This chapter shall be known as the "Building Construction and
Fire Prevention Law of the Town," hereinafter referred to as "this
chapter."
A.
Except as otherwise provided in the codes or any other pertinent
law, all buildings, structures, and premises, regardless of use or
occupancy, located within the Town, which is outside the limits of
the Village, are subject to the provisions this chapter.
B.
Exemption(s):
(1)
Buildings, structures and premises that are owned by Yates County,
NYS or the federal government.
(2)
Buildings, structures and premises that are owned by a public school
district or the Board of Cooperative Education Services (BOCES).
(3)
Buildings, structures and premises that are wholly or partially exempt
from the codes as determined by NYS and/or any other authority having
jurisdiction.
The purpose of this chapter is to provide for the administration
and enforcement of the codes in the Town, which is outside the limits
of the Village. The codes establish the minimum requirements to provide
a reasonable level of safety, public health and general welfare through
structural strength, means of egress facilities, property maintenance,
stability, sanitation, adequate light and ventilation, energy conservation,
and safety to life and property from fire, explosion and other hazards,
and to provide a reasonable level of safety to firefighters and emergency
responders during emergency operations.
No certificate and/or permit authorized by this chapter shall
be issued unless the proposed occupancy, use and/or work complies
with the pertinent provisions (e.g., zoning) of the Code of the Town.
Except as otherwise prescribed by law, every multiple dwelling
shall be constructed and maintained in accordance with the applicable
requirements of the Multiple Residence Law as well as the codes. A
violation of the Multiple Residence Law shall constitute a violation
of this chapter.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law of New York State.
Nothing in this chapter shall be construed as authorizing any
authority having jurisdiction responsible for the administration and
enforcement of the codes and/or this chapter to do so in a manner
that deprives any person or entity of due process of law.
Unless otherwise expressly stated, the following abbreviations,
acronyms and definitions shall, for the purpose of this chapter, have
the meanings shown in this chapter.
Words used in the present tense include the future; words stated
in the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular.
Where the terms are not defined in this chapter and are defined
in the codes, such terms shall have the meanings ascribed to them
in the codes.
Where terms are not defined by the methods authorized by this
chapter, such terms shall have the ordinarily accepted meanings such
as the context applies.
|
Abbreviation/Acronym
|
Term
|
|---|---|
|
AHJ
|
Authority having jurisdiction
|
|
FEMA
|
Federal Emergency Management Agency
|
|
FCNYS
|
Fire Code of NYS
|
|
HUD
|
United States Department of Housing and Urban Development
|
|
ICC
|
International Code Council
|
|
LS
|
Land Surveyor licensed in NYS
|
|
NEC
|
National Electrical Code
|
|
NYCRR
|
New York Codes, Rules and Regulations
|
|
NYS
|
New York State
|
|
NYSED
|
NYS Department of Education
|
|
NYSDEC
|
NYS Department of Environmental Conservation
|
|
NYSDOH
|
NYS Department of Health
|
|
NYSDOS
|
NYS Department of State
|
|
NYSDOT
|
NYS Department of Transportation
|
|
OFPC
|
NYS Office of Fire Prevention and Control
|
|
PE
|
Professional Engineer licensed in NYS
|
|
PMCNYS
|
Property Maintenance Code of NYS
|
|
RA
|
Registered Architect licensed in NYS
|
|
RCNYS
|
Residential Code of NYS
|
|
SEQRA
|
State Environmental Quality Review Act
|
|
UL
|
Underwriters Laboratories
|
|
YCSWCD
|
Yates County Soil and Water Conservation District
|
As used in this chapter, the following terms shall have the
meanings indicated:
Those charges incurred by the Town in processing and reviewing
applications or other actions pertaining to the administration and
enforcement of this chapter, including but not limited to attorney
fees, appraisal fees, engineering fees, land surveying fees, and any
other costs incurred by the Town.
A person who shall have charge, care, or control of any structure
as owner, or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person representing the actual owner shall be bound to comply
with the provisions of this chapter to the same extent as if that
person was the owner.
This term shall bear the same meaning as "appearance ticket"
that is defined in § 150.10 of the Criminal Procedures Law
of NYS as currently in effect and as hereafter amended from time to
time or any successor rules, regulations, or statutes.
Acceptable to the Code Enforcement Officer or other AHJ.
This term shall bear the same meaning as "approved agency"
that is defined in the Uniform Code.
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A public officer designated by the Town Board who shall assist
the Code Enforcement Officer with the administration and enforcement
of this chapter or any other pertinent law.
An organization, office or individual responsible for enforcing
the requirements of a code or standard, or for approving equipment,
materials, an installation, or a procedure.
A building permit, construction permit, demolition permit,
steep slopes permit, or other permit that authorizes the performance
of work. The term "building permit" shall also include a building
permit which is renewed, amended, or extended pursuant to any provision
of this chapter. Lastly, the issuance of a building permit shall represent
the issuance of a floodplain development permit as prescribed in the
Flood Damage Prevention Law,[1] a steep slopes permit as prescribed in the Steep Slopes
Law,[2] as well as a certificate of zoning compliance as prescribed
in the Zoning Law.[3]
Gas, electrical, elevator, fire protection, life safety,
mechanical, plumbing and other service systems of a building.
A document issued by the Town stating that work appears to
be completed in compliance with approved construction documents and
the codes.
A document issued by the Town stating that the building or
structure, or portion thereof, appears to be compliant with the approved
construction documents that have been submitted to, and approved by,
the Town, and indicating that the building or structure, or portion
thereof, appears to be in a condition suitable for occupancy.
A public officer designated by the Town Board who is charged
with the administration and enforcement of this chapter or any other
law assigned to this officer.
The Acting Code Enforcement Officer(s), Assistant Code Enforcement
Officer(s) and/or the Code Enforcement Officer.
Local laws, regulations, resolutions and/or rules of the
Town that are contained in the Code of the Town of Milo as currently
in effect and as hereafter amended from time to time or any successor
rules, regulations, or statutes.
This term shall mean the Energy Code and Uniform Code.
This term shall bear the same meaning as "construction documents"
that is defined in the codes.
Yates County, New York.
An area within a lot of record upon which improvements have
been made. For clarification purposes, this area will include any
improvement and its minimum yards required by the Zoning Law.[4]
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law of NYS, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.
This term shall bear the same meaning as "factory manufactured
buildings" that is defined in the Uniform Code.
The Fire Code of NYS as currently incorporated by reference
in 19 NYCRR Part 1225, as currently in effect and as hereafter amended
from time to time, or any successor rules, regulations, or statutes.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.
The Flood Damage Prevention Law of the Town, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.[5]
This term shall bear the same meaning as "hazardous production
material" that is defined in the Uniform Code.
This term shall bear the same meaning as "imminent danger"
that is defined in the Uniform Code.
A reasonable ground for belief that certain alleged facts
exist and those facts would induce a prudent public officer, acting
within the scope of his or her duties, to believe a cause for the
extension of an application, certificate, notice, order, or permit
is appropriate and proper.
An individual who is a licensed land surveyor (LS) in accordance
with Article 145 of the Education Law of NYS.
Lands designated as a separate lot on a plat or deed recorded
in the Office of the County Clerk.
This term shall bear the same meaning as "manufactured home"
that is defined in the Uniform Code.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
The Multiple Residence Law of NYS, as currently in effect
and as hereafter amended from time to time, or any successor rules,
regulations or statutes.
Office of Development Services as created by this chapter.
A permit issued pursuant to the applicable provisions of
this chapter. This term shall also include an operating permit which
is renewed, amended, or extended pursuant to any applicable provision
of this chapter.
An order issued by the Code Enforcement Officer pursuant
to the applicable provisions of this chapter.
Any person, agent, operator, firm or business entity having
a legal or equitable interest in the property as recorded in the official
records of the County as holding title to the property.
The person to whom a building permit has been issued. For
the purposes of this chapter, the owner shall only be the permit holder.
A natural person, heirs, executors, administrators or assigns,
and includes a firm or business entity, its or their successors or
assigns, or the agent of any of the aforesaid.
A lot of record, plot or parcel of land, easement, right-of-way
or public way, including any structures thereon.
An individual who is a licensed professional engineer in
accordance with Article 145 of the Education Law of NYS, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.
The Property Maintenance Code of NYS as currently incorporated
by reference in 19 NYCRR Part 1226, as currently in effect and as
hereafter amended from time to time, or any successor rules, regulations,
or statutes.
This term shall bear the same meaning as "public utility
company" that is defined in Article 1 of the Public Service Law of
NYS, as currently in effect and as hereafter amended from time to
time, or any successor rules, regulations, or statutes.
An individual who is a registered architect in accordance
with Article 147 of the Education Law of NYS, as currently in effect
and as hereafter amended from time to time, or any successor rules,
regulations, or statutes.
An individual who is a registered architect or a professional
engineer.
A form of visual inspection which uses visual or electronic
aids to allow an inspector or team of inspectors to observe work from
a distance because the work is inaccessible or in dangerous environments,
or whereby other circumstances or conditions as well as scheduling
issues prevent an in-person inspection. For clarification purposes,
this term shall also include construction photographs as a form of
visual inspection.
This term shall bear the same meaning as "repair" that is
defined in the Uniform Code.
The Residential Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1220, as currently in effect and as
hereafter amended from time to time, or any successor rules, regulations,
or statutes.
The Sewers Law of the Town, as currently in effect and as
hereafter amended from time to time, or any successor rules, regulations,
or statutes.[6]
A plan that outlines the use and development of any tract
of land.
This term shall bear the same meaning as "special expert"
that is defined in the Uniform Code.
This term shall bear the same meaning as "special inspector"
that is defined in the Uniform Code.
The rules, regulations and procedures set forth in 6 NYCRR
Part 617, SEQRA, as currently in effect and as hereafter amended from
time to time, or any successor rules, regulations, or statutes, which
implements Article 8 of the Environmental Conservation Law of NYS,
where such state law establishes the requirement for environmental
review of actions approved, funded or directly undertaken by state
or local government.
The Protection of Steep Slopes Law of the Town, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.[7]
An order issued pursuant to the applicable provisions of
this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to the applicable provisions
of this chapter.
An approved agency, registered design professional, special
expert, and/or special inspector approved by the Code Enforcement
Officer.
The Town of Milo, New York.
The Town Assessor of the Town.
The Attorney of the Town and/or Town Attorney.
The Town Board of the Town.
The Town Clerk of the Town.
The Engineer of the Town and/or Town Engineer.
The Town Supervisor of the Town.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law, as currently in effect and as
hereafter amended from time to time, or any successor rules, regulations,
or statutes.
The Unsafe Buildings Law of the Town, as currently in effect
and as hereafter amended from time to time, or any successor rules,
regulations, or statutes.[8]
The conditions identified as "unsafe" are prescribed within
the FCNYS and the PMCNYS.
This term shall bear the same meaning as "unsafe structures"
and/or "unsafe equipment" that is defined in the Uniform Code.
All vehicles designed for use in air and/or on roads, off-roads,
waterways or underwater, including but not limited to aircraft, automobiles,
boats, buses, bicycles, jet skis, tractors, motorcycles, mini-bicycles
and recreational vehicles.
The Village of Penn Yan, New York.
The Wastewater Management Law of the Town of Milo, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes.[9]
The Water Law of the Town of Milo, as currently in effect
and as hereafter amended from time to time, or any successor rules,
regulations, or statutes.[10]
The Zoning Law of the Town of Milo, as currently in effect
and as hereafter amended from time to time, or any successor rules,
regulations, or statutes.[11]
[8]
Editor's Note: See Ch. 162, Buildings, Unsafe.
