Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Fallsburg 6-24-2008 by L.L. No. 1-2008 (Ch. 26 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 85.
Building construction — See Ch. 100.
Unsafe buildings — See Ch. 104.
Flood damage prevention — See Ch. 137.
Housing code — See Ch. 156.
Property maintenance — See Ch. 218.
Sewers — See Ch. 230.
Signs — See Ch. 234.
Subdivision of land — See Ch. 260.
Water — See Ch. 299.
Zoning — See Ch. 310.

§ 96-1 Purpose and intent.

This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 96-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASSISTANT
An Assistant Code Enforcement Officer appointed pursuant to § 96-3D of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 96-4 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
A certificate issued pursuant to § 96-7B of this chapter. A certificate of occupancy or certificate of compliance may be issued depending on the scope of the permit.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 96-3B of this chapter. The Code Enforcement Officer may also be the Building Inspector.
CODE ENFORCEMENT PERSONNEL
Include the Code Enforcement Officer, Building Inspector, and all assistants.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 96-15A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to § 96-10 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
Include 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 § 96-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 96-7D of this chapter.
TOWN
The Town of Fallsburg.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

§ 96-3 Code Enforcement Officer and assistants.

A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates, temporary certificates 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, temporary certificates and operating permits, and to include in building permits, certificates, temporary certificates 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, 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 Subsection A, Compliance orders, of § 96-15 of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of this Town;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Town's attorney, 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
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer 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, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. Additionally, the Code Enforcement Officer:
(1) 
Shall not engage in any activity inconsistent with his or her duties for the Town, nor, during the time of his/her employment, shall he/she be engaged, directly or indirectly, in any building business, furnishing of labor, materials or equipment for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Fallsburg, excepting only that this provision shall not prohibit such person from such activities in connection with the construction of a building or structure owned by him or her.
(2) 
May reside outside the Town; provided, however, that such residency shall not prevent him or her from carrying out the duties of the position, and further provided that he or she shall not utilize any equipment provided by the Town for carrying out the duties under this Code outside the Town without the permission, in writing, of the Town Board.
C. 
In the event that the Code Enforcement Officer is unable 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.
D. 
One or more Assistants 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. Each assistant shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each assistant shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The compensation for the Code Enforcement Officer and Assistants shall be fixed from time to time by the Town Board of this Town.

§ 96-4 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, conversion of use, 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 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) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 80 square feet and it is not served by electricity;
(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 above ground;
(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 load-bearing wall, partition, or portion thereof, or of 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 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. 
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 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) 
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 prepared in accordance with the provisions 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 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.
E. 
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(5) 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.
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 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.
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 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.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within 12 months following the date of issuance. Building permits shall expire 18 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may, for good cause, be renewed for an additional eighteen-month period upon application by the permit holder, payment of the applicable fee, and review and approval of the application by the Code Enforcement Officer.
J. 
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:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy 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 § 96-16, Fees, of this chapter 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. All fees are nonrefundable unless authorized by the Town Board.

§ 96-5 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 assistant 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 made, 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. 
Independent testing. Whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, the Code Enforcement Officer may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. All fees must be reimbursed as outlined in § 96-16B.
E. 
Engineer/architect certifications. The Code Enforcement Officer may, at his or her discretion, accept the certification of a state-licensed professional engineer or registered architect that work has been performed in accordance with all local codes and the Uniform Code.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 96-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 96-6 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 and regular 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 and regular mail; provided, however, that failure to serve any person mentioned in this subsection 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 Subsection A, Compliance orders, of § 96-15, Enforcement; 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, whether prior to, at the time of, or after the issuance of a stop-work order.
F. 
The first offense for building without a permit is defined as never having a prior stop-work order, as this is a first occurrence whether as a property owner or a developer. As a result, he or she may be subject to a fine of up to $750. A second offense of building without a permit is the second time an owner/developer is issued a stop-work order whether on his or her own property or working as a contractor on others' property. He or she shall be subject to a fine from $751 to $2,500. A third offense of building without a permit represents a blatant disregard for the Town of Fallsburg laws and regulations, as the builder/contractor/owner has built without a permit twice in the past. He or she shall be subject to a fine of $2,501 to $5,000.
[Added 12-22-2014 by L.L. No. 8-2014]

§ 96-7 Certificates.

A. 
Certificates required. A Certificate 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 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.
B. 
Issuance of certificates. The Code Enforcement Officer shall issue a certificate 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 assistant authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates. A certificate 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 is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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 Code Enforcement Officer issuing the certificate and the date of issuance.
D. 
Temporary certificate.
(1) 
The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines: that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and shall be specified in the temporary certificate. A temporary certificate may be renewed for an additional six months for good cause. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
(2) 
The applicant may be required to furnish a performance bond or other security which bond or other security shall run to the benefit of the Town. The form and the amount of security shall be set by the Code Enforcement Officer and the Town Engineer, shall be held by the Town Board, and shall be in such form as is acceptable to the Town Attorney.
E. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate or a temporary certificate 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.
F. 
Certificate based on engineer/architect certification. The Code Enforcement Officer is authorized to issue a certificate in regard to any building or structure upon receiving from a licensed professional engineer or registered architect as-built plans and a sworn certification which, to the satisfaction of the Code Enforcement Officer, certifies that the building complies with all requirements of the Town of Fallsburg and the Uniform Code which existed at the time erected, notwithstanding that said premises may not have the otherwise requisite building permits. Said certificate shall recite that the certificate is issued upon the certification of the licensed professional engineer or registered architect and that the building complies with all requirements of the Town of Fallsburg and the Uniform Code for the issuance of a certificate at the time erected and that the Town issues the certificate solely on the basis of that certification and not on the basis of any independent inspection or investigation.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 96-16, Fees, of this chapter must be paid at the time of submission of an application for a certificate or for temporary certificate.

§ 96-8 Notification regarding fire or explosion.

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

§ 96-9 Unsafe building and structures.

Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established in Chapter 104 of the Town Code and/or the applicable provisions of the Fire and Property Maintenance Codes of New York State, as now in effect or as hereafter amended from time to time.

§ 96-10 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 byproduct, 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 of this Town. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the 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 Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an assistant authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D. 
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 Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed three years, as shall be determined by the Code Enforcement Officer 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 Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the 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.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 96-16, 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.

§ 96-10.1 Seasonal business permits.

[Added 2-25-2013 by L.L. No. 1-2013]
A. 
Seasonal business permits shall be required for any business operation which operates for no more than six months in any calendar year and/or between March 31 and October 1.
B. 
Seasonal business permits shall be required for conducting the activities or using the categories of buildings below:
(1) 
Amusement or recreational establishments.
(2) 
Restaurants.
(3) 
Delis.
(4) 
Offices.
(5) 
Warehouses.
(6) 
Garages.
(7) 
Sale of retail and wholesale goods and services.
C. 
Application requirements.
(1) 
An application for a seasonal business permit shall be obtained from the Town of Fallsburg Town Clerk and must be submitted to the Town Clerk for review and approval prior to any seasonal business opening and operating. Application must be made to the Town Clerk no less than 30 days prior to the date(s) for which the business or activity is scheduled to commence and no more than 60 days prior to the proposed commencement of business or activity. For example, if a seasonal business is scheduled to open June 1, then the application for the seasonal business permit must be filed no earlier than April 1 but no later than May 1. Seasonal business permits shall require annual review. Approvals are not carried from year to year. A seasonal business permit will be valid during the season for which the permit was issued, subject to all information on the application remaining materially unchanged. If at any time any of the information upon which the seasonal business permit materially changes, a revised application shall be submitted to the Town of Fallsburg Town Clerk. The application for the seasonal business permit shall contain and be accompanied by the following:
(a) 
A written narrative describing the nature of the proposed activities, proposed duration of such activities and the proposed daily hours of operation.
(b) 
A legible sketch plan depicting the proposed location of the activities, including but not limited to merchandise display, parking, circulation, pedestrian and vehicular ingress/egress, surface materials and sanitary facilities, if any. The Town Code Enforcement Officer shall have the discretion to review and approve the sketch plan or refer the applicant to the Town of Fallsburg Planning Board. Signage is not approved as part of the seasonal business permit.
(c) 
All signage must comply with the sign regulations of the Zoning Ordinance[1] and be approved by the ARB.
[1]
Editor's Note: See Ch. 310, Zoning.
(d) 
Payment of all applicable application fees. There will be a mandatory deposit of $1,000 which will be held by the Town of Fallsburg pending the final inspection of the business upon the expiration of the seasonal permit.
(e) 
Written and signed authorization from any property owner upon whose property the proposed activities are to take place, confirming that the applicant has the right to use such property for the entire duration listed on the application.
(f) 
Proof of a valid and current Town/state sales tax license and a Town business license and or Town peddler's permit.
(g) 
Proof of applicable Health Department approvals if the proposed activity requires the same.
(h) 
The applicant shall also provide any other information that the Town of Fallsburg Town Clerk and/or Code Enforcement Officer deems necessary in order to make a determination on the issuance of the seasonal business permit. Should the Code Enforcement Officer determine that test 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 Code Enforcement Officer, at the expense of the applicant.
(i) 
Once the premises has been approved, the Town Clerk will issue a seasonal business permit. The applicant will be responsible to display the seasonal business permit in the front window of the premises where visible.
(j) 
Once the end-of-season inspection has been conducted and pending no violations, the deposit of $1,000 will then be released. If there are violations, the seasonal permit holder will be responsible to clear said violations prior to the release of the deposit. All violations shall be cleared within 15 days of notice of violation, or the deposit shall be used to clear said violations.
(k) 
The fine for operating a seasonal business without a permit shall be $500 per week for the first two weeks and $1,000 for every week thereafter until the approval and receipt of a seasonal business permit.
D. 
Inspections. Under no circumstances shall a seasonal business permit be issued without the completion of an inspection and the approval of the Code Enforcement Officer.
(1) 
Each shall be subject to an inspection of the premises by the Town of Fallsburg Code Enforcement Officer. The fee for said inspection shall be $100. The Town Clerk shall schedule said inspections with the Code Enforcement Office and notify the applicant of the time and date of the inspection.
(2) 
The seasonal business permit holder shall make arrangements with the Town Clerk for a store closure inspection no less than 10 days prior to the closure of the seasonal business and/or activity. The close-out inspection shall be conducted by the Town of Fallsburg Code Enforcement Office. Should the seasonal business permit holder not close the business properly, the Town of Fallsburg will cause same to be closed properly and charge all fees, costs and disbursements to said seasonal business permit holder. All seasonal operating businesses and or activities shall be closed pursuant to the Town of Fallsburg Town Code § 218-6, and, in addition, all vacant storefront windows and the areas visible behind them shall be left clean and fully closed. This shall include the removal of all promotional signs; tape used to hold those signs in place must be removed from all surfaces. All vacant buildings shall be secured in such a way as to prevent and deter entry. The owner of any commercial building which has a display window facing the street and which becomes vacant shall install a temporary drop screen located a minimum of three feet and a maximum of 10 feet back from the window surface in order to obscure the vacant interior of the premises. Such location shall be determined by the availability of places where such screen can be supported. If there are no such supports, the screen can be placed directly in the windows. Such screen shall be opaque and dark in color and may be constructed of cloth or other similar material, but shall not be of plastic or paper. All colors shall be within the Town of Fallsburg's historical color pallet.
E. 
Limitations.
(1) 
The seasonal operational requirements and limitations set forth in this section shall apply to all seasonal business within the Town of Fallsburg. A violation of the requirements or limitations set forth in this section may result in the revocation of any or all seasonal operating permits issued to the permit holder.
(2) 
Subject to all requirements of this chapter, seasonal operations may take place in all zoning districts.
(3) 
Seasonal business permits shall not impair traffic visibility and shall not impair the normal, safe, and effective operation of the permanent use on the same site. The Town of Fallsburg reserves the right under this chapter to shut down a temporary/seasonal operation even after the granting of an approval if the operation is posting safety concerns, has become a nuisance or has violated any requirements of this section or other provisions of the Town of Fallsburg Town Code and/or Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 310, Zoning.
(4) 
Under no circumstances shall a seasonal business permit be issued if there are outstanding fees, fines, and/or violations upon the property where the business/activity is to open/take place or the same applicant owing the fees or fines.
F. 
Duration, revocation and renewal.
(1) 
A seasonal business permit issued pursuant to this chapter shall be valid for one season. Said season is defined as any business or activity which operates for no more than six months in any calendar year and/or between March 31 and October 1.
(2) 
A seasonal business permit is eligible for renewal for each subsequent season, subject to the following criteria being met:
(a) 
No more than 60 days prior to the beginning of a subsequent season, the permit holder applies in writing for renewal, meeting all of the requirements in § 96-10.1C(1).
(b) 
A seasonal business permit may be revoked by the Town of Fallsburg Clerk and/or Code Enforcement Office if, in the sole discretion of the Town of Fallsburg Clerk and/or Code Enforcement Office, any conditions upon which the seasonal business permit was issued have materially lapsed, or any such conditions were materially misrepresented by the applicant.

§ 96-11 Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an assistant designated by the Code Enforcement Officer 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, including three or more units on the property or three or more units in the building, not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 36 months.
[Amended 2-25-2013 by L.L. No. 1-2013]
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 Code Enforcement Officer or an Assistant designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the 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 Code Enforcement Officer of any other information, reasonably believed by the 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.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 96-16, 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.

§ 96-12 Complaints.

The Code Enforcement Officer 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, ordinance 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 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 § 96-15, Enforcement; penalties for offenses, 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.

§ 96-13 Recordkeeping.

A. 
The Code Enforcement Officer 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, 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 §§ 96-4 through 96-12, inclusive, of this chapter; 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.

§ 96-14 Program review and reporting.

A. 
The Code Enforcement Officer shall, upon request, submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the assistants, including a report and summary of all transactions and activities described in § 96-13, Recordkeeping, of this chapter 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 this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
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 this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.

§ 96-15 Enforcement; penalties for offenses.

A. 
Compliance orders. The Code Enforcement Officer 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 Code Enforcement Officer shall issue a compliance order. The compliance order shall: be in writing; be dated and signed by the Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; 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; specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified and regular mail. The Code Enforcement Officer 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 and regular 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 Code Enforcement Officer and each assistant are authorized to issue appearance tickets for any violation 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, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $1,500 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.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, 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, temporary certificate, 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 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 Town Board of this Town.
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 § 96-6, Stop-work orders, 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 § 96-6, Stop-work orders, 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.

§ 96-16 Fees.

A. 
Fee schedule. A fee schedule shall be established by resolution of the Town Board of this Town. 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, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.
B. 
Reimbursement for professional services.
(1) 
The Code Enforcement Officer is hereby empowered to charge an applicant the expense for professional fees incurred by the department for professional fees which are incurred as a result of professional work required to be done on behalf of the Code Enforcement Officer as a result of the filing of an application seeking approval or the approval of any construction.
(2) 
Professional services. Such professional services shall include, but not be limited to architects, attorneys, engineers for services rendered in connection with the above.
(3) 
The professional involved, who will be hired at the request of the Code Enforcement Officer, will submit a statement setting forth the nature of services performed, the date such services were rendered, the time spent thereon (if such services are rendered in a timed basis) and the name of the party rendering such services. A voucher or other bill rendered to the Town and paid by the Town shall be deemed a fee statement in full compliance with this section.
(4) 
Payment of the fee by the applicant shall be a prerequisite for approval of the application or construction but shall be paid regardless of whether approval is granted or not. If the relief sought by the applicant is granted but the fee(s) is not paid, the issuing authority can revoke its action ex parte and afterwards notify the applicant for the same of said revocation and that the relief sought will not be regranted until the fees are paid.
(5) 
If payment is by check, payment is not to be considered final until the check clears the bank of the drawer.
(6) 
Disputed fees. Any applicant who disputes any fee statement presented to him may bring a proceeding in the Supreme Court of the State of New York, in and for the County of Sullivan, pursuant to Article 78 of the Civil Practice Law and Rules of New York, within 30 days after presentation of such disputed fee statement. The commencement of such a proceeding shall not stay the obligation of the applicant to pay any fee statement presented to him pursuant to this chapter.
(7) 
Failure to reimburse fees. Any fee statement imposed by this section which remains unpaid at the time the Town certifies its annual tax roll shall become a lien upon the premises for which the application was made. Such unreimbursed fees shall thereupon be levied against said premises, as if a tax on real property, and in addition to all other taxes, fees, rents, or charges which would otherwise be so levied. In the event the affected premises comprise more than one tax lot, the Town Treasurer shall distribute such levy equally among such tax lots without regard to assessed value or any other factor.

§ 96-17 Intermunicipal agreements.

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