This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Village of Pelham. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
A. As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
The Code Enforcement Official of the Village of Pelham, who is appointed pursuant to §
34-3 of this chapter.
BUILDING PERMIT
A permit issued pursuant to §
34-6B 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.
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 §
34-3 of this chapter.
OPERATING PERMIT
A permit issued pursuant to §
34-17 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.
B. Where terms are not defined in this code and are defined in the Building
Code of New York State, Fuel Gas Code of New York State, Fire Code
of New York State, Mechanical Code of New York State or Plumbing Code
of New York State, such terms shall have the meanings ascribed to
them in those codes.
A. The office of Building Inspector is hereby created. The Building
Inspector shall administer and enforce all the provisions of the Uniform
Code, the Energy Code and this chapter. The Building Inspector shall
have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificate of occupancy/certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue building permits, certificate
of occupancy/certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificate
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Building Inspector
may determine to be appropriate;
(3) To conduct construction inspections, inspections to be made prior
to the issuance of certificate of occupancy/certificates of compliance,
temporary certificates and operating permits, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue compliance orders pursuant to §
34-22A of this chapter;
(8) To collect fees as set by the Board of Trustees of the Village of
Pelham;
(9) To pursue administrative enforcement actions and proceedings;
(10) To pursue such legal actions and proceedings as may be necessary
to enforce the Uniform Code, the Energy Code and this chapter, or
to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code or this chapter; and
(11) To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
B. The Village Board of Trustees shall appoint the Building Inspector.
The Building Inspector shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for Building Department Personnel, and the Building
Inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C. In the event that the Building Inspector is unable to serve as such
for any reason, an individual shall be appointed by the Board of Trustees
to serve as Acting Building Inspector. The Acting Building Inspector
shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the Building Inspector by this
chapter.
D. One or more inspectors may be appointed by the Village Board of Trustees
to act under the supervision and direction of the Building Inspector
and to assist the Building Inspector in the exercise of the powers
and fulfillment of the duties conferred upon the Building Inspector
by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E. In the discharge of his or her duties, the Building Inspector may
request and shall receive the assistance and cooperation of the Fire
Department, the Police Department and other Village officials.
F. From time to time the Village Board of Trustees shall fix the compensation
of the Building Inspector and inspectors.
A. Except as otherwise provided in Subsection
B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B. No building permit shall be required for work in any of the following
categories:
(1) Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2) Construction of temporary motion picture, television and theater
stage sets and scenery;
(3) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) Installation of partitions or movable cases less than five feet nine
inches in height;
(5) Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6) Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7) Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A. Applications
for a building permit shall be made in writing on a form provided
by the Building Inspector. The owner of the property where the work
is to be performed or an authorized agent of the owner shall sign
the application.
B. The
application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application may include
or be accompanied by the following information and documentation:
(1) The name and address of the owner and any authorized agent. If a
person other than the owner in fee makes the application, the application
must include an affidavit of the owner or of the person making the
application. The affidavit must state that the owner authorizes the
proposed work and that the person making the application is authorized
to make the application.
(2) A description of the proposed work;
(3) An updated property survey prepared and stamped by a land surveyor
licensed by New York State.
(4) The tax map number and the street address of the premises where the
work is to be performed;
(5) The occupancy classification of any affected building or structure;
(6) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(7) Three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law and then
in the manner required by that law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed by including:
[1]
A full plot plan with all dimensions clearly marked;
[2]
A complete zoning chart that sets forth all zoning requirements;
and
[3]
The dimensions and locations of all existing buildings and structures
as well as the dimensions of all proposed buildings, structures, or
alterations to the existing buildings or structures.
[4]
Where applicable, a site plan that shows any existing and proposed
buildings and structures on the site, the location of any existing
or proposed well or septic system, the location of the intended work,
and the distances between the buildings and structures and the lot
lines.
(d)
The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units, if any,
the building is designed to accommodate.
(e)
The architect's or builder's estimate of the cost
of the completed structure or of the alterations or additions.
(f)
Any other information about the proposed work, the lot or neighboring
lots which may be necessary to determine whether the proposed construction
will conform to the provisions of this chapter and all other applicable
laws.
(g)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(h)
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Building Inspector, is of complex design,
the Building Inspector shall require the applicant to file an affidavit
signed by an architect or engineer licensed by the State of New York
and certifying that the plans and specifications comply with the provisions
of this chapter in effect on the date of the application.
C. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection
B of this section. When the Building Inspector accepts construction documents as part of an application for a building permit, he or she shall mark the documents as accepted in writing or by a stamp. The Building Inspector shall retain one set of the accepted construction documents and shall return one set of the accepted construction documents to the applicant to be kept at the work site so as to be available for use by the Building Inspector or other Inspector authorized by this chapter. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
A. The Building Inspector shall examine applications for a building
permit or for an amendment thereto in order to ascertain whether the
proposed work:
(1) Conforms to the applicable requirements of the Uniform Code and Energy
Code;
(2) Complies, whenever required, with site plans approved pursuant to Chapter
79 of this Code and with special permits and variances approved pursuant to Chapter
98; and
(3) Complies with all zoning laws as well as all other applicable laws.
B. The Building Inspector shall issue a building permit if the proposed work complies with the applicable requirements of Subsection
A of this section.
Building permits shall be visibly displayed at the work site
and shall remain visible until the authorized work has been completed.
All work shall be performed in accordance with the construction documents that were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of the work. Such changes include, but are not limited to, a reduction of the area of the plot of which a plot diagram was submitted pursuant to §
34-5B(7)(c)[1]. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
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.
The Building Inspector may renew a building permit which has become
invalid or which has expired upon application by the permit holder,
payment of the applicable fee, and approval of the application.
If the Building Inspector determines that a building permit
was issued in error because of incorrect, inaccurate or incomplete
information, or that the work for which a building permit was issued
violates the Uniform Code or the Energy Code, the Building Inspector
shall revoke or suspend the building permit until such time as the
permit holder demonstrates that:
A. All work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code; and
B. All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
The fee specified in or determined in accordance with the provisions set forth in §
34-23 of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. Work authorized by a building permit must remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The permit holder must notify the Building Inspector when any element of work described in Subsection
B of this section is ready for inspection.
B. The following elements of the construction process shall be inspected
where applicable:
(1) Work site prior to the issuance of a building permit;
(3) Preparation for concrete slab;
(5) Building systems, including underground and rough-in;
(6) Fire-resistant construction;
(7) Fire-resistant penetrations;
(8) Solid fuel burning heating appliances, chimneys, flues or gas vents;
(9) Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified
as to where the work fails to comply with the Uniform Code or Energy
Code. Work not in compliance with any applicable provision of the
Uniform Code or Energy Code must remain exposed until such work has
been brought into compliance with all applicable provisions of the
Uniform Code and the Energy Code, has been re-inspected, and has been
found satisfactory as completed.
D. The fee specified in or determined in accordance with the provisions set forth in §
34-23 of this chapter must be paid prior to or at the time of each inspection per-formed pursuant to this section.
A. The Building Inspector is authorized to issue stop-work orders pursuant
to this section. The Building Inspector shall issue a stop-work order
to halt:
(1) Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work;
(2) Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work;
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked;
or
(4) Any work that materially departs from any construction documents
or specifications that were submitted with and accepted as part of
the application for the building permit.
B. Stop-work orders shall:
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be satisfied before
work will be permitted to resume.
C. The Building Inspector shall cause the stop-work order, or a copy
thereof, to be served on the owner of the affected property and, if
the owner is not the permit holder, on the permit holder personally
or by certified mail. The Building Inspector shall be permitted, but
not required, to cause the stop-work order, or a copy thereof, to
be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop-work order,
personally or by certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
D. Upon the issuance of a stop-work order, the owner of the affected
property, the permit holder and any other person performing, taking
part in or assisting in the work shall immediately cease all work
that is the subject of the stop-work order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection
A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under §
34-22 of this chapter or under any other applicable chapter or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A. A certificate of occupancy/certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy/certificate of compliance.
B. The Building Inspector shall issue a certificate of occupancy/certificate
of compliance if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code and Energy Code and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the Uniform Code and Energy Code. The Building Inspector
or an Inspector authorized by the Building Inspector shall inspect
the building, structure or work prior to the issuance of a certificate
of occupancy/certificate of compliance. 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/certificate of compliance,
shall be provided to the Building Inspector prior to the issuance
of the certificate of occupancy/certificate of compliance:
(1) A written statement of structural observations and/or a final report
of special inspections;
(2) A plot diagram showing the size and exact location of all buildings
and structure, including subsurface structures, both new and previously
existing; and
(3) Flood hazard certifications, where applicable.
C. A certificate of occupancy/certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name, address and Tax Map number of the property;
(4) If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The assembly occupant load of the structure, if any;
(8) If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9) Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Building Inspector issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D. 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 that is the subject
of a building permit. However, in no event shall the Building Inspector
issue a temporary certificate unless the Building Inspector determines
that the building or structure, or the portion thereof covered by
the temporary certificate, may be occupied safely, that any fire-
and smoke-detecting or fire protection equipment which has been installed
is operational, and that all required means of egress from the building
or structure have been provided. The 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.
E. If the Building Inspector 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 Building
Inspector within such period of time as shall be specified by the
Building Inspector, the Building Inspector shall revoke or suspend
such certificate.
F. The fee specified in or determined in accordance with the provisions set forth in §
34-23 of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for temporary certificate.
The chief of any fire department providing firefighting services
for a property within the Village of Pelham shall promptly notify
the Building Inspector of any fire or explosion involving any structural
damage, fuel burning appliance, chimney or gas vent.
Any unsafe or dangerous building, structure or equipment in
the Village of Pelham shall be identified and addressed in accordance
with the following procedures:
A. A building, structure or equipment that is dangerous or unsafe shall
be repaired or removed by the owner of the building, structure or
equipment.
B. Upon receipt of information that a building, structure or equipment is unsafe or dangerous, the Building Inspector shall make or order an inspection. If the Building Inspector on the basis of the inspection finds that the building, structure, or equipment is dangerous or unsafe to the public, pursuant to §
34-22 the Building Inspector shall serve a compliance order upon the owner or the duly appointed representative of the owner either personally or by certified mail.
C. If service of the compliance order is made by certified mail, a copy
of such order shall be posted on the premises.
D. If the person served with the compliance order refuses or fails to
comply with the order, the Building Inspector shall promptly report
such facts to the Board of Trustees by filing a report with the Village
Clerk.
E. If the person served with the compliance order refuses or fails to
comply with the order, all costs and expenses incurred by the Village
in order to have the building, structure or equipment repaired or
removed shall be determined by the Village and assessed against the
land on which said building or structure is located. The costs include
but are not limited to the costs of legal fees and fees for other
professional services incurred in bringing legal proceedings to petition
the court for an order determining that the building, structure or
equipment is unsafe and dangerous and directing that the same shall
be repaired or removed as well as the costs of actually repairing
or removing the building, structure or equipment.
A. Any person who proposes to undertake any activity or to operate any
type of building listed in this section must obtain an operating permit
prior to commencing such activity or operation.
(1) Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the Fire Code of New York State and incorporated
by reference in 19 NYCRR 1225.1;
(2) Hazardous processes and activities, including but not limited to
dry-cleaning plants and their operations, commercial and industrial
operations which produce combustible dust as a byproduct, fruit and
crop ripening, and waste handling;
(3) Motor-fuel-dispensing facilities and repair garages;
(4) Use of pyrotechnic devices in assembly occupancies;
(5) Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more;
(6) Buildings containing three or more dwellings;
(7) Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of the Village of Pelham; and
(8) All other uses and activities for which state law requires operating
permits.
B. An application for an operating permit shall be in writing on a form
provided by or otherwise acceptable to the Building Inspector. Such
application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Building Inspector 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 Building Inspector, at
the expense of the applicant.
C. The Building Inspector or an Inspector authorized by the Building
Inspector shall inspect the subject premises prior to the issuance
of an operating permit.
D. In any circumstance in which more than one activity listed in Subsection
A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 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 Building Inspector to be consistent
with local conditions. 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.
F. The Building Inspector shall revoke or suspend any operating permit
if he or she determines that the operating permit was issued in error:
(1) Because of incorrect, inaccurate or incomplete information as to
a material fact in the application or plans on which the permit was
based; or
(2) Because any activity or building for which the operating permit was
issued does not comply with any applicable provision of the Uniform
Code.
G. The fee specified in or determined in accordance with the provisions set forth in §
34-23 of 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. The Building Inspector or a duly appointed inspector shall perform
fire safety and property maintenance inspections of buildings and
structures at the following intervals:
(1) Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2) Fire safety and property maintenance inspections of buildings or
structures that are occupied as dormitories shall be performed at
least once every 12 months.
(3) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection
A(1) or
(2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection
A(1) or
(2), shall be performed at least once every 12 months.
B. In addition to the inspections required by Subsection
A of this section, the Building Inspector or an inspector designated by the Building Inspector may perform pursuant to the Uniform Code a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit at any time upon:
(1) The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) 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) 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.
C. 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 § 156-e and Education Law § 807-b.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
34-23 of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The Building Inspector and/or a duly appointed Inspector 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 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 Building Inspector 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 §
34-22 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.
A. The Building Inspector shall keep permanent official records of all
transactions and activities conducted by the Building Department Personnel,
including records of:
(1) All applications received, reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building permits, certificate of occupancy/certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(7) All investigations conducted;
(8) All other features and activities specified in or contemplated by §§
34-4 through
34-19, inclusive, of this chapter; and
(9) All fees charged and collected.
B. All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period required by state law and regulation.
A. The Building Inspector shall annually submit to the Board of Trustees of the Village of Pelham a written report and summary of all business conducted by the Building Inspector and other inspectors, including a report and summary of all transactions and activities described in §
34-20 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. The Building Inspector shall annually submit to the Secretary of
State, on behalf of the Village of Pelham, on a form prescribed by
the Secretary of State, a report of the activities of the Village
of Pelham relative to administration and enforcement of the Uniform
Code.
C. 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 the Village of Pelham is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the a activities of the Village of Pelham
in connection with administration and enforcement of the Uniform Code.
A. Compliance orders.
(1) The Building Inspector and duly appointed inspectors are 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 this chapter. Upon finding
that any such condition or activity exists, the Building Inspector
shall issue a compliance order. The compliance order shall:
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Building Inspector deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2) The Building Inspector shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by certified mail. The Building Inspector shall be permitted, but
not required, to cause the compliance order, or a copy thereof, to
be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
B. Appearance tickets.
(1) The Building Inspector and duly appointed Inspectors are authorized
to issue appearance tickets for any violation of the Uniform Code,
the Energy Code or of this chapter. Such violations shall include,
but not be limited to:
(a)
The failure to comply with any provision of this chapter;
(b)
The failure to comply with any compliance order issued pursuant to Subsection
A of this section within the time specified by the order; and
(c)
Any material departure from any plans or specifications approved
by the Building Inspector and/or a duly appointed inspector, or an
electrical inspector.
(2) Any person who violates a provision of this chapter, including but
not limited to any person who has been served with a compliance order
to remedy any condition found to exist in, on, or about any building
in violation of the Uniform Fire Prevention and Building Code or the
Energy Code and fails to comply with such order within the time period
fixed in the order shall be punishable by a fine of not more than
$1,000 per day of violation, or imprisonment not exceeding 15 days,
or both. Other violations of the Uniform Fire Prevention and Building
Code shall be punishable pursuant to New York Executive Law § 382.
C. Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Building Inspector pursuant to any provision of
this chapter, shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Village of Pelham.
D. Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Pelham, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Building Inspector pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code or this chapter, an action or proceeding may
be commenced in the name of the Village of Pelham, in the Supreme
Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Board of Trustees of
the Village of Pelham.
E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §
34-13, Stop-work orders, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in §
34-13, Stop-work orders, in any other section of this chapter, or in any other applicable law. In particular, but not by way of imitation, each remedy and penalty specified in this section for violations of the Uniform Code or the Energy Code shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of the Village of Pelham. Such fee schedule may thereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificate of occupancy/certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Building Inspector described in or contemplated
by this chapter.
The Board of Trustees of the Village of Pelham may, by resolution,
authorize the Mayor of the Village of Pelham to enter into an agreement,
in the name of the Village of Pelham, 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.
If 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 this
chapter.