Sullivan County, NY Fire Prevention and Building Construction

The County of Sullivan hereby adopts the Uniform Fire Prevention and Building Code with respect to all buildings owned by the county or any of its agencies, including, specifically but not exclusively, the Industrial Development Agency, and all buildings leased by or to the county or any of its agencies, including, specifically but not exclusively, the Industrial Development Agency, as the Uniform Fire Prevention and Building Code presently exists or may hereafter be amended. This section shall not apply to buildings acquired by the county pursuant to tax foreclosure proceedings and/or not used for county purposes.

§ 123-3 Designation of administration and enforcement official; powers and duties.

The Commissioner of Public Works (hereafter referred to as the "Commissioner") is hereby designated as the officer responsible for the administration and enforcement of the Uniform Fire Prevention and Building Code for the buildings described hereinabove.

The Commissioner is authorized to provide training for division employees in the enforcement of the Uniform Fire Prevention and Building Code annually, or more often if he deems it necessary.

The Commissioner is authorized to issue building permits and certificates of occupancy for the buildings described in § 123-2. The issuance of building permits shall comply with the Uniform Fire Prevention and Building Code and, in appropriate situations, local zoning laws need not be followed. In case the local zoning law is not to be followed, then the Commissioner shall provide a written statement of the reasons for his decision and shall file the statement with the Clerk of the local government.

The Commissioner is directed to develop such regulations as may be necessary and appropriate for the issuance of building permits and certificates of occupancy, and for the periodic inspection of the buildings described in § 123-2. Such regulations shall not be inconsistent with this chapter or the Uniform Fire Prevention and Building Code, and shall be subject to confirmation by the Legislature. Said regulations shall provide for, among other things, regular and emergency inspection of buildings, the issuance of stop-work orders, conduct of administrative hearings concerning alleged violations, levying and collecting fines, recordkeeping, etc.

§ 123-4 Fees.

Lessees of buildings owned by the county or any of its agencies, including, specifically but not exclusively, the Industrial Development Agency, shall be charged a fee for the issuance of building permits, certificates of occupancy and regular, periodic inspections. No such permits or certificates shall be issued except upon payment in full of the required fees.

A schedule of fees shall be established and amended from time to time as necessary by resolution of the County Legislature.

§ 123-5 Cooperation of local authorities.

The Commissioner is authorized to enter into agreements for the inspection of such facilities with Code Enforcement Officers of the local government where a facility is located, or to retain such professionals as the Commissioner may deem appropriate to conduct such inspections prior to the issuance of building permits or certificates of occupancy, or for periodic inspections.

§ 123-6 Enforcement; penalties for offenses.

Whenever a complaint is filed by an occupant of the building or other person with a specific interest in the premises or the safety thereof, the Commissioner shall record the complaint in a file established specifically for that purpose, and shall immediately investigate the complaint.

If a violation is found in a building owned and occupied by the county, the Commissioner shall report the finding to the County Manager, and repairs shall be made or a plan shall be developed at the earliest possible time to make such repairs as will bring the building into compliance with the Uniform Fire Prevention and Building Code.

If a violation or violations are found in a building leased by the county or any of its agencies to another party, including, specifically but not exclusively, the Industrial Development Agency, said lessee shall be notified immediately, in writing, either by personal delivery or certified mail, return receipt requested. Said notice shall state the date of inspection, the name of the inspector, the precise nature of the violation, the action that must be taken to cure the violation and a specific time by which the violation(s) must be abated. In addition, such notice shall state the procedure for taking an administrative appeal from the findings of the inspector. The Commissioner shall have the discretion to extend any such deadline for good cause, provided that the lessee has shown good faith efforts towards curing the violation.

If a violation or violations are found in any building leased from others by the county or any of its agencies, including, specifically but not exclusively, the Industrial Development Agency, then the owner of any such building shall be notified, in writing, in person or by certified mail, return receipt requested. Said notice shall specify the date of the inspection, name of the inspector and shall describe with particularity the nature of the violation(s). The notice shall also state the procedure for taking an administrative appeal from the findings of the inspector, and shall specify a date by which said violations shall be cured, which date may be extended by the Commissioner upon the request of the lessee for good cause shown; provided, however, that the lessee has shown good faith efforts to correct the violation prior to the expiration of the original time or extended time specified.

In the event that a violation under Subsection B or C is not cured by the date specified in the notice, or any extended date, the Commissioner is authorized to impose a criminal penalty of a fine not to exceed $1,000 and/or imprisonment for not more than one year, and a civil penalty of up to $500 for each violation, and for each day that the violation(s) continue after the date specified in the notice or any extended date.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any fine imposed shall be paid in full within 15 days. If not paid in full, within the time allowed, the county may commence a civil action, in its own name, to enforce the fine, and shall be entitled to add interest at the judgment rate until paid, and shall be entitled to attorney's fees, costs and disbursements. The County Attorney's office is authorized to conduct such proceedings and to settle any such matter.

In addition, the failure to pay the fine when due shall constitute a class "B" misdemeanor.

§ 123-7 Violations.

Violations found in buildings leased by the county or any of its agencies from others shall be treated as provided in § 123-6, unless the lease provides to the contrary. All future leases or renewals of existing leases in which the county or any of its agencies is the lessee shall provide that the lessor is responsible for remediation of any violation of the Uniform Fire Prevention and Building Code and is subject to this chapter.