[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa 1-17-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 57.
Flood damage prevention — See Ch. 75.
Sewers — See Ch. 124.
Site plan review — See Ch. 127.
Zoning — See Ch. 160.
[1]
Editor's Note: This local law also repealed
former Ch. 51, Building Construction and Fire Prevention, adopted
9-3-1985 as Ch. 26 of the 1985 Code, as amended.
A.
The purpose of this local law is intended to provide
minimum:
(1)
Requirements to safeguard the public safety, health
and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation,
and safety to life and property from fire and other hazards attributed
to the build environment.
(2)
Standards to safeguard life or limb, health, property
and public welfare by regulating and controlling the design, construction,
installation, quality of materials, location, operation and maintenance
or use of fuel gas, plumbing and mechanical systems.
(3)
Requirements consistent with nationally recognized
good practice for providing a reasonable level of life safety and
property protection from the hazards of fire, explosion or dangerous
conditions in new and existing buildings, structures and premises.
B.
The intent of this local law provides for the repeal and replacement of the existing Code of Minoa, Chapter 51, by this local law and for the administration and enforcement of the Uniform Code and the Energy Code, the Code of Minoa and this local law in this Village. This local law is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, other federal and state laws and regulations, the Code of Minoa or other section of this local law; all construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures are subject to the provisions of this local law.
A.
APPURTENANCE
BOARD OF APPEALS
BUILDING
BUILDING INSPECTOR
BUILDING PERMIT
BUSINESS/OPERATING PERMIT
CERTIFICATE OF OCCUPANCY
CERTIFICATE OF COMPLIANCE
CODES ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
CODE OF MINOA
COMPLIANCE ORDER
DETACHED STRUCTURE
ENERGY CODE
FEE
FIRE PROTECTION SYSTEMS
FUEL-FIRED APPLIANCE
GENERAL CONTRACTOR
INSPECTOR
LOCAL LAW (OR THIS LOCAL LAW)
OWNER
PERMIT HOLDER
PERSON
STOP-WORK ORDER
STRUCTURE, ACCESSORY
SUBCONTRACTOR
TEMPORARY CERTIFICATE
TWO-FAMILY DWELLING
UNIFORM CODE
VILLAGE
WORK
ZONING ENFORCEMENT OFFICER
In this local law, the following definitions, shall
apply (regardless of whether capitalized or not):
An object of real or personal property, including fixtures,
improvements belonging to or incidental to the ownership or use of
another object of real or personal property, including fixtures and
improvements, either attached or not, and including, without limitation,
the installation of fuel gas distributing piping and equipment, fuel
gas-fired water heaters and water heater venting systems; fuel gas
piping systems, utilization equipment, and related accessories; mechanical
systems, system components equipment and appliances that are permanently
installed and utilized to provide control of environmental conditions
and related processes within buildings and solid, liquid or gas fuel
burning heating appliances.
Any detached one- and two-family dwellings (i.e., stick-built,
manufactured or modular homes), multiple single-family dwellings (attached
or clustered patio homes, townhouses), one-family dwellings converted
to a bed-and-breakfast, community residences, hospice residences and
mobile homes.
Codes Enforcement Officer.
A permit issued pursuant to § 51-4 of this local law. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this local law.
A permit issued pursuant to § 51-10 of this local law. The term "business/operating permit" shall also include a business/operating permit which is renewed, amended or extended pursuant to any provision of this local law.
A certificate issued pursuant to § 51-7A(1) of this local law, to acknowledge the successful closure to a building permit with regard to new construction or additions to buildings or structures.
A certificate issued pursuant to § 51-7A(2) of this local law, to acknowledge the successful closure to a building permit with regard to installation of equipment or compliance with a firesafety/property maintenance inspection.
The Codes Enforcement Officer appointed pursuant to § 51-3B of this local law. The Codes Enforcement Officer shall have such authority as provided for under the Code of Minoa and in addition shall be the "Code Enforcement Officer" as provided for under the Uniform Code, Energy Code, and other related laws, regulations and codes of the State of New York.
The Codes Enforcement Officer and all inspectors.
The Village Code of Minoa, including as amended from time
to time.
An order issued by the Codes Enforcement Officer pursuant to § 51-16A of this local law.
Any structure designed to accommodate an accessory use but
detached from the principal or main structure, such as a freestanding
garage for a vehicle(s), pole-style building, storage shed, garden
house, a tent or membrane structure, handicap ramps and other accessible
constructions of fixtures or materials together with the remnants
or remains of such structure.
The Energy Conservation Construction Code of New York State,
as currently in effect and as hereafter amended from time to time.
Any fee or charge as stated or contemplated hereunder except for a fine or penalty and including without limitation those fees described at § 51-17 and any fee schedule duly adopted by the Village of Minoa Board of Trustees.
Any approved devices, equipment and systems or combinations
of systems used to detect a fire, activate an alarm, extinguish or
control a fire, control or manage smoke and products of a fire or
any combination thereof.
An appliance that burns solid, liquid and/or gaseous fuel,
including but not limited to wood stoves, household cooking ranges,
furnaces, boilers, water heaters, clothes dryers and gas-fire refrigerators.
Any organization or individual responsible for the entire
project, from contracting with or administrating contracts to subcontractors
and suppliers, scheduling and reviewing their work; ensuring code
compliance; worker and job site safety; coordination of work schedules;
and compliance with contractual deadlines. The term "general contractor"
shall include any construction manager overseeing the entire project.
An inspector appointed pursuant to § 51-4D of this local law. Upon appointment and delegation by the Codes Enforcement Officer, the inspector shall have such authority as the Codes Enforcement Officer has been granted hereunder.
This Local Law No. 1 of 2007. In addition, any other law,
regulation, code or similar statutory enactment or promulgated provision(s)
of state or local law governing the subject matter hereof which is
incorporated in such local law by reference or inference, even if
not specifically enumerated, shall be deemed as part of this Local
Law No. 1 of 2007, provided the Codes Enforcement Officer can be legally
charged with the enforcement and administration thereof.
The owner or holder of title to any personal or real property
subject hereof.
The person to whom a building permit has been issued.
Shall 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.
An order issued pursuant to § 51-6 of this local law.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for a vehicle(s), pole-style building, storage shed, garden house,
a tent or membrane structure, handicap ramps and other accessible
constructions of fixtures or materials together with the remnants
or remains of such structure.
Any person or entity that contracts with a general contractor
or a subcontractor for the improvement of the real property and that
performs some part of the general contractor's contract with the owner.
A certificate issued pursuant to § 51-7D of this local law to acknowledge the successful partial closure to a building permit to allow an approval to occupy a new building or addition with conditions and limitations.
Two complete, but separate, self-contained residential units,
each intended for permanent habilitation by one family only, in a
single structure having a common wall, roof, wall or ceiling and containing
separate rooms and facilities for living, including cooking, sleeping
and sanitary needs.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Minoa.
The action(s) or performance(s) contemplated or permitted
under a building permit or any other permit, permission or approval
issued hereunder.
Codes Enforcement Officer.
B.
The foregoing definitions shall supersede any differing definitions of the same terms contained in Part I, Chapter I, Article II of the Code of Minoa, if any, for purposes of this Chapter 51 and any other sections of the Code to the extent incorporated herein by reference or inference. Such definitions contained at Part I, Chapter I Article II and Part II, Chapter 160, Article II of the Code of Minoa shall otherwise control.
A.
The office of Codes Enforcement Officer is hereby
created. The Codes Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code, the Energy Code, the Code
of Minoa and this local law. The Codes Enforcement Officer shall have
the following powers and duties and/or duties however, such powers
and/or duties to administer, enforce and issue permits relative to
the National Electrical Code, the Plumbing Code of New York State,
federal and state stormwater management regulations and floodplain
regulations, may be, in the discretion of the Village Board, as indicated
by resolution duly adopted from time to time hereafter, delegated
to others:
(1)
To receive, review, and approve or disapprove applications
for building permits, business/operating permits, changes of occupancy
and floodplain permits and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, business/operating permits, changes of occupancy and floodplain
permits, such terms and conditions as the Codes Enforcement Officer
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior to the issuance of temporary or final certificates of occupancy, Temporary or final certificate of compliance, business/operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, inspections and investigations of land development activities as, or as directed by, the Stormwater Management Officer, pursuant to Chapters 127, 135, and 140 of the Code of Minoa and all other inspections required or permitted under any provision of this local law;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To issue and/or withhold permits, temporary or final
certificates of occupancy/certificates of compliance, approvals, inspections
and the like pending the collection of unpaid fees and penalties as
set by the Village Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney and upon
Village Board approval, to pursue such legal actions and proceedings
as may be necessary to enforce the Uniform Code, the Energy Code,
Code of Minoa and this local law, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, Code of
Minoa or this local law; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Codes Enforcement Officer by this local
law.
B.
The Codes Enforcement Officer shall be appointed by
the Village Mayor with Village Board approval. The Codes 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 Codes
Enforcement personnel, and the Codes Enforcement Officer shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated hereunder.
C.
In the event that the Codes Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Village Mayor with Village Board approval to serve as Acting
Codes Enforcement Officer. The Acting Codes Enforcement Officer shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Codes Enforcement Officer by
this local law.
D.
One or more inspectors may be appointed by the Village
Mayor with Village Board approval to act under the supervision and
direction of the Codes Enforcement Officer and to assist the Codes
Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon the Codes Enforcement Officer by this
local law. Each inspector 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 Codes Enforcement personnel, and each inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated hereunder.
E.
The compensation for the Codes Enforcement Officer
and inspectors shall be fixed from time to time by the Village Board.
A.
Building permits required. Except as otherwise provided in § 51-4B hereof, a building permit shall be required for any work which must conform to the Uniform, the Energy Code, the Code of Minoa and/or this local law, including but not limited to the construction, alteration, movement, enlargement, replacement, repair, use and occupancy, location, maintenance, removal and demolition of:
(1)
Building, structures, and structure accessory that
are defined in the Uniform, the Energy Code, the Code of Minoa and/or
this local law.
(2)
Appurtenances connected or attached to buildings and
structures that are defined in the Uniform, the Energy Code, the Code
of Minoa and/or this local law.
(3)
Fire protection systems that are defined in the Uniform,
the Energy Code, the Code of Minoa and/or this local law, but subject
to the following:
(a)
Portable fuel-fired heating equipment including generators
that are not vented shall be prohibited;
(b)
All smoke and carbon monoxide detectors shall be interconnected
by hard wire and have a battery backup capability; and
(c)
Carbon monoxide detectors shall be located where required
by the Uniform Code and in all habitable rooms where fuel-fired appliances
and equipment are located.
(4)
No person, firm, corporation, association or partnership
shall commence any work for which a building permit is required without
first having obtained a building permit from the Codes Enforcement
Officer.
B.
Exemptions. Subject to the provisions of § 51-21 authorizing waivers and modifications, in the discretion of the Codes Enforcement Officer, no building permit may be required for work in the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
attached or clustered single-family dwellings (patio homes, townhouses)
which are used for tool and storage sheds, playhouses or similar uses,
provided the gross floor area does not exceed 100 square feet;
(2)
Installation of swings and other playground equipment
associated with a one- or two family dwelling or multiple attached
or clustered single-family dwellings (patio homes, townhouses);
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple attached or clustered single-family
dwellings (townhouses) where such pools are designed for a water depth
of less than 24 inches;
(4)
Installation of fences which are not part of an enclosure
surrounding a permitted swimming pool;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Roofing, painting, wall, 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 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. An 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, the Code of Minoa, or any other provisions of this local law, nor of homeowners association, common area association declaration, restrictions, bylaws or the like, nor any other contractual rights of another person or property. Any exception granted on the basis of plans and specifications required and submitted for review shall not be construed as a representation or opinion that no other such issues or violations exist and shall require that such construction not be in violation of any such legal or contractual requirements and be strictly in accordance with such plans and specifications submitted and that a copy of same be on file with the Village prior to issuance of an exemption certificate. The plans and specifications may be in such form as required by the Codes Enforcement Officer based upon the complexity of the installation or construction involved and need not necessarily be architect or engineer drafted plans or specifications. An exemption certificate will be issued by the Codes Enforcement Officer prior to commencement of installment or construction upon request by the owner.
D.
Applications for building permits applications for
a building permit. The application, on a form provided by or otherwise
acceptable to the Codes Enforcement Officer, shall be signed both
by the owner of the property where the work is to be performed and
the general contractor or construction manager, or subcontractor (only
where there is no general contractor or construction manager) who
will be responsible for the work. The application shall include such
information as the Codes Enforcement Officer deems sufficient to permit
a determination by the Codes Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code,
Energy Code, the Code of Minoa and this local law. The application
shall include or be accompanied by the following information and documentation:
(1)
Full name and address of the owner, and if by a corporation,
the name and address of the responsible officer(s);
(2)
Full name and address of the general contractor, and
if by a corporation, the name and address of the responsible officer(s);
(3)
Proof of Workers Compensation and Disability Insurance
on a form approved by the New York State Workers' Compensation Law
and the General Municipal Law; as well as certificates of insurance
in the form required at § 51-4E(1) and (2) naming the Village
of Minoa as additional insured and certificate holder. The foregoing
notwithstanding, no certificate of liability insurance shall be required
naming the Village as additional insured where the work proposed is
not on, near, or the cause of potential liability exposure to the
Village or Village property, as determined by the Codes Enforcement
Officer;
(4)
Other related permits including a plumbing permit
issued by the Onondaga County Department of Plumbing; an electrical
permit issued by an approved Certified Electrical inspector; and,
where applicable, a driveway permit from New York State Department
of Transportation or Onondaga County Department of Transportation;
(5)
The Tax Map number and the 911-assigned street address
of the property where the work is to be performed;
(6)
Identification and/or description of the land to where
the work is to be done including a boundary and topographical survey
map by a NYS license land surveyor, certified to the Village of Minoa,
and showing location of all federal and state wetlands, floodplains
and floodways, utilities, easements, restrictions, setbacks, any violations
or encroachments, and any other relevant state of facts reasonably
necessary for a proper evaluation of the application/project proposal.
Elevations shall be shown at not less than three-foot contours and
shall extend to 20 feet beyond each property boundary line either
by actual survey or the surveyors' best estimate (where access is
not permitted) as noted on the survey map.
(7)
A description of the use and/or occupancy of the property
and the occupancy classification of any affected building or structure
on the property;
(8)
Where applicable, an asbestos survey in accordance
with the amended Industrial Code Rule 56;
(9)
Where applicable, a statement of special inspections
prepared as required by the Codes Enforcement Officer and in accordance
with the provisions of the Uniform Code, the Energy Code, the Code
of Minoa or this local law; and
(10)
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, Energy Code, the Code of Minoa and this local
law; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines; and
(11)
The required fee(s).
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 § 51-4D(9) hereof. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Codes Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Codes Enforcement Officer and one set shall be filed with the Village Clerk. Work, including excavation, shall not be commenced until and unless a building permit is issued.
F.
Demolitions. In the case of all demolitions, the Codes
Enforcement Office shall not issue a permit until the applicant furnishes:
(1)
A public liability insurance policy issued by a carrier
licensed to do business in the State of New York in the sum of $100,000
to $300,000 or such additional coverage as the Codes Enforcement Officer
may determine as necessary to adequately protect the Village and public
generally. The policy may be evidenced by a unconditional binder,
certificate, and/or endorsement naming the Village Owner(s) as additional
named insured and certificate holder and shall provide that it will
not be canceled, expired, terminated, or be materially modified, including
for nonpayment of premium, without 20 days' prior written notice to
the Village and shall be otherwise subject to approval as to form
by the Village Attorney.
(2)
Proof of Workers Compensation and Disability Insurance
on a form approved by the New York State Workers' Compensation Law
and the General Municipal Law; as well as a certificate of general,
automobile and pollution liability insurance(s) naming the Village
of Minoa as additional insured and certificate holder.
(3)
The Codes Enforcement Officer shall not issue a permit to demolish a structure until the applicant has provided an Asbestos Survey as required by the New York State Department of Labor's Law, 12 NYCRR, Part 56, "Asbestos," Amended Industrial Code Rule 56; and such Asbestos Survey has been reviewed by the Codes Enforcement Officer to determine whether the Asbestos Survey complied with 12 NYCRR, Part 56, "Asbestos," Amended Industrial Code Rule 56, Section 56-5.
(4)
The application shall also indicate the method and
place of disposal of the debris from the demolition and a plan for
the restoration of the property, including the filling of all excavations
or below-ground-level openings and the capping or removal of sewer
and water lines if there is no intention to immediately rebuild on
the site.
(5)
The owner shall be responsible for restoring the property
in accordance with the approved restoration plan.
G.
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, Energy Code, the Code of Minoa and this local law. The Codes
Enforcement Officer shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code, Energy Code, the Code of Minoa and this local law.
H.
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.
I.
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 Codes Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Codes 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.
J.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire six months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this subsection may be renewed upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Codes Enforcement Officer.
K.
Revocation or suspension of building permits. If the
Codes 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, Energy Code, the Code of Minoa, this local law or where
the Codes Enforcement Officer finds that the work performed under
the permit is not in accordance with the provisions of the applications,
plans, or specifications, the Codes 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, the Energy Code, the Code
of Minoa and this local law; and
(2)
All work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code, the
Energy Code, the Code of Minoa and this local law.
L.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-17, Fees, of this local law 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.
M.
Appeal of Codes Enforcement Officer's decision. The Board of Appeals will review such orders, requirements, decisions or determinations of the Codes Enforcement Officer over which it has jurisdiction under the Code of Minoa's Chapter 160 Zoning, Article XI, Board of Appeals, and applicable laws of New York State. The applicant (owner) of the building permit may request a review of the written order, decision or determination that was made by the Codes Enforcement Officer by the Board of Appeal. Such request can be made no later than 60 days from the date that the written order, decision or determination was made by the Codes Enforcement Officer. The request shall be on a form approved by the Village.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Codes Enforcement Officer or by an inspector authorized by the Codes Enforcement Officer. The permit holder shall notify the Codes 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:
(1)
Work site: after issuance of building permit, drainage
swales and easements are completed, construction driveway is installed
and perimeter of property and catch basins are protected by a silt
fence;
(a)
Silt fences shall be inspected throughout the work
and shall be maintained until the soil is seeded and mulched.
(b)
All residual concrete from the pouring of footer(s)
or foundation wall(s) that may remain in the mixing vehicle shall
not be left on the construction site nor may it be disposed on any
other property within the Village.
(2)
Abatement/demolition: when abatement/demolition of
interior, roofing and other building materials is complete;
(3)
Excavation: after excavation, but before forming of
footing and/or concrete slab;
(4)
Footing and/or concrete slab: once the footer(s) and/or
concrete slab(s) is formed, but before pouring the concrete;
(5)
Foundation: once the anchor bolts, sill plates and
interior and exterior drains along the foundation walls are in place,
but before framing and backfilling;
(6)
Framing (including fire resistant construction and/or
penetrations): once framing is 100% complete, but before installing
any insulation;
(7)
Underground and rough-in plumbing systems: once framing
is 100% complete, but before installing any insulation inspection
by Onondaga County Plumbing Department is required;
(8)
Underground and rough-in electrical systems: once
framing is 100% complete, but before installing any insulation inspection
of the electrical wiring, junction boxes and service by the approved
certified Electrical inspector is required;
(9)
Insulation: once insulation is complete, but before
any sheet rocking, paneling, or other wall covering is installed/constructed;
(10)
Final inspection of appurtenances connected or attached
to buildings or structures for a certificate of compliance: once all
work is complete, but before:
(a)
Any operation or use of permitted appurtenances
connected or attached to a building or structure, accessible construction
or a pool shall occur;
(b)
Final electrical inspection of the electrical
wiring, junction boxes and service by an approved certified Electrical
inspector;
(c)
Verification of Energy Code compliance is obtained
or submitted;
(11)
Final inspection of all buildings or structures including
where the demolition of a building or structure was permitted, for
a certificate of occupancy: once all work and grading is complete,
but before:
(a)
Anyone can reside, assemble or use a building
or related structure;
(b)
As-built construction documents, if applicable,
are drawn or submitted;
(c)
Final plumbing inspection by the Onondaga County
Plumbing Department is conducted;
(d)
Final Electrical Inspection of the electrical
wiring, junction boxes and service by an approved certified Electrical
inspector is conducted;
(e)
Verification of Energy Code compliance is obtained
or submitted;
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, the Energy Code, the Code of Minoa and
this local law. Work not in compliance with any applicable provision
of the Uniform Code, the Energy Code, the Code of Minoa and this local
law shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Uniform Code, the
Energy Code, the Code of Minoa and this local law, re-inspected, and
found satisfactory as completed.
A.
Authority to issue. The Codes Enforcement Officer
is authorized to issue stop-work orders pursuant to this section.
The Codes Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Codes Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code, the Energy Code, the Code of Minoa or this local law, 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
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Codes 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.
C.
Service of stop-work orders. The Codes 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 first
class mail. The Codes 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 first class mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 51-16, Enforcement; penalties for offenses, of this local law or under any other applicable local law or federal and state laws and regulations. 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.
A.
Temporary or final certificate required.
(1)
Temporary or final certificate of occupancy required.
A certificate of occupancy shall be required for any work which is
the subject of a building permit with regard to new construction or
additions to buildings, structures and structure accessories; and
for all buildings, structures, 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 of occupancy.
(2)
Temporary or final certificate of compliance required.
A certificates of compliance shall be required for any work which
is the subject of a building permit with regard to installation of
appurtenances connected or attached to buildings and structures or
fire protection systems or compliance with a firesafety/property maintenance
inspection. 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 compliance.
B.
Issuance of temporary or final certificate of occupancy/certificate
of compliance. The Codes Enforcement Officer shall issue a temporary
or final certificate of occupancy/certificate of compliance if the
work which was the subject of the building permit was completed in
accordance with all applicable provisions of the Uniform Code, the
Energy Code, the Code of Minoa and this local law. The Codes Enforcement
Officer or an inspector authorized by the Codes Enforcement Officer
shall inspect the work prior to the issuance of a temporary or final
certificate of occupancy/certificate of compliance. In addition, where
applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code, the Energy Code, the Code of Minoa
and this local law by such person or persons as may be designated
by or otherwise acceptable to the Codes Enforcement Officer, at the
expense of the applicant for the temporary or final certificate of
occupancy/certificate of compliance shall be provided to the Codes
Enforcement Officer prior to the issuance of the temporary or final
certificate of occupancy/certificate of compliance:
C.
Contents of temporary or Final certificate of occupancy/certificate
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/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 Codes Enforcement Officer issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
D.
Temporary certificate of occupancy/certificate of
compliance. The Codes Enforcement Officer shall be permitted to issue
a temporary certificate of occupancy/certificate of compliance 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 Codes Enforcement Officer issue
a temporary certificate of occupancy or certificate of compliance
unless the Codes Enforcement Officer determines that the building
or structure 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 Codes
Enforcement Officer may include in a temporary certificate of occupancy
or certificate of compliance 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, the Energy Code, the Code
of Minoa and this local law. A temporary certificate shall be effective
for a period of time, not to exceed, in any event, six months, which
shall be determined by the Code Enforcement Officer and specified
in the temporary certificate. During the specified period of effectiveness
of the temporary certificate of occupancy or certificate of compliance,
the permit holder shall undertake to bring the work into full compliance
with all applicable provisions of the Uniform Code, the Energy Code,
the Code of Minoa and this local law.
E.
Revocation or suspension of temporary or final certificate
of occupancy/certificate of compliance. If the Codes Enforcement Officer
determines that a temporary or final certificate of occupancy/certificate
of compliance or was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Codes Enforcement Officer within
such period of time as shall be specified by the Codes Enforcement
Officer, the Codes Enforcement Officer shall revoke or suspend such
certificate.
The chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Codes Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. Except as specifically otherwise provided in this § 51-8, the provisions and procedures of Village Code Chapter 68, Firesafety, shall supplement and otherwise govern any such notification and related requirements hereunder. In the event of a conflict, the provisions of this § 51-8 shall control and prevail. The foregoing notwithstanding, the establishment of a higher standard in any part of such Chapter 68 shall not be deemed a conflict and such part shall prevail and control in such event.
[Amended 2-4-2013 by L.L. No. 2-2013]
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the provisions and procedures established by Chapter 116 of the Code of Minoa, the Fire Code of New York State and/or the Property Maintenance Code of New York State, as now in effect or as hereafter amended from time to time.
A.
Business/operating permits required.
(1)
A business/operating permit shall be required for
conducting the activities or using the categories of buildings listed
below:
(a)
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;
(b)
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;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Use or operation of automobile tire rebuilding
plant;
(e)
Use or operation of automobile wrecking yard;
(f)
Operation and/or use of dry-cleaning plant:
use in excess of four gallons of solvents or cleaning agents classified
as flammable or combustible;
(g)
Operation and/or use of dust-producing plants:
use and operation of any grain elevator, flour, starch or feed mill,
woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics,
magnesium, spices, sugar, sulfur or other materials producing explosive-potential
dust;
(h)
Use or operation of a junkyard;
(i)
Use or operation of a lumberyard;
(j)
Use or operation of industrial processing ovens
and furnaces operating at approximately atmospheric pressures and
temperatures not exceeding 1,400° F. which are heated with oil
or gas fuel or which during operation contain flammable vapors from
the material in the oven or catalytic combustion chamber;
(k)
Use or operation of a service station or repair
garage;
(l)
Use or operation of a welding and cutting business.
A record of all locations where welding or cutting operations are
performed shall be maintained and kept available for inspection by
the permit holder;
(m)
Buildings containing one or more areas of public
assembly with an occupant load of 50 persons or more; and
(n)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village Board.
B.
Applications for business/operating permits. An application
for a business/operating permit shall be in writing on a form provided
by or otherwise acceptable to the Codes Enforcement Officer. Such
application shall include such information as the Codes Enforcement
Officer deems sufficient to permit a determination by the Codes Enforcement
Officer that proposed or existing quantities, materials, and activities
will conform or continue to conform to the requirements of the Uniform
Code, the Energy Code, the Code of Minoa and this local law. If the
Codes 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 Codes Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Codes Enforcement Officer or an inspector
authorized by the Codes Enforcement Officer shall inspect the subject
premises prior to the issuance of a business/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 Codes Enforcement Officer may require a separate business/operating permit for each such activity, or the Codes Enforcement Officer may, in his or her discretion, issue a single business/operating permit to apply to all such activities.
E.
Duration of business/operating permits. Business/operating
permits shall be issued for such period of time, not to exceed one
year in the case of any business/operating permit issued for an area
of public assembly and not to exceed three years in any other case,
as shall be determined by the Codes Enforcement Officer to be consistent
with local conditions. The effective period of each business/operating
permit shall be specified in the business/operating permit. A business/operating
permit may be reissued or renewed upon application to the Codes Enforcement
Officer, payment of the applicable fee, the completion and/or receipt
of any inspection(s), report(s) or other due diligence deemed necessary
by the Codes Enforcement Officer, and approval of such application
by the Codes Enforcement Officer.
F.
Revocation or suspension of business/operating permits.
If the Codes Enforcement Officer determines that any activity or building
for which a business/operating permit was issued does not comply with
any applicable provision of the Uniform Code, the Energy Code, the
Code of Minoa or this local law, such business/operating permit shall
be revoked or suspended.
G.
Fee. The fee, if any, specified in or determined in accordance with the provisions set forth in § 51-17, Fees, of this local law must be paid at the time submission of an application for an business/operating permit, for an amended business/operating permit, or for reissue or renewal of an business/operating permit.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Codes Enforcement Officer or an inspector designated by the Codes
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 public areas of multiple dwellings and other rental dwellings, not included in Subsection A(1) or (2) shall be performed at least once every 12 months. The owner of the dwelling shall be given 10 days notice of such inspections and required to post a notice informing the tenants of the dwelling that they have the right to request the Codes Enforcement Officer to inspect their respective dwelling unit.
B.
Other 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 Codes Enforcement Officer or an inspector designated by the Codes Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected,
by any tenant or an authorized agent of such owner;
(2)
Receipt by the Codes Enforcement Officer of a written
statement alleging that conditions or activities failing to comply
with the Uniform Code, the Energy Code, the Code of Minoa or this
local law exist; or
(3)
Receipt by the Codes Enforcement Officer of any other
information, reasonably believed by the Codes Enforcement Officer
to be reliable, giving rise to reasonable cause to believe that conditions
or activities failing to comply with the Uniform Code, the Energy
Code, the Code of Minoa or this local law 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.
Fee. The fee, if any, specified in or determined in accordance with the provisions set forth in § 51-17, Fees, of this local law must be paid prior to or at the time each inspection performed pursuant to this section.
D.
Except as permitted in this § 51-11, the provisions and procedures of Code of Minoa, Chapter 68, firesafety, shall supplement and otherwise govern such firesafety, property maintenance inspection and related requirements as required hereunder. In the event of a conflict, the provisions of this § 51-11 shall control and prevail. The foregoing notwithstanding, the establishment of a higher standard in any part of such Chapter 68 thereof shall not be deemed a conflict and such part shall prevail and control in such event.
[Amended 11-18-2013 by L.L. No. 6-2013]
A.
Purpose and intent. It is the purpose and intent of this § 51-12 to coordinate the inspections and reinspections of all electrical installations regulated by the National Electric Code, the New York State Fire Prevention and Building Code, and/or the Code of the Village of Minoa.
B.
CODES ENFORCEMENT OFFICER
COMMERCIAL ELECTRICAL INSPECTOR
ELECTRICAL INSPECTION AGENCY
ELECTRICAL INSPECTOR
INSPECTION REPORT FORM
NATIONAL ELECTRIC CODE (NEC)
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE (UNIFORM
CODE), AS AMENDED
RESIDENTIAL ELECTRICAL INSPECTOR
Definitions. In this § 52-12, the following terms shall
have the meanings indicated:
An employee or representative of the Village of Minoa who
is appointed or authorized by the Board of Trustees of the Village
of Minoa.
An electrical inspector who inspects only assembly business,
educational, factory industrial, high-hazard, institutional, merchantile,
residential other than one-two family housing, storage and miscellaneous
occupancies as defined in the New York State Uniform Fire Prevention
and Building Code.
An entity or organization that employs or contracts with
approved residential and/or commercial electrical inspectors.
A residential or commercial electrical inspector approved
to inspect occupancies in the Village of Minoa.
A form that is approved by the Codes Enforcement Officer
of the Village of Minoa on which the electrical inspector or electrical
inspection agency shall report any violation, deviation, or compliance
with the National Electric Code, New York State Uniform Fire Prevention
and Building Code and/or Code of the Village of Minoa.
Published by the National Fire Protection Association (NFPA
70-08).
The Residential, the Building, Existing Building, Fire Mechanical,
Fuel Gas, and Energy Conservation Construction Codes of New York State.
An electrical inspector who inspects only one-two family
housing.
C.
Designation of electrical inspector and electrical inspection agency.
(2)
The Codes Enforcement Officer shall be and is hereby authorized to
appoint an electrical inspector(s) and/or electrical inspection agency(ies)
for the purpose of making electrical and related inspections and reinspections,
at reasonable times and places and upon reasonable notice.
(3)
The Codes Enforcement Officer shall be and is hereby authorized to
approve the qualifications of all electrical inspector(s), who in
his opinion and discretion are qualified to conduct electrical inspections.
(b)
If an electrical inspector's qualifications are not acceptable,
the electrical inspector or electrical inspection agency may appeal
the Codes Enforcement Officer's decision to the Village of Minoa
Board of Trustees.
(4)
In no event shall the cost or expense of such inspections or reinspections
be a charge against the Village of Minoa, except that such inspection
or reinspection is:
D.
Minimum qualifications of electrical inspector.
(1)
Residential electrical inspectors shall have successfully completed
a certification course offered by a nationally or New York State recognized
agency such as the International Code Council's (ICC) Test E1,
or International Association of Electrical Inspectors' Test,
one and two family (2A).
(2)
Commercial electrical inspectors shall have successfully completed
a certification course offered by a nationally or New York State recognized
agency such as the International Code Council's (ICC) Test E2;
or International Association of Electrical Inspectors' Test,
Electrical General (2B).
(3)
Electrical plans examiners shall have successfully completed a certification
course offered by a nationally or New York State recognized agency
such as the International Code Council's (ICC) Tests E1, E2,
E3, O1 and O2; or International Association of Electrical Inspectors'
Tests 2A, 2B and 2C.
(4)
All inspectors and plans examiners shall have successfully completed
12 hours of annual in-service certification course offered by a nationally
or New York State recognized agency such as local chapter of International
Association of Electrical Inspectors. Six hours of annual in-service
training by a local chapter of NYSBOC related to electrical requirements
of the Uniform Code can be used to offset the 12 hours of required
annual in-service training.
(5)
Proof of successful completion of a certification course offered
by a nationally or New York State recognized agency such as the International
Code Council's (ICC) or International Association of Electrical
Inspectors, and/or attendance at an annual in-service from local chapter
of New York State Building Officials Conference or the International
Association of Electrical Inspectors shall be provided annually to
the Codes Enforcement Officer of the Village of Minoa.
(6)
A certificate of insurance naming the Village of Minoa as an additional
insured for New York State's workers' compensation and disability
insurance shall be provided annually.
(7)
A certificate of insurance naming the Village of Minoa as an additional
insured for commercial general, automobile and umbrella liability
insurance for a minimum of $1,000,000 shall be provided annually.
E.
Authorization to issue permits and make inspections. The duly approved
residential and/or commercial electrical inspector is hereby authorized
to issue electrical permits and make inspections and reinspections,
at reasonable times and places and upon reasonable notice, of all
electrical installations regulated and covered by the NEC, the Uniform
Code, and/or the Code of the Village of Minoa.
F.
Duties of inspectors.
(1)
The electrical inspector or electrical inspection agency shall instruct
the applicant to post the permit in a conspicuous place at the work
site within 24 hours upon receiving a permit for an electrical inspection.
(2)
Upon issuing a permit for an electrical inspection, the electrical
inspection agency shall immediately fax or email a copy of the application
and permit to the Village of Minoa Codes Enforcement Officer.
(3)
The electrical inspector or electrical inspection agency shall make
inspections and reinspections of electrical installations in and on
properties in the Village of Minoa to verify compliance with the electrical
permit that was issued to the applicant. At a minimum:
(a)
There shall be an inspection prior to enclosing any underground
areas, walls, floors or other framing; after the installation of any
appliances and/or equipment including smoke and/or carbon monoxide
detectors that are hard-wired, generators, solar panels, wind turbines,
etc.
(b)
Determine compliance with regard to:
[1]
Material, receptacles, plug fuses, nonground-type receptacles
and grounding of appliances;
[2]
New installations, existing installations, enclosed areas, kitchens,
laundry areas, ground fault circuit interruption, minimum lighting
outlets, utility rooms and basements and clearance for equipment;
and
[3]
Unsafe conditions, service upgrade and number of electrical
outlets.
(c)
Verify that all electrical panels, electrical wiring and equipment
are safe, not hazardous and are not being overloaded.
(d)
Confirm that all old wiring, not being used, is removed or properly
capped.
(4)
Upon completion of an in-ground, aboveground, rough-in and/or final inspection, the electrical inspector or electrical inspection agency shall post in a conspicuous place at the work site an inspection report form that details what was inspected and whether or not it was in compliance with the electrical provisions of the NEC, the Uniform Code, and/or the Code of the Village of Minoa as referred to in this § 51-12 insofar as any of the same apply to electrical wiring. With reference to the Uniform Code, the electrical provisions shall include, but are not limited to:
(a)
Residential Code of New York State:
(c)
Existing Building Code of New York State:
[1]
Chapter 3, Prescriptive Compliance Method, Section 302.6, Electrical
(Additions, Alterations or Repairs).
[2]
Chapter 3, Prescriptive Compliance Method, Section 305.6, Electrical
(Change of Occupancy).
[3]
Chapter 5, Repairs, Section 507, Electrical.
[4]
Chapter 7, Alterations-Level 2, Section 708, Electrical.
[5]
Chapter 9, Change of Occupancy, Section 908, Electrical.
(d)
Mechanical Code of New York State:
[1]
Chapter 3, General Regulations, Section 301.7, Electrical Installation.
(5)
The electrical inspector or electrical inspection agency shall immediately fax or email a copy of the inspection report form to the Codes Enforcement Officer, owners and/or lessees of a property where electrical installations, wiring and/or installations(s) are found to be in violation or deviation from or omissions of the electrical provisions of the NEC, the Uniform Code, and/or the Code of the Village of Minoa as referred to in this § 51-12.
(6)
The electrical inspector or electrical inspection agency shall make
inspections and reinspections of electrical installations in and on
properties in the Village of Minoa upon written request of the Codes
Enforcement Officer, Chief of the Minoa Fire Department, Superintendent
of Public Works, the Mayor as herein provided.
(7)
In the event of an emergency, the electrical inspector or electrical
inspection agency shall make inspections of electrical installations
in and on properties in the Village of Minoa upon the oral request
of the Codes Enforcement Officer, Chief of the Minoa Fire Department,
Superintendent of the Department of Public Works, the Mayor as herein
provided.
(8)
The electrical inspector or electrical inspection agency is authorized
to make inspections and reinspections of electrical wiring, installations,
devices, appliances and equipment in or on properties within the Village
of Minoa where they deem it necessary for the protection of life and
property.
(9)
The electrical inspector or electrical inspection agency is authorized
to issue an electrical temporary certificate of occupancy or certificate
of compliance if a building or other structure or a designated portion
of a building or other structure is sufficiently complete so that
it may be put to the use for which it is intended.
(a)
A temporary certificate of occupancy or certificate of compliance
shall expire 90 days from the date of issuance of the certificate
of occupancy or certificate of compliance.
(10)
The electrical inspector or electrical inspection agency shall issue a temporary or final certificate of occupancy of certificate of compliance to the applicant when electrical installations and equipment are in conformity with electrical provisions of the NEC, the Uniform Code, and/or the Code of the Village of Minoa as referred to in this § 51-12.
(11)
A copy of the temporary or final certificate of occupancy or
certificate of compliance shall be faxed or emailed to the Village
of Minoa's Codes Enforcement Officer within 24 hours upon issuance
with a copy of the accompanying form that details what was inspected
and whether or not it was in compliance at the time of the rough-in
and final inspections.
G.
Exceptions.
(1)
The provisions of this § 51-12 shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment or the installations or equipment employed by a railway, electrical or communications utility in the exercise of its function as a utility, and located outdoors or in buildings used exclusively for that purpose.
H.
Waiver or assumption of liability. This § 51-12 shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Village of Minoa or duly appointed approved electrical inspector or an electrical inspection agency who employs such inspector that is approved by the Codes Enforcement Officer be deemed to have assumed any liability by reason of any inspection made pursuant to this § 51-12.
I.
Penalties for offenses.
(1)
It shall be a violation of §§ 51-12 and 51-4A for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the Village of Minoa until an application for inspection has been filed with a designated electrical inspector.
(b)
When a utility, fire department, or other emergency personnel
disconnects the electricity to a building or portions of a structure,
it shall not be re-energized without an inspection by an electrical
inspector or electrical inspection agency (that employs such approved
electrical inspector).
(2)
It shall be a violation of this § 51-12 for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power including transformers or fuel, solar or wind generators to any source of electrical energy supply prior to the issuance of an electrical permit.
(3)
It shall be a violation of this § 51-12 for a person, firm or corporation who is a property owner or leasing agent to permit the occupancy of any building or other structure that has not been issued a valid temporary or final certificate of occupancy or certificate of compliance by the electrical inspector or electrical inspection agency where one is required by this Chapter 51.
(4)
It shall be a violation of this Chapter 51 for a person reside in or occupy any building or other structure that has not been issued a valid temporary or final certificate of occupancy or certificate of compliance by the electrical inspector or electrical inspection agency where one is required by this chapter.
(5)
It shall be a violation of this chapter for a building or other portions of a structure to be erected, repaired, altered or requiring a change of occupancy, subject to the Uniform Code and/or this chapter, to be used or occupied, except to the extent provided in this § 51-12I, until a temporary or final certificate of occupancy or certificate of compliance has been issued.
J.
Village Board review authority.
(1)
Notwithstanding any other provision of this § 51-12 to the contrary or otherwise, the Village Board of Trustees shall have plenary authority to review and, as it may deem necessary or appropriate, reverse, modify, nullify, supersede or otherwise affect any decision of the Codes Enforcement Officer hereunder. For purposes hereof, the word "decision" shall mean and apply to any decisions, elections, consents, approvals, reviews, designations and/or other similar ministerial or discretionary acts or omissions of the Codes Enforcement Officer as hereunder.
(2)
Any such review may be initiated by any interested party, the Village
Board on its own motion or by the Codes Enforcement Officer including
for interpretation of his or her authority under this section. No
action by the Village Board shall be taken without first providing
notice to all interested parties and the Codes Enforcement Officer,
and an opportunity to be heard.
(3)
The Village Board shall make no decision contrary to that of the
Codes Enforcement Officer unless it finds the Codes Enforcement Officer's
decision was arbitrary and capricious, an abuse of discretion, or
not based upon substantial law.
(4)
The Village Board's review authority shall not extend to subject
matter that by superseding or preempting provisions of state or federal
law is exclusively within the jurisdiction and authority of the Codes
Enforcement Officer.
The Codes 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, the Code of Minoa, this local law or any other local law or
regulation adopted for administration and enforcement of the Uniform
Code, the Energy Code, the Code of Minoa or this local law. The process
for responding to a complaint shall include such of the following
steps as the Codes 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 § 51-16, Enforcement; penalties for offenses, of this local law;
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.
A.
The Codes Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
Codes 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, temporary and final certificates
of occupancy/certificates of compliance, stop-work orders, and business/operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(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 federal
and state laws and regulations.
A.
The Codes Enforcement Officer shall annually submit to Village Board a written report and summary of all business conducted by the Codes Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 51-14, Recordkeeping, of this local law and a report and summary of all appeals or litigation pending or concluded.
B.
The Codes Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code and
the Energy Code.
C.
The Codes Enforcement Officer shall, upon request
of the New York State's Department of State, provide to the New York
State Department of State, from the records and related materials
this Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Village in connection with administration and enforcement of
the Uniform Code and the Energy Code.
A.
Compliance orders. The Codes 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, the Code of Minoa,
or this local law. Upon finding that any such condition or activity
exists, the Codes Enforcement Officer shall issue a compliance order.
The compliance order shall: be in writing; be dated and signed by
the Codes Enforcement Officer; specify the condition or activity that
violates the Uniform Code, the Energy Code, the Code of Minoa or this
local law; specify the provision or provisions of the Uniform Code,
the Energy Code, the Code of Minoa or this local law which is/are
violated by the specified condition or activity; specify the period
of time which the Codes 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 Codes Enforcement Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by first class
mail. The Codes 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 first class 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 Codes Enforcement Officer
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code, the Energy Code, the Code of Minoa
or this local law.
C.
Civil penalties. In addition or as an alternative to those penalties prescribed by the Code of Minoa, Chapter 113, and by New York State law, any person who violates any provision of the Uniform Code, the Energy Code, the Code of Minoa or this local law, or any term or condition of any building permit, temporary or final certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Codes Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $250 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 Village. The foregoing notwithstanding, no such additional or alternative penalty shall be imposed for the same specific violation and date of violation a penalty was previously imposed for.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Village, 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,
the Code of Minoa, this local law, or any term or condition of any
building permit, temporary or final certificate of occupancy/certificate
of compliance, temporary certificate, stop-work order, business/operating
permit, compliance order, or other notice or order issued by the Codes
Enforcement Officer pursuant to any provision of this local law. 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, the Code of Minoa, this local law,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code, the Code of Minoa or this local
law, an action or proceeding may be commenced in the name of this
Village, 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 Mayor
or Village Board of Trustees.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of; the other remedies or penalties specified in this section, in § 51-6, stop-work orders, of this local law, in any other section of this local law, 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 § 51-6, stop-work orders, of this local law, in any other section of this local law, 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. The foregoing notwithstanding, no such additional or alternative penalty shall be imposed for the same specific violation and date of violation a penalty was previously imposed for.
A fee schedule applicable to the provisions hereof shall be established by resolution or resolutions duly adopted from time to time by the Village Board. The fee schedule presently in effect, as of the effective date of this local law, shall be the fee schedule applicable to the items contained therein until such time as amended in the manner aforementioned. Such fee schedule may thereafter be further 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, temporary or final certificates of occupancy/certificates of compliance, business/operating permits, firesafety and property maintenance inspections, and/or other actions of the Codes Enforcement Officer, inspectors or any consultants retained by the Village, including the Village Attorney and/or Engineer as described in, delegated to or as otherwise contemplated by this local law. The Village Board shall have authority to modify the fee schedule as pertains to a specific case or cases, or use or class(es) of use(s), based upon an investigation and report by the Codes Enforcement Officer as to the additional work or complexity of work above and beyond the usual and customary services performed for such fee; provided, however, that except in extraordinary circumstances requiring immediate action by the Codes Enforcement Officer, the Board of Trustees and any other interested parties shall be given not less than 10 days prior written notice containing the Codes Enforcement Officer's investigation report and request that additional or increased fees are warranted, and that all such persons have an opportunity to be heard on the issue at the next following Village Board meeting and prior to any such determination. Notice shall be given in the manner provided for at § 51-23 hereof.
The Village Board may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name
of this Village, with other governments to carry out the terms of
this local law, 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.
If any section of this local law shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this local law. Furthermore, in such event, any trier
of fact, law, arbitrator or other officer charged with enforcement
or interpretation of this local law shall, where and whenever possible,
strive to modify, and accordingly interpret and enforce such section
or provision held unconstitutional, invalid, or ineffective as a provision
or section which as modified comes closest to the intent of such unconstitutional
invalid or ineffective section or provision without being unconstitutional,
invalid or ineffective.
A.
Discretionary relief. Certain requirements under this Chapter 51 have been mandated for adoption by the State of New York, and accordingly, are deemed minimum standards for which relief may not be granted. Other provisions hereof, included those incorporating by reference other sections of the Code of Minoa, have been adopted as continuations of existing Code of Minoa provisions, or as a result of recommendations by Village Board members, the Village Engineer, Codes Enforcement Officer and/or Village Attorney, as well as by and from the Village of Minoa's past experiences with development, construction, and the use and occupation of dwellings, buildings and other lands and structures located within the Village. Accordingly, as to such provisions which are not uniform mandatory minimum standards required by New York State, the Board of Trustees of the Village of Minoa, after consultation with the Codes Enforcement Officer, shall have authority, in its discretion, to waive or modify such requirements to a lesser standard provided such relief is granted on an equal or equitable basis for all situations and circumstances similarly situate, and given the totality of circumstances relating to a particular case (such as a person(s), developer's, builder's or other applicant's past or present acts or omissions relative to the project or other or past projects within the Village). The Village Board shall have the authority to follow or decline to follow the Codes Enforcement Officer's recommendation, if any, or as applicable, to refer same to another Village deliberative body (Planning or Zoning Appeals) for recommendation or for a hearing or the request for relief where such other body has jurisdiction pursuant to the Code of Minoa or New York State law. The standard to be applied in all such cases shall be whether or not the relief (modification or waiver) sought is appropriate and reasonable under the circumstances such that the objectives of this Code of Minoa, Chapter 51 (and provisions incorporated hereunder) as it relates to the subject matter of the request for relief can still be achieved notwithstanding the waiver, modification, or other relief from application or enforcement of such provisions. The Village Board or other body shall be entitled to consider the past or present conduct of the person, builder/developer or other applicant in granting any such relief, and shall otherwise ensure that any such waivers, modifications, or similar relief is granted on an equal or equitable basis to all applicants similarly situate. Any request for relief shall be made within 60 days of the decision from which relief is sought was made. The Village Board or other body shall hear the request and make its decision within 60 days from the date of the request for relief. The request for relief shall be made in written form and shall include the submission of all documentary evidence which the applicant is relying upon.
B.
Mandatory relief. Wherever any existing or amended
federal and state law or regulation is specifically and clearly intended
to, as a matter of law, supersede or pre-empt any subject matter or
field covered hereunder, including with respect to the requirements
of and for building permits, certificates of occupancy, compliance,
investigations and inspections and the like, the same shall be deemed
to automatically supersede and predominate the specific provisions
or subject matter hereunder and, as such, shall be deemed a grant
of relief (waiver or modification) effective from the commencement
of work, the application for permit, issuance of a violation or stop-work
order or similar event or occurrence. For such provision to be effective,
the Codes Enforcement Officer and Village Clerk shall be provided
conclusive written documentation as to such superseding or preempting
other federal and state laws and regulations.
The intent of this Chapter 51 as enacted by this Local Law No. 1 of 2007 is to enact provisions under the amendments to the Uniform Code and Energy Code to be mandated and required by the Village of Minoa as minimum standards, to incorporate in such amended provisions those additional provisions presently existing under Code of Minoa, Chapter 51 and related sections which are not superseded by and which mandate higher standards than those required by the foregoing New York State enactments and to add new provisions intended to assist in the enforcement and administration of Chapter 51 as amended hereby. As such, the administration and enforcement of Code of Minoa, Chapter 51, as amended, other Code of Minoa sections incorporated hereunder, and other applicable laws incorporated herein and the costs and expenses incurred in enforcement and administration of same should not, where reasonably possible, as determined by the Village Board of Trustees, be incurred by residents of the Village, but where appropriate and capable of determination, should be incurred by the person(s) owning the premises subject of the administration and/or enforcement actions, or of the actions or proceedings, administrative, legal, equitable or otherwise, including any internal administrative costs and outside or internal contracting or demolition costs incurred by the Village. Such costs and expenses shall be clearly and accurately documented as pertaining to a particular administration and enforcement matter hereunder. Accordingly, it shall be the policy of the Village to require the collection of fees and penalties and such costs incurred from the responsible persons wherever possible in advance of or prior to the performance or issuance of any permits, approvals, inspections, consents, waivers, modifications, releases from suspensions, stop-work orders, and the like. Otherwise, in the event of nonpayment, the person who is owner of the subject premises, whether having actual knowledge or not, shall together and severally with any person(s) responsible for the violation hereof, be liable for the payment of all such fees, penalties and incidental expenses not later than 15 days from written request for same for the Village pursuant to notice given in the manner required hereunder at § 51-23 at the address(es) listed on the Village tax assessment records and any building or other permit application. Failing such payment, the Village Treasurer shall ensure that all such costs and fees are placed on the next following Village tax bill and shall thereafter forward all necessary documentation to the County of Onondaga if such costs or part thereof remain unpaid as part of its annual notice of unpaid taxes to the County of Onondaga. All such fees, penalties, administrative, consultants, legal, engineering, demolition, contractors, construction and internal administrative costs (including relative to such enforcement proceedings) reasonably ascertainable and documented to the subject property shall be included in such charges.
A.
Contents of notice. Any notice hereunder to a person
or otherwise pertaining to certain property shall contain:
B.
Service of Notice. Except in the event of any emergency,
the date of any hearing or other action contemplated by the notice
shall be scheduled not less than five days after the date of service
of the notice. The notice shall be served:
(1)
By personal service of a copy thereof upon the owner,
executor, administrator, agent or any person having a vested or contingent
interest in such property upon which the condition exists, as such
owner or other person is shown on the assessment/tax billing or building
permit application records of the Village.
(2)
If no such person can reasonably be found, by mailing
to such owner by certified mail a copy of such notice directed to
his last known address as shown by the above records. And a copy of
such notice being fixed or set upon the subject building, structure,
if applicable, or property; and
(3)
By personal service of a copy of such notice upon
any adult person known to be residing in or occupying said premises
(if a dwelling), provided such person can be reasonably found.
