Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 3-21-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 74.
Contractor requirements — See Ch. 80.
Electrical inspections — See Ch. 92.
Environmental quality review — See Ch. 98.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Fire prevention — See Ch. 110.
Flood damage prevention — See Ch. 113.
Plumbing — See Ch. 147.
Rental or unoccupied premises — See Ch. 158.
Subdivision of land — See Ch. 178.
Zoning — See Ch. 200.
[1]
This local law also superseded former Ch. 70, Building Construction, adopted 12-15-1990 by L.L. No. 16-1990, as amended.

§ 70-1 Purpose.

This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Town of Evans. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this law, state law, or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.

§ 70-2 Intermunicipal contracts.

The Town Board may, by resolution, authorize the Supervisor to enter into a contract with other governments to carry out the terms of this chapter.

§ 70-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 70-5 of this chapter. The term "building permit" shall also include a building permit, which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 70-7C of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 70-7 of this chapter.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 70-4 of this chapter.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 70-9A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 70-4C of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 70-11 of this chapter. The term operating permit shall also include an operating permit, which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited liability, company partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 70-10 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 70-7B of this chapter.
TOWN
The Town of Evans.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

§ 70-4 Code Enforcement Official, duties and powers.

A. 
The office of Code Enforcement Officer shall be filled by an appointment of the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time constraints proscribed by law, obtain such training as the State of New York shall require for code enforcement personnel.
B. 
In the absence of the Code Enforcement Officer, or in the case of his or her inability to serve as such for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Code Enforcement Official and to exercise all the powers conferred upon him or her by this chapter.
C. 
The Supervisor, with the approval of the Town Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as directed by him or her. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
[Amended 5-26-2010 by L.L. No. 1-2010]
D. 
The compensation for the Code Enforcement Officer, acting Code Enforcement Officer and inspectors shall be fixed and adjusted as needed by the Town Board.
E. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, temporary certificates of occupancy, operating permits, firesafety and property maintenance inspections, collecting fees as set forth by the Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Code Enforcement Official is authorized to pursue administrative actions and in consultation with the Town attorney, legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter, or other laws, rules or regulations of the Town of Evans or of the State of New York.

§ 70-5 Building permits.

A. 
Permits required.
(1) 
Except as otherwise provided in Subsection A(2) of this section, a building permit shall be required for any work which must conform to the Uniform Code/or the Energy Code/or any local law, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition or change in the nature of the use or occupancy of any portion thereof, or the installation of manufactured homes, swimming pools capable of water depth 24 inches or more and solid-fuel-burning heating appliance, chimney or flue in any dwelling unit/or on any premises, without first having obtained a permit from the Code Enforcement Officer.
(2) 
Exemptions. No building permit shall be required for work in any of the following categories:
(a) 
Necessary repairs which do not materially affect structural features;
(b) 
Alterations to existing buildings, provided that the alterations:
[1] 
Cost less than $10,000;
[2] 
Do not materially affect structural features;
[3] 
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits:
[4] 
Do not involve the installation or extension of electrical systems;
[5] 
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues; and
[6] 
All roofs that do not involve a tear off or roofing over one layer of shingles.
[Added 5-26-2010 by L.L. No. 1-2010]
(c) 
Residential storage sheds and other small noncommercial structures less than 35 square feet which are not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, for example, a small storage building; and
(d) 
Nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.
B. 
Application for permit.
(1) 
The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
(2) 
The form of the permit and application therefore shall be prescribed by the Code Enforcement Officer. The application shall be signed by the owner (or his authorized agent) of the building and shall contain at least the following:
(a) 
Full name and address of the owner and if by a corporation, the name and addresses of the responsible officials;
(b) 
Identification and/or description of the land on which the work is to be done (up-to-date and accurate land survey);
(c) 
Description of use or occupancy of the land and existing or proposed building;
(d) 
Description of the proposed work;
(e) 
Three sets of plans and specifications for the proposed work;
(f) 
The required fee.
(3) 
The Code Enforcement Officer may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
(4) 
Applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained herein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Code Enforcement Officer and approval shall be received from the Code Enforcement Officer prior to the commencement of such change of work.
C. 
General requirements.
(1) 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
(2) 
A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been misrepresentation or falsification of a material fact in connection with the application for the permit.
(3) 
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 12 months after the date of issuance or when a certificate of occupancy is issued (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for a six-month period provided that:
(a) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(b) 
The relevant information in the application is up to date;
(c) 
The renewal fee is paid.

§ 70-6 Fees.

A fee schedule shall be established, and changed as needed, by resolution of the Town Board. Such fees may be charged for the issuance of permits, certificates of occupancy, temporary certificates of occupancy, and for firesafety inspections.

§ 70-7 Certificate of occupancy.

A. 
No building erected subject to the New York State Uniform Fire Prevention and Building Code shall be used or occupied, except to the extent authorized hereunder, until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered, or upon which work has been performed which requires the issuance of a building permit, shall be occupied or used more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall submit to the Code Enforcement Officer an as-built survey prior to the issuance of a certificate of occupancy. The owner or his agent shall submit to the Code Enforcement Office an as-built survey and drainage survey prior to the issuance of a certificate of occupancy.
[Amended 5-26-2010 by L.L. No. 1-2010]
B. 
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance or at an earlier date if so specified. A temporary certificate of occupancy may, at the discretion of the Code Enforcement Officer and upon payment of an additional fee as specified for a temporary certificate of occupancy, be renewed. The Code Enforcement Officer may place special conditions on temporary certificates of occupancy as necessary to insure safety and to protect the interest of the Town of Evans.
C. 
A certificate of compliance shall be required for all roof repairs, repair affecting structure members, alterations, improvements, or installing wood-burning stoves in any existing buildings, sheds, fences and aboveground swimming pools. All provisions of § 70-7A and B of this chapter relative to the certificate of occupancy shall apply to the certificate of compliance.
D. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
[Added 5-26-2010 by L.L. No. 1-2010]

§ 70-8 Inspections.

A. 
Inspections during construction.
(1) 
Work for which a building permit has been issued hereunder shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, footer, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant, or his agent to inform the inspector that the work is ready for inspection and to schedule such inspection.
(2) 
Work which requires special inspections during construction shall be the responsibility of the owner, applicant, or his agent to provide a list, at their expense. A statement of the special inspections, including a complete list of materials and work requiring such inspections, and a list of the individuals and approved agencies shall be provided to the Code Enforcement Official for the permit application file; the reports of such special inspections shall be provided to the Code Enforcement Officer for the permanent record.
(3) 
If entrance to make an inspection is refused or cannot be obtained, the Town Board, after being notified by the inspector of the situation, may apply to any court of competent jurisdiction for an order to make an inspection.
B. 
Fire prevention and property maintenance inspections.
(1) 
Multiple dwellings shall be inspected for the purpose of determining compliance with fire prevention and property maintenance requirements of the Uniform Code at least once every 36 months. Inspections of such buildings shall include the common areas such as halls, foyers, staircases, etc. and vacant dwelling units. Where the tenants of occupied dwelling units allow, the inspection may include such units.
(2) 
Firesafety inspections of buildings or structures having areas of public assembly, defined as "all buildings or portions of buildings used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom shall be performed at least once in every 12 months.
(3) 
All other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 24 months.
(4) 
An inspection of a building or dwelling unit may also be performed at any other time upon:
(a) 
The request of the owner, authorized agent or tenant;
(b) 
Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code exists; or
(c) 
Other reasonable and reliable information that such a violation exists.

§ 70-9 Enforcement; penalties for offenses.

A. 
Compliance orders. Upon determination that a violation of the Uniform Code or this chapter exists in, on, or about any building or premises, the Code Enforcement Officer shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by certified mail.
B. 
In addition to those penalties proscribed by state law, any person, firm or corporation who violates any provision of the Uniform Code for any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer, shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.
C. 
Alternatively or in addition to any action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of; or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
D. 
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or of this chapter.

§ 70-10 Stop-work orders.

A. 
Whenever the Code Enforcement Officer has reason to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of an application, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall appear 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 where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for the permission of the construction of such building.
B. 
If work requiring a building permit is commenced without first having applied and secured or obtained said permit, the normal fee shall be tripled.

§ 70-11 Operating permits.

A. 
Operating permits required.
(1) 
Operating permits 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 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" and incorporated by reference in 19 NYCRR section 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, waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Application for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premise prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more then one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any 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 Code Enforcement Officer to be consistent with local condition. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the Code Enforcement determines that any activity or building for which an operating permit was issued does not comply with any applicable provisions of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 70-6, Fees, of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 70-12 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 70-9, Enforcement, penalties for offenses, of this chapter.
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 70-13 Recordkeeping.

A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulation promulgated by him with the consent of the Town Board, and notices and orders issued. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
B. 
The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by his office, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded.

§ 70-14 Notification regarding fire or explosion.

[Added 5-26-2010 by L.L. No. 1-2010]
The chief of any fire department providing fire-fighting services for a property within the Town of Evans shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 70-15 Partial invalidity.

[Added 5-26-2010 by L.L. No. 1-2010]
If any section or any part of any section of this chapter 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 the chapter.