. 
Reporting a complaint. A complaint or allegation made pertaining to possible violations of the code shall be made to the Director.
(1) 
A complaint must be in writing and addressed to the Director; or
(2) 
A member of the Town Board may verbally direct the Director to investigate any matter that may be a violation of that code that impacts public health and safety; or
(3) 
A member of the Planning Board or Zoning Board of Appeals may enter into the record of said Board an allegation of violation, in which the Secretary of said Board will transmit complaints to the Director.
C. 
Responding to a complaint. The process for responding to a complaint shall include such of the following steps as the Director may deem to be appropriate:
(1) 
Performing an inspection of the condition 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 § 81-17, Violations; penalties for offenses, of this chapter;
(3) 
If appropriate, issuing a stop-work order;
(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 a report with the complainant.

§ 81-15 Recordkeeping. [1]

A. 
Records management. The Director 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, certificates of compliance, temporary certificates, 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 §§ 81-6 through 81-14, inclusive, of this chapter, inclusive; and
(9) 
All fees charged and collected.
B. 
Records maintenance. 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.
[1]
Editor's Note: See also Ch. 37, Records.

§ 81-16 Program review and reporting.

A. 
Annual report. The Director shall annually submit to the Town Board of this Town of Stillwater a written report and summary of all business conducted by the Director and the Inspectors, including a report and summary of all transactions and activities described in § 81-15, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
Report to Secretary of State. The Director shall annually submit to the Secretary of State, on behalf of this Town of Stillwater, on a form prescribed by the Secretary of State, a report of the activities of Town relative to administration and enforcement of the Uniform Code.
C. 
Availability of reports of activity. The Director 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 of Stillwater 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.

§ 81-17 Violations; penalties for offenses.

A. 
Compliance orders. The Director 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. Upon finding that any such condition or activity exists, the Director shall issue a compliance order.
(1) 
The compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Director;
(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;
(e) 
Specify the period of time which the Director deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
The Director shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Director shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Director and each Inspector are authorized to issue appearance tickets for any ion of the Uniform Code.
C. 
Civil penalties. In addition to those penalties proscribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Director pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town of Stillwater.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town of Stillwater, 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, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Director 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 this Town, 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 Supervisor of this Town of Stillwater.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 81-8, Stop-work orders; penalties for offenses, of this chapter, 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 § 81-8, Stop-work orders; penalties for offenses, of this chapter, in any other section of this chapter, or in any other applicable law. 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.
[Amended 2-19-2009 by L.L. No. 5-2009]

§ 81-18 Fees.

A fee schedule shall be established by resolution of the Town Board of this Town of Stillwater. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.

§ 81-19 Intermunicipal agreements.

The Town Board of this Town of Stillwater may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the Town, 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.