[HISTORY: Adopted by the Town Board of the
Town of Monroe 1-9-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 23,
Building Construction Administration, adopted 9-19-2022 by L.L. No.
7-2022, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering fifty
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.
The Building Inspector appointed pursuant to § 23-2B of this chapter.
A building permit, construction permit, demolition 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.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
A document issued by the Town certifying that the building
or structure, or portion thereof, complies 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, is
in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 23-2B of this chapter.
The Code Enforcement Officer and all Inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225, and as hereinafter amended from
time to time.
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.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An Inspector appointed pursuant to § 23-2B of this chapter.
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.
A permit issued pursuant to § 23-32A of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 23-27A of this chapter.
The person to whom a building permit has been issued.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226, and as hereinafter
amended from time to time.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220, and as hereinafter
amended from time to time.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 23-6 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 § 23-22C of this chapter.
The Town of Monroe.
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.
A.Â
There is hereby established in the Town of Monroe a department to
be designated as the Building Department/Office of Code Enforcement
for the administration and enforcement of the provisions of all laws,
ordinances, rules, regulations and orders applicable to the location,
design, materials, construction, alteration, repair, equipment, maintenance,
use, occupancy, removal and demolition of buildings and structures
and their appurtenances located in the town, exclusive of the Villages
of Harriman and Monroe.
B.Â
The Building Department shall be headed by a Town official designated
as the Town Building Inspector/Code Enforcement Officer, hereinafter
referred to as "Building Inspector."
A.Â
The Building Inspector shall be a person who shall have had at least
two years experience as a licensed professional engineer or architect,
building inspector, building contractor or supervisor of building
construction.
B.Â
The Building Inspector shall obtain basic training, in-service training,
advanced in-service training, and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer and shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promolugated thereunder.
C.Â
The Building Inspector shall be appointed by the Town Board and serve
at the pleasure of the Board at a compensation to be fixed by the
Board.
A.Â
The Building Inspector, with the consent of the Town Board, may appoint
one or more Assistant Building Inspectors, as the need may appear,
to serve at the pleasure of the Board and to exercise, pursuant to
the provisions of this chapter, any or all of the duties of the Building
Inspector. The compensation of such Assistant Building Inspectors
shall be fixed by the Town Board.
B.Â
The Assistant Building Inspector shall be a person who has had at
least one year of practical experience in the design or construction
of buildings or in the design, construction or installation of plumbing,
heating or electrical equipment. The Assistant Building Inspector
shall obtain basic training, in-service training, advanced in-service
training, and other training as the State may require and shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promolugated thereunder.
The Building Inspector may appoint such other employees as may
be authorized from time to time by the Town Board to carry out the
functions of the Building Department.
In the absence of the Building Inspector or in the case of his
inability to act for any reason, the Supervisor shall have the power,
with the consent of the Town Board, to designate a person to act in
his behalf and to exercise all of the powers conferred upon him by
this chapter.
No officer or employee of the Building Department shall engage
in any activity inconsistent with duties of the position or with the
interests of the Building Department; nor shall be, during the term
of employment, be engaged directly or indirectly in any building business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the said territory, excepting only
that this provision shall not prohibit any officer or employee from
such activities in connection with the construction of a building
or structure owned by the officer or employee.
No official or employee of the Building Department shall, while
acting pursuant to the provisions of this chapter, be personally liable
for any damage that may accrue to persons or property as the result
of any act required or permitted in the discharge of the official
duties of the position, provided that such acts are performed in good
faith and without gross negligence.
A.Â
The Building Inspector shall have all of the powers relating to the
administration and enforcement of the Uniform Code, the Energy Code,
and this chapter as hereafter amended.
B.Â
Except as otherwise specifically provided by law, ordinance or regulation,
or except as herein otherwise provided, the Building Inspector shall
administer and enforce all of the provisions of laws, ordinances and
regulations applicable to the construction, alteration, repair, removal
and demolition of buildings and structures, and the installation and
use of materials and equipment therein, and the location, use, occupancy
and maintenance thereof.
C.Â
The Building Inspector shall receive and review applications and
issue permits for the erection, alteration, removal and demolition
of buildings or structures or parts thereof, shall include such terms
and conditions as may be determined to be appropriate, and shall conduct
inspections of the premises for which such applications have been
received or such permits have been issued for the purpose of ensuring
compliance with laws, ordinances and regulations governing building
construction.
D.Â
The Building Inspector shall issue all appropriate notices or orders
to remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. The Building Inspector shall make all inspections which
are necessary or proper for the carrying out of the duties of the
position, except that the Building Inspector may accept written reports
of inspection from Assistant Building Inspectors or other employees
of the Department of Buildings or from generally recognized and authoritative
service and inspection agencies, provided that the same are certified
by a responsible official thereof.
E.Â
The Building Inspector is authorized to issue stop orders.
F.Â
The Building Inspector is authorized to review and investigate complaints.
G.Â
The Building Inspector is authorized to collect fees as set by the
Town Board.
H.Â
The Building Inspector is authorized to pursue legal actions and
proceedings as may be necessary to enforce this chapter, except that
any legal action to be pursued in the State Supreme or federal courts
shall be initiated only upon approval of the Town Board.
I.Â
The Building Inspector is authorized to exercise all other powers
and fulfill all other duties conferred by this chapter.
J.Â
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, the Building Inspector may require
the performance of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies.
A.Â
The Building Inspector shall keep permanent official records of all
transactions and activities of the Building Department, including:
(1)Â
Applications received;
(2)Â
Permits and certificates issued;
(3)Â
Fees charged and collected;
(4)Â
Inspection reports and notices and orders issued;
(5)Â
Plans, specifications and construction documents approved;
(6)Â
Complaints received;
(7)Â
Investigations conducted;
(8)Â
Condition assessment reports received.
B.Â
All such records shall be public records open to public inspection
during business hours, except as to any portions of such records that
may be exempt from disclosure under law.
C.Â
The Building Inspector shall, monthly, submit to the Town Board a
written report and summary of all business conducted by the Building
Department, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending. The Building Inspector shall also submit an
annual report related to administration and enforcement of the Uniform
Code, on behalf of the Town on a form prescribed by the Secretary
of State, to the Secretary of State.
D.Â
The Building Inspector shall upon request of the New York State Department
of State provide to the New York State Department of State from the
records and related materials this Town is required to maintain, excerpts,
summaries, tabulations, statistics and other information and accounts
of the activities of this Town in connection with administration and
enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his or her duties, the assistance
and cooperation of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.Â
No person, firm, corporation or association shall commence or cause
to be commenced the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion, relocation, or change
in the nature of the occupancy of any building or structure nor shall
any person, firm, corporation or association do any earth work, such
as excavating, filling, blasting, changing the grade of any land or
altering the course or bed of any natural water body, or cause the
same to be done in preparation for such erection, construction, enlargement,
alteration, improvement or conversion of any building or structure
or for any accessory use to service such building or structure, such
as parking facilities, without first obtaining a separate building
permit from the Building Department for each such building or structure.
No building permit shall be required for the performance of ordinary
repairs as set forth herein, which are not structural in nature.
C.Â
No person, firm, corporation or association shall install a solid
fuel burning heating appliance, chimney or flue in any dwelling unit
without first obtaining a building permit from the Building Department.
D.Â
No person, firm, corporation or association shall commence or cause
to be commenced any earth work or earthmoving activities whatsoever,
such as excavation, clearing, stripping, filling, grading or removal,
in preparation for any use of the land different than its current
use without first obtaining approval of the Building Department to
do so.
E.Â
In the event that any of the activities set forth in Subsections A and D result in or will result in significant impact on surrounding property lots or change to the existing lot(s), including increased drainage runoff, soil erosion or grade change in excess of 10% overall, the Building Department shall, in its discretion:
F.Â
Application for a building permit shall be made, in writing, to the
Building Inspector on forms provided by the Building Department and
shall contain the following information:
(1)Â
A description of the land including the tax map number and street
address on which the proposed work is to be done.
(2)Â
A statement of the use or occupancy of all parts of the land and
of the building or structure.
(3)Â
Where applicable, a statement of special instructions prepared in
accordance with the provisions of the Uniform Code.
(4)Â
The valuation of the proposed work.
(5)Â
The full name and address of the owner and of the applicant and the
names and addresses of their responsible officers if any of them are
corporations.
(6)Â
A brief description of the nature of the proposed work and whether
it is to be performed after competitive bidding or otherwise.
(7)Â
A duplicate set of plans and specifications as set forth in Subsection I of this section in every case where the improvement is to be performed after competitive bids; otherwise, a duplicate set of plans and specifications procured or prepared by the building contractor who is to perform the work, by agreement with the owner or for his own account on property owned by him, which are deemed sufficient by the Building Inspector.
(8)Â
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations, including
the State Building Construction Code.
G.Â
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection I of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Department Personnel. Work shall not be commenced until and unless a building permit is issued.
H.Â
Applications shall be made by the owner or lessee or agent of either
or by the architect, engineer or builder employed in connection with
the proposed work. Where such application is made by a person other
than the owner, it shall be accompanied by an affidavit of the owner
or applicant that the proposed work is authorized by the owner and
that the applicant is authorized to make such application. The application
shall be signed by the owner of the property where the work is to
be performed or by an authorized agent of the owner.
I.Â
Each application for a building permit shall be accompanied by at
least two copies of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed new
construction and all existing structures on the site, the nature and
character of the work to be performed and the materials to be incorporated,
distance from lot lines, the location of any existing or proposed
well or septic system, and, where required by the Building Inspector,
details of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings. The Building Inspector may waive the requirement for
filing plans. Each application shall substantiate that the proposed
work will comply with the Uniform Code, the Energy Code, and the Town
Code.
J.Â
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector.
A.Â
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. The Building Inspector shall approve or disapprove
the application within a reasonable time.
B.Â
Upon approval of the application and upon receipt of the legal fees
therefor, the Building Inspector shall issue a building permit to
the applicant upon the form prescribed by the Town and shall affix
his or her signature or cause it to be affixed thereto.
C.Â
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of such approved
plans and specifications shall be retained in the files of the Department
of Buildings and the other set shall be returned to the applicant,
together with the building permit, and shall be kept at the building
site open to inspection by the Building Inspector or an authorized
representative at all reasonable times.
D.Â
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations
and Town Code, the Building Inspector shall disapprove the same and
shall cause such refusal, together with the reasons therefore, to
be transmitted to the applicant, in writing.
E.Â
The Building Inspector is authorized to determine if an application
is complete and shall not be required to accept or process an application
determined to be incomplete.
A.Â
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of 12 months after the date of its
issuance. For good cause, the Building Inspector may allow a maximum
of two extensions for periods not exceeding six months each. No building
permit approval shall be granted extension beyond two years from the
first date of its issuance. An application for an extension must include
the payment of an application fee.
B.Â
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approval
application, plans and specifications, except that no building permit
shall be valid insofar as it authorizes the performance of work or
the use of materials which are not in accordance with the requirements
of the applicable building regulations.
A.Â
For each permit, the applicant shall pay a fee to the Town in an
amount determined by the Town Board.
B.Â
If no permit is issued, the applicant shall be entitled to a refund
of 50% of the fee paid, provided that no construction has commenced
and has not exceeded six months from the date of application.
C.Â
Upon completion of the work, if determined by the Building Inspector,
for which a permit has been issued and prior to the issuance of a
certificate of occupancy as hereinafter provided, the applicant for
such permit shall submit to the Building Inspector a sworn statement
setting forth the true and correct cost of such work, and in the event
the cost as set forth in such statement exceeds the estimated cost,
the permit fees shall be recomputed in accordance with the schedule
of fees hereinbefore provided and the deficiency paid to the Town.
A.Â
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.Â
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)Â
Fire resistant construction;
(7)Â
Fire resistant penetrations;
(8)Â
Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9)Â
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)Â
Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
(11)Â
A final inspection after all work authorized by the building
permit has been completed.
C.Â
Remote inspections. At the discretion of the Building Inspector or
Inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Building Inspector or such authorized Inspector,
the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the
satisfaction of the Building Inspector or by such authorized Inspector
that the elements of the construction process conform with the applicable
requirements of the Uniform Code and Energy Code. Should a remote
inspection not afford the Building Inspector or such authorized Inspector
sufficient information to make a determination, an in-person inspection
shall be performed.
D.Â
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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
The Building Inspector may revoke or suspend a building permit
previously issued in the following instances:
A.Â
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B.Â
Where he finds that the building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or the work for
which the building permit was issued violates the Uniform Code, Energy
Code, or the Town Code and should not have been issued in accordance
with the applicable law.
C.Â
Where he finds that the work performed under the building permit
is not being completed in accordance with the provisions of the application,
plans or specifications.
D.Â
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
E.Â
A building permit shall be suspended until such time as the permit
holder demonstrates that all work is in compliance with applicable
law and all work to be performed will be in compliance with applicable
law.
F.Â
Where violations are observed on the same parcel that is the subject
of the building permit and such conditions remain uncorrected after
30 days, regardless of whether such violations are related to the
purposes for which the building permit was issued.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being performed in violation
of the provisions of the applicable building laws, ordinances or regulations,
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued,
or in an unsafe and dangerous manner, the Building Inspector shall
notify the owner of the property, or the owner's agent, or the
person performing the work, to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
Any employee of the Building Department, upon the showing of
proper credentials and in the discharge of the employee's duties,
may enter upon any building, structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
A.Â
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)Â
The building permit number, if any;
(2)Â
The date of issuance of the building permit, if any;
(3)Â
The name, address and tax map number of the property;
(4)Â
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)Â
The use and occupancy classification of the structure;
(6)Â
The type of construction of the structure;
(7)Â
The assembly occupant load of the structure, if any;
(8)Â
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)Â
The signature of the Building Inspector issuing the certificate
of occupancy and the date of issuance.
B.Â
No building hereafter erected shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Building Inspector.
C.Â
No building hereafter enlarged, extended or altered, or upon which
work has been performed which required the issuance of a building
permit, shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work, unless a certificate
of occupancy shall have been issued by the Building Inspector.
D.Â
No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy shall have been issued
by the Building Inspector.
A.Â
Before issuing a certificate of occupancy, the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and the Building Inspector may conduct such inspections
as the Building Inspector deems appropriate from time to time during
and upon completion of the work for which a building permit has been
issued.
B.Â
There shall be maintained in the Building Department a record of
all such examinations and inspections, together with a record of findings
of violations of the law.
A.Â
The Building Inspector or his designee shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy.
When, after final inspection, it is found that the proposed work has
been completed in accordance with the applicable building laws including
the Uniform Code, the Energy Code, and the Town Code, ordinances and
regulations, and also in accordance with the application, plans and
specifications filed in connection with the issuance of the building
permit, and all required fees have been paid to the Town, the Building
Inspector shall issue a certificate of occupancy upon the form provided
by him. In addition, where applicable, the following documents, prepared
in accordance with the provisions of the Uniform Code by such person
or persons as may be designated by or otherwise acceptable to the
Building Inspector, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Building Inspector prior to
issuance of the certificate of occupancy:
(1)Â
A written statement of structural observations and/or a final report
of special inspections; and
(2)Â
Flood hazard certifications.
|
If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations.
|
B.Â
The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy are in conformity
with the provisions of the applicable building laws, ordinances and
regulations and shall specify the use or uses and the extent thereof
to which the building or structure or its several parts may be put.
C.Â
Temporary certificate. The Building Inspector shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Building Inspector issue a temporary certificate
unless the Building Inspector determines (1) that the building or
structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, (2) 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 Building Inspector may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time not to exceed six months, which shall be determined
by the Building Inspector and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
D.Â
Revocation or suspension of certificates. If the Building Inspector
determines that a certificate of occupancy or a temporary certificate
was issued in error because of incorrect, inaccurate or incomplete
information, and if the relevant deficiencies are not corrected to
the satisfaction of the Building Inspector within such period of time
as shall be specified by the Building Inspector, the Building Inspector
shall revoke or suspend such certificate.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
A.Â
Purpose. Unsafe buildings pose a threat to life and property in the
Town of Monroe. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building, including but not limited to buildings not maintained structurally;
or which are under construction and which the construction stops for
a period of time which makes the building unsafe; which are abandoned
may also serve as a place of rodent or other animal infestation, thereby
creating a health menace to the community. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. Buildings which are structurally
unsafe and/or unfinished present a dangerous, unhealthy and unsightly
condition which the health, safety, and welfare powers of the municipal
government authorize the Town (but do not require the Town) to remedy.
It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property in the Town
of Monroe by requiring such unsafe buildings to be repaired or demolished
and removed.
B.Â
BUILDING
PORTION OF BUILDING OR STRUCTURE
UNSAFE BUILDING OR STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous
or unsafe to the public.
Is open at the doorways or windows or walls or roof, making
it accessible to and an object of attraction to minors under 18 years
of age, as well as to wild animals, vagrants and other trespassers.
Is or may become a place of rodent or other animal infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and
general welfare of the public.
Is unfit for the purposes for which it may lawfully be used.
C.Â
Prohibited acts. It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Monroe to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 23-24B of this chapter.
D.Â
Investigation and report. When, in the opinion of the Building Inspector or Town Engineer (or both), any building or structure located in the Town of Monroe shall be deemed to be an unsafe building or structure to the public as defined in § 23-24B, the Building Inspector or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board of his findings and recommendations in regard to the building's or structure's removal or repair.
E.Â
Action of Town Board upon receipt of report. The Town Board shall,
upon receipt of the report, meet to consider the same and shall cause
the same to be transmitted to the property owner. The transmittal
notice shall include:
(1)Â
The name of the owner or person in possession as appears from the
tax and deed records.
(2)Â
A brief description of the premises and its location.
(3)Â
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
(4)Â
The recommendations of the Building Inspector or Town Engineer (or
both) in regard to the building or structure's removal or repair.
(5)Â
That a hearing shall be held before the Town Board on the same, at
which hearing the owner, occupant or other person having an interest
in said premises shall have the right to contest the report of the
Town Engineer or Building Inspector.
(6)Â
That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and/or
fail to comply with the same, the Town Board may, upon the conclusion
of the hearing, order the repair or removal of such building or structure
by the town and that the town will assess all costs and expenses,
including but not limited to legal and engineering expenses, incurred
in such repair or removal against the land on which such building
or structure is located or will institute a special proceeding against
the owner to collect the cost of repair or removal, including all
legal and engineering expenses incurred in connection therewith.
F.Â
Contents of hearing notice and hearing procedure.
(1)Â
The hearing set by the Town Board pursuant to § 23-24E(5), above, shall be upon at least five days notice. The Town Board shall attempt to cause one or more persons in the County of Orange having an interest in the building or structure to be served personally with the hearing notice. If after three attempts to personally serve an owner or person having an interest in the building, such service has not been successful, or if all persons known to have an interest in the building or structure appear not to be residents of the County of Orange after investigation by staff directed by the Town Supervisor to undertake such a review, a notice of the hearing shall be posted on the door of other suitable location of the building or structure which shall be plainly visible and shall be sent by first class and certified mail, return receipt requested to the owner or one of the owners, executors, legal representatives, agents, lessees or other person having a vested interest in the premises as shown on the town tax records. If the Town tax bill is also sent to a mortgagee, the Town may, but shall not be required to cause such notice to be sent to such mortgagee. If personal service (delivered personally to one or more persons who appear as the record owner or owners of the property) was not accomplished, a notice of hearing shall also be published in the official newspaper of the Town.
(2)Â
At such hearing, the Building Inspector or his or her assistant,
or the Town Engineer, or both or all, shall discuss the report with
the Town Board and make a recommendation to remediate the dangerous
and unsafe condition. Thereafter, the property owner may be heard
personally or by counsel and provide such testimony or evidence as
he or she shall deem warranted, including but not limited to testimony
from a contractor or engineer. The formal rules of evidence under
the CPLR shall not apply.
(3)Â
The Town Board may adjourn the hearing until a later date or close
the hearing to oral testimony and allow the submission or written
statements until a date specified in the Town Boards resolution closing
the hearing from oral testimony. Likewise, if the Town Board is satisfied
that the property owner has had opportunity to present evidence, the
Town Board may close the hearing for testimony and render an order.
(4)Â
Upon the failure of the property owner or his/her/its representative
to appear and contest the evidence, the testimony of the Building
Inspector or Town Engineer may be deemed, by the Town Board, as established.
G.Â
Issuance of order and service and filing of order.
(1)Â
Issuance of order.
(a)Â
Upon the conclusion of the hearing and receipt of any written
testimony prior to a date authorized for receipt of same by the Town
Board, the Town Board shall issue an order:
(b)Â
Such order shall require the property owner to commence such
improvements to the building or structure or demolish the building
or structure within 30 days and to be completed within 60 days unless
the start or completion dates should be modified for good cause shown
(such as imminent threat or anticipated seasonal change which would
make the work's completion unlikely).
(2)Â
Service of order.
(a)Â
A copy of said order shall be personally served upon the owner
or some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as
shown on the Town tax records or in the records in the Orange County
Clerk's office. Alternatively, if one or more of the owners of
the property appeared by counsel, service shall be permitted by certified
mail to such counsel.
(b)Â
If no such person (owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises
as shown on the town tax records) can be reasonably found for personal
service (after the Town having made three attempts to do so within
the County of Orange), then a copy of said notice shall be mailed
to such person by registered mail addressed to his last known address,
as shown on said records, and by securely affixing a copy of said
notice upon said building or structure.
(c)Â
In addition to either Subsection G(2)(a) or (b) immediately above, a copy of said notice shall be filed in the Orange County Clerk's office, which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. The notice so filed shall be effective for a period of one year from the date of filing and may be extended by the town for an additional period of one year thereafter upon the filing with the Orange County Clerk of a duly verified extension of notice which shall provide for extension thereof and refer to the name and address of the person against whom the notice was served, the date the original notice was filed and a statement that the Town elects to extend the effectiveness of said notice pursuant to this section of the Town Code. Such notice may be vacated only upon an order of a judge or justice of a court of record and of competent jurisdiction upon grounds sufficient to cancel a notice of pendency pursuant to § 6514 of the Civil Practice Law and Rules.
H.Â
Future of property owner/agent to act. If, after an order is transmitted pursuant to § 23-24G of this section, such order is not complied with, the Town Board may provide that such building or structure be made safe and secure or removed and demolished by town employees or by independent contractors. Except in emergency cases as herein provided, any contract for repair or demolishing and removal of a building or structure in excess of $20,000 shall be awarded through competitive bidding.
(1)Â
Assessment of expenses. All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building
and all reasonable and necessary legal expenses incidental thereto,
shall, at the option of the Town Board, either:
(a)Â
Be assessed against the land on which such building is located
and shall be levied and collected in the same manner as provided in
Article 15 of the Town Law for the levy and collection of a special
ad valorem levy; or
(b)Â
Be collected by commencement of a special proceeding against
the owner of said unsafe or dangerous building or structure pursuant
to General Municipal Law § 78-b.
(2)Â
Hearing on assessment of expenses.
(a)Â
In the event that the Town takes any action as provided in this
chapter which results in the incurring of any expenses and the Town
Board seeks to assess such expenses against the land on which the
building is located, the Town Board shall conduct a public hearing
as to the amount of such expenses.
(b)Â
Prior to the hearing, the Town shall cause to be served upon
the owner a notice which shall contain in sum and substance the following
statements:
[1]Â
The name of the owner against whose property an assessment of
expenses is being sought;
[2]Â
A brief description of the premises and its location;
[3]Â
That the Town Board has previously issued an order directing
the owner of the premises to complete the work specified therein;
[4]Â
That the work was not completed as requested by the order;
[5]Â
That the Town took action in order to make the building or structure
safe and secure or removed and demolished;
[6]Â
That the Town incurred expenses (in an amount to be specified
in the notice) as a result;
[7]Â
That the Town is seeking to assess said expenses against the
land on which such building or structure is or was located;
[8]Â
The date, time and place of the hearing to be held before the
Town Board, at which time the owner or his representative or agent
shall have the right to contest the amount of expenses to be assessed
or collected;
[9]Â
That in the event that such owner or his representative or agent
shall fail to appear and/or fail to successfully contest such expenses,
the Town Board shall levy such expenses against the land described
in the notice and shall collect them in the same manner as provided
in Article 15 of the Town Law for the levy and collection of a special
ad valorem levy;
(3)Â
Service of the notice required by § 23-24H shall be made by regular first class and certified mail, return receipt requested, to the record owner of the property as shown on the Town of Monroe assessment office; and on any person appearing on behalf of the property owner during any hearing occurring under this section; and at the option of the Town Board, personally on any property owner or tenant of the property appearing to be over the age of 18.
I.Â
Emergencies. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition, at the option of the Town Board, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 23-24H(2)(a) hereof or shall be the subject of a special proceeding as provided in § 23-24H(2)(b) hereof.
J.Â
Statutory authorization. This section is promulgated pursuant to
the authority contained in Municipal Home Rule Law § 10,
Subdivision 1(ii)a(12) and d(3).
A.Â
The Building Inspector shall review and investigate complaints submitted
in writing which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance, or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding for a complaint shall include the following steps:
(1)Â
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)Â
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 this chapter;
(3)Â
If appropriate, issuing a stop order;
(4)Â
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.
Pursuant to New York State General Municipal Law, Article 5-G,
the Town Board may, by resolution, authorize the Town Supervisor to
enter into an agreement in the name of the Town with other governments
to carry out the terms of this chapter, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
A.Â
Order to remedy. The Building Inspector is authorized to order in
writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or the Town Code. An order to
remedy shall be in writing; shall be dated and signed by the Building
Inspector or his designee; shall specify the condition or activity
that violates the Uniform Code, the Energy Code, or the Town Code;
shall specify the provision or provisions of the Uniform Code, the
Energy Code, or the Town Code which is/are violated by the specified
condition or activity; and shall include the following statement:
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by __________, which is 30 calendar days after the date of this order
to remedy."
(1)Â
The order to remedy may include provisions ordering the person served
with such order to remedy (1) to begin to remedy the violations described
in the order to remedy immediately, or within some other specified
period of time which may be less than 30 days; to continue diligently
to remedy such violations until each such violation is fully remedied;
and, in any event, to complete the remedying of all such violations
within 30 days of the date of such order to remedy; and/or (2) to
take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Building Inspector may deem
appropriate, during the period while such violation are being remedied.
(2)Â
The Building Inspector shall cause the order to remedy, or a copy
thereof, to be served on the owner of the affected property personally
or by registered mail or certified mail within five days of the date
of the order to remedy. For the purposes of this section: (1) if an
order to remedy is served personally by any authorized means that
requires more than one action by the person effecting service [such
as service by "delivery and mail" similar to that authorized by CPLR
§ 308(2)], the order to remedy shall be deemed to be served
on the date on which the last required action is taken; and (2) an
order to remedy served by certified or registered mail shall be deemed
to be served on the date it is mailed.
(3)Â
The Building Inspector shall be permitted, but not required, to cause
the order to remedy, or a copy thereof, to be served on any owner
or the owner's agent or a person taking part or assisting in
work being performed at the affected property personally or by registered
mail or certified mail within five days of the date of the order to
remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.Â
The Code Enforcement shall be authorized to issue notices of violations,
to issue appearance tickets, to commence an action or proceeding pursuant
to Executive Law 382(2) and (3), to issue stop work orders, to revoke
or suspend building permits, operating permits, and/or certificates
of occupancy, to commence and prosecute an appropriate action or proceeding
to impose such criminal or civil sanctions as may be provided by law,
to condemn and/or place card a building in accordance with the Uniform
Code, to take any action authorized by the procedures for identifying
and addressing unsafe structures and equipment as established by law,
to issue order to remedy violations of the Energy Code.
A.Â
It shall be unlawful for any person to construct, alter, repair,
move, remove, demolish, equip, use, occupy or maintain any building
or structure or portion thereof in violation of any provision of this
chapter or to fail in any manner to comply with a notice, directive
or order of the Building Inspector or to construct, alter or use and
occupy any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy or temporary
certificate.
B.Â
Any person who shall fail to comply with a written order of the Building
Department within the time fixed for compliance therewith, and any
owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in the construction or use of any building, who shall knowingly
violate any of the applicable provisions of this chapter or any lawful
order, notice, directive, permit or certificate of the Building Department
made thereunder, shall be punishable by a fine of not more than $1,000
per day of violation. Each day that a violation continues shall be
deemed a separate offense.
C.Â
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, if any person convicted thereof.
D.Â
This section shall not apply to violations of the provisions of the
State Building Construction Code punishable under § 385
of the Executive Law of the State of New York, nor to violations of
the provisions of the Multiple Residence Law punishable under § 304
of the Multiple Residence Law of the State of New York.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies may be brought independently
and shall be in addition to the penalties prescribed in the preceding
section.
A.Â
Legislative findings and intent. The Town Board ("Board") of the
Incorporated Town of Monroe, New York ("Town"), hereby finds that
there is a critical and compelling need, in the public interests as
set forth herein, to provide for full and fair disclosure of all entities
making land use applications before the Town to the extent possible
to ensure that any and all potential conflicts of interest or other
ethical concerns are properly disclosed and addressed by any and all
affected parties. The Town finds and declares that there is no existing
law that preempts the adoption of this section so that the public
interests in open and transparent government and land use applications
can be promoted by enactment of this section to require all land use
applicants to supply information as to all limited and general members,
shareholders, officers and directors or any other persons having control
over such entity who applies for approval from the Town for any unincorporated
areas within the Town. The Town Board further finds and declares:
(1)Â
The Town Board finds that in connection with development or potential
development in the unincorporated portions of the Town that land use
applications may have a significant impact upon the health, safety
and general welfare of the Town, its inhabitants and visitors, and
upon existing uses, public services, traffic and the environment,
in general.
(2)Â
The Town Board further finds that under these circumstances the Town
Board is required to be certain that anyone with any interest or controlling
position of any limited liability company, partnership, limited partnership,
joint venture, doing business name, corporation or association (hereinafter
referred to as the "entity") who applies for any land use approval
or permission from the Town must have no conflict of interest and
that the disclosure of any member, shareholder, director, officer,
beneficial owner, or authorized person (herein collectively the "nondisclosed
person") is required to be made in any land use application or request
for any approval from the Town to be certain that no conflict of interest
exists and without the disclosure of that nondisclosed person a meaningful
review of any conflict cannot take place.
(3)Â
Any "authorized person" as used herein shall mean a person, whether
or not a nondisclosed person who is authorized to act or otherwise
acts, solely or in conjunction with others, on behalf of an entity
or to direct, influence or otherwise control the entity in any manner.
B.Â
Disclosure requirement.
(1)Â
Every nondisclosed person for any entity applying for land use approvals
or permission to undertake any construction activity within the unincorporated
portion of the Town shall complete an entity disclosure statement
in the form approved by the Town Board from time to time by resolution
and provide all information required in said form. Said statement
shall be affirmed or sworn to under the penalty of perjury and shall
be filed along with any such land use application or request for permission
to undertake any construction activity within the Town.
(2)Â
In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property or transfer of the management or operation or both
of the entity to another entity, the transferring entity shall notify
the Town in writing, and any such succeeding entity must fully comply
with this section before any work or other activity on the project
shall be permitted to proceed, continue, or be completed.
(3)Â
Said entity disclosure statement shall apply to any land use approvals
or permission sought from the Building Inspector, the Town Board,
the Town Planning Board or the Town Zoning Board of Appeals. The Town
Board, Planning Board and Zoning Board of Appeals shall not process,
hear, rehear, approve or sign any new or pending preliminary or final
site plan, preliminary or final subdivision, special permit, variance
or other land use application or permit which relates directly, or
indirectly, to any construction activity, including but not limited
to any grading permit, erosion and sediment control permit, wetland
permit, sewer connection permit, floodplain development permit, water
connection permit, which may be granted in association with any construction
unless the application includes a fully completed entity disclosure
statement signed and either sworn to or affirmed and submitted with
said application to the respective Board.
(4)Â
An entity disclosure statement is not required for any of the following
activities:
(a)Â
Construction of a private garage, not in excess of 500 square
feet. Said building shall not be used for any other purpose than the
storage of automotive vehicles;
(b)Â
Construction of accessory structures, other than garages, not
in excess of 300 square feet;
(c)Â
Construction of outdoor decks, sidewalks, or porches;
(d)Â
Construction of outdoor swimming pools;
(e)Â
Installation of fences;
(f)Â
Interior or exterior remodeling of a single-family detached
residential dwelling in existence and with a valid certificate of
occupancy as of the effective date of this section, which does not
involve any change of use or increase the size of the building, including
but not limited to window replacement, door replacement, plumbing
improvements, new siding, removal of interior walls, and similar improvements;
(g)Â
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
(h)Â
Repair, involving the removal and installation of an individual
well or in-ground septic system, for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
section;
(i)Â
Construction of a private shed not exceeding 300 square feet;
or
(j)Â
Other minor improvements to dwellings or residential lots with
an existing certificate of occupancy, after the Building Inspector
has conferred with the Town Board, and the Town Board has rendered
a determination that the improvement falls within the scope and nature
of the exemptions listed herein.
C.Â
Penalties for offenses.
(1)Â
Where an entity or its representative(s) refuses or otherwise fails
to provide the information required under this section, the further
processing of such application and any work related thereto ("the
application") shall be suspended in all respects, until such time
as the board or official before which application is submitted or
pending determines that the entity has fully complied with all provisions
of this section. In the event of any form of transfer of the property
that is the subject of the application occurs or the ownership or
management or both of the project is transferred in any manner to
another entity during a pending suspension of the application under
this section, the application shall remain suspended until such time
as the succeeding entity shall appear before such board or official
before whom the application is pending and obtain approval for any
continued work in relation to the application in addition to compliance
with this section. The Building Inspector is authorized to and shall
issue a stop-work order on any project where an application has been
suspended under this section.
(2)Â
Any entity or authorized person or representative of an entity that provides no information or false information or grossly inaccurate information or otherwise makes any misrepresentation in any application shall, in addition to the suspension of any pending application as set forth in Subsection C(1) above, be subject to a civil penalty of 1% of the stated value of the applicant's project as reflected in its application or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this section. The Town Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process for a violation of this section.
(3)Â
Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the people of the State of New York against the
entity or any of its representatives in the Justice Court or County
Court for any offenses where the conduct committed may constitute
a violation of the New York State Penal Law or other criminal statutes.
(4)Â
Civil penalty. In addition to those penalties prescribed herein and
by state law, any person or entity that violates any provision of
this chapter shall be liable for all reasonable attorneys' fees,
costs, and disbursements incurred by the Town to recover this civil
penalty in any legal action instituted in the name of this Town. In
any such proceeding to collect a civil penalty or enforcement action,
the Town shall be entitled to collect interest, costs, and disbursements
incurred in connection with such proceeding and in addition reasonable
counsel fees or a charge to reimburse the Town for expenditures for
appraisers, accountants or other consultants employed by the Town.
D.Â
Application of law. This section shall apply to all land use applications
to and/or before the Building Inspector, Town Board, Planning Board
or Zoning Board of Appeals pending at the date of enactment of this
section. This legislative action by the Town Board is being adopted
by local law, using Municipal Home Rule Law procedures.
The chief of any fire department providing fire-fighting services
for a property located within the Town shall promptly notify the Building
Inspector/Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel burning appliance, chimney or gas vent.
A.Â
Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed in this subsection as follows:
(1)Â
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable maximum allowable quantity tables found in Chapter 50 of the FCNYS;
(2)Â
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)Â
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dusts;
(c)Â
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)Â
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e)Â
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(f)Â
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(g)Â
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet scrap tires or tire byproducts or operating a tire rebuilding plants;
(h)Â
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure; but an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i)Â
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)Â
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270;
(k)Â
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)Â
Section 308, "Open Flames." Removing paint with a torch, or
using open flames or candles in connection with assembly areas, dining
areas of restaurants, or drinking establishments; and
(m)Â
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle.
(3)Â
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4)Â
Buildings containing one or more areas of public assembly;
(5)Â
Outdoor assembly events where the planned attendance exceeds 1,000
persons;
(6)Â
Facilities that store, handle or use hazardous production materials;
and
(7)Â
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the authority
having jurisdiction.
B.Â
An authority having jurisdiction may exempt from the requirement for an operating permit the processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7), provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance and fire safety and property maintenance inspections are performed in accordance with this chapter.
C.Â
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A shall be required to obtain an operating permit prior to commencing such operation. An application, in writing on a form provided by or otherwise acceptable to the Building Inspector, for an operating permit shall contain sufficient information to enable a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required, at the expense of the applicant.
D.Â
An inspection of the premises shall be conducted by the Building
Inspector prior to the issuance of an operating permit. After inspection,
the premises shall be noted as satisfactory, or the operating permit
holder shall be notified as to the manner in which the premises fail
to comply with the Uniform Code, including a citation to the specific
code provision or provisions that have not been met.
E.Â
In the discretion of the Building Inspector, a single operating permit
may apply to more than one hazardous activity.
F.Â
Operating permits may remain in effect until reissued, renewed, or
revoked or may be issued for a specified period of time consistent
with local conditions, but in no event to exceed 180 days for tents,
special event structures, and other membrane structures; exceed 60
days for alternative activities at a sugarhouse; or exceed one year
for all other activities, structures, and operations. The effective
period of each operating permit shall be specified in the operating
permit. An operating permit may be reissued or renewed upon application
to the Building Inspector, payment of the applicable fee, and approval
of such application by the Building Inspector.
G.Â
If the Building Inspector determines that any activity or building
for which an operating permit was issued does not comply with with
applicable provisions of the Uniform Code, an operating permit shall
be revoked or suspended.
H.Â
Fee. The fee specificied in or determined in accordance with the
provisions this chapter must be paid at the time of submission of
an application for an operating permit, for an amended operating permit,
or for reissue or renewal of an operating permit.
A.Â
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Building Inspector
or an Inspector designated by the Building Inspector at the following
intervals:
(1)Â
Fire safety and property maintenance inspections of buildings or
structures which contain an assembly area shall be performed at least
once every 12 months.
(2)Â
Fire safety and property maintenance inspections of buildings or
structures being occupied as public and private schools and colleges,
including any buildings of such schools or colleges containing classrooms,
dormitories, fraternities, sororities, laboratories, physical education,
dining, or recreational facilities; shall be performed at least once
every 12 months.
(3)Â
Fire safety and property maintenance inspections of all other buildings
shall be performed at least once every 36 months for multiple dwellings
and all nonresidential occupancies.
B.Â
Remote inspections. At the discretion of the Building Inspector or
Inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Building Inspector or such
authorized Inspector, the remote inspection can be performed to the
same level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the Building Inspector or such authorized
Inspector that the premises conform 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. Should a remote
inspection not afford the Building Inspector or such authorized Inspector
sufficient information to make a determination, an in-person inspection
shall be performed.
C.Â
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an Inspector designated by the Building Inspector at any time upon:
(1)Â
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)Â
Receipt by the Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)Â
Receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; provided, however,
that nothing in this section 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.
D.Â
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law Section 156-e and Education Law Section 807-b.
E.Â
Fee. The fee specified in or determined in accordance with the provisions
set forth in this chapter must be paid prior to or at the time each
inspection is performed pursuant to this section. This section shall
not apply to inspections performed by OFPC.
A.Â
The Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Town as required by the Uniform Code. Such determinations shall be
made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to, the following:
(1)Â
Establishing design criteria to include ground snow load; wind design
loads; seismic category; potential damage from weathering, frost,
and termite; winter design temperature; whether ice barrier underlayment
is required; the air freezing index; and the mean annual temperature;
and
(2)Â
Establishing heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the design criteria table found in Chapter 3 of the RCNYS; and
(3)Â
Establishing flood hazard areas, flood hazard maps, and supporting
data. The flood hazard map shall include, at a minimum, special flood
hazard areas as identified by the Federal Emergency Management Agency
in the Flood Insurance Study for the community, as amended or revised
with:
