[HISTORY: Adopted by the Board of Trustees
of the Village of Canton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-10-1975 by L.L. No. 5-1975 as Ch. 60 of the 1975 Code]
[1]
Editor's Note: The applicability of the New
York State Building Construction Code was accepted by the Board of
Trustees by resolution of 6-11-1958. Areas not covered therein are
included in this article.
A.
Every building erected within the village limits after
this article has gone into effect shall rest on a solid footing. No
building shall be erected on piers. Trench walls shall be carried
below the frost line but in no case less than 31/2 feet.
B.
All debris, such as stumps, roots, vegetation and
wood scraps, occurring within the building area shall be removed.
The ground level in unexcavated portions shall be at least two feet
from the bottom of floor joists and girders.
C.
In no case shall the foundation wall thickness be
less than eight inches, set upon a concrete base at least 12 inches
deep.
D.
All ordinary construction buildings hereafter built
or altered in which the lower stories or portions thereof are used
for business and the stories above for residence purposes shall have
all partitions and ceilings separating the business portions from
the residence portions covered with metal lath and plaster or other
equivalent fireproofing material.
E.
All building materials shall be of good quality.
A.
Concrete for reinforced concrete construction shall
consist of one part portland cement and not more than six parts aggregate
by volume measured dry, and not more than 71/2 gallons of water per
ninety-four-pound sack of cement. The aggregate shall be mixed in
an approximate ratio of two parts fine aggregate and four parts coarse
aggregate. This requirement applies under ordinary conditions and
does not preclude the use of other mixtures when duly authorized.
B.
The Building Regulations for Reinforced Concrete as
adopted by the American Concrete Institute shall constitute the accepted
good practice in reinforced concrete construction.
All electrical wiring, apparatus or appliances
for furnishing heat, light or power must be in strict conformity with
regulations of the National Board of Fire Underwriters.
A.
All newly constructed, converted, modified or altered
commercial buildings (C1 - C7) and multiple dwellings (B1 - B4) shall
be wired with metal raceway, or metal clad cable.
[Added 2-1-2000 by L.L. No. 1-2000]
B.
All newly constructed, converted, modified or altered
commercial buildings (C1 - C7) and multiple dwellings (B1 - B4) require
installation of an interconnected smoke and fire detection system.
[Added 2-1-2000 by L.L. No. 1-2000]
A.
All chimneys shall be built of brick, concrete, stone,
hollow tile of clay or concrete, concrete block or reinforced concrete
not less than four inches thick, provided that for stone masonry other
than sawed or dressed stone in courses properly bounded and tied with
metal anchors, the thickness shall be not less than eight inches,
and provided that in dwellings with brick or solid concrete chimneys
used exclusively for ordinary stoves, ranges, furnaces or open fireplaces
the thickness of the masonry may be reduced to not less than three
and 33/4 inches.
B.
Every such chimney shall be lined with a flue lining.
High-pressure steam boilers, incinerators having a grate area exceeding
nine square feet or of the fuel-fired type and other moderate heat
appliances shall have a lining of four inches of firebrick for a distance
of at least 25 feet above the flue entrance.
C.
Chimneys shall extend at least three feet above the
highest point at which they come in contact with a roof of the building
and at least two feet higher than any ridge within 10 feet of such
chimney. They shall be properly capped.
D.
Chimneys shall be built upon concrete or solid masonry
foundations. The footing for an exterior chimney shall start below
the frost line.
E.
The back and sides of fireplaces hereafter erected
shall be of approved masonry or reinforced concrete, not less than
eight inches in thickness. A lining of firebrick or other approved
material at least two inches thick shall be provided unless the thickness
is 12 inches.
F.
Fireplaces, except when designed and used for approved
gas appliances only, shall have hearths of brick, stone, tile or other
approved incombustible material supported on masonry arches. Such
hearths shall extend at least 20 inches outside of the chimney breast
and not less than 12 inches beyond each side of the fireplace opening
along the chimney breast. The combined thickness of hearth and supporting
arch shall be not less than six inches at any point.
G.
Wooden centers used in the construction of that part
of the supporting arch which is below the hearth of the fireplace
inside of the chimney breast shall be removed when the construction
of the arch is completed and before plastering on the underside. For
further details for chimney construction the Standard Ordinance for
Chimney Construction of the National Board of Fire Underwriters may
be consulted.[1]
[1]
Editor's Note: This ordinance is on file in
the office of the Village Clerk.
H.
Metal smokestacks may be permitted for boilers, furnaces
and similar apparatus where large hot fires are used, provided that
every such stack, or part thereof, hereafter erected within a building,
other than a one-story building, shall be enclosed above the story
in which the appliance served thereby is located, in walls of approved
masonry or a partition construction of incombustible materials having
a fire-resistance rating of not less than two hours, with a space
on all sides between the stack and the enclosing walls sufficient
to render the entire stack accessible for examination and repair.
The enclosing walls shall be without openings, except doorways equipped
with approved self-closing fire doors at various floor levels for
inspection purposes. Where such a stack passes through a roof constructed
of combustible materials, it shall be guarded by a galvanized iron
ventilating thimble extending not less than nine inches below and
nine inches above such roof construction. Such thimbles shall be of
a size to provide a clearance on all sides of the stack of not less
than 18 inches, provided that for stacks of low-heat appliances the
clearance may be reduced to not less than 12 inches.
I.
All chimneys extending over eight feet over the roof
of the building shall be braced.
A.
Smoke pipes enter the side of chimneys through a fire
clay or metal thimble or flue ring of masonry. No smoke pipe shall
pass through a floor, nor through a roof unless such roof is of fireproof
or semi-fireproof construction.
B.
Smoke pipes shall not pass through combustible partitions,
except that smoke pipes from ordinary ranges and stoves may do so,
provided that they are guarded by double-metal ventilated thimbles
six inches larger in diameter than the pipe, or by steel tubes built
in brickwork or other approved fireproofing materials extending not
less than eight inches beyond all sides of the tube.
C.
The clear distance between a smoke pipe or metal breeching
and combustible material or construction, including plaster on combustible
base, shall be not less than 18 inches in the case of low-heat appliances,
and not less than 36 inches for medium- or high-heat appliances, except
that such clearances may be reduced by 1/2 when such smoke pipes or
breechings are protected with not less than one inch of asbestos or
in some other approved manner for such combustible material or construction
and are protected by sheet metal or equivalent covering placed at
least one inch from the surface to be protected and extending the
full length of the smoke pipe and not less than 12 inches beyond it
on both sides. In the case of smoke pipes used on ordinary heating
or cooking stoves, such clearance may be nine inches but not less.
No gas appliance shall be connected by a hose
connection, and proper flue pipes are required on all water heaters.
Each dwelling shall have a minimum ground floor
area of not less than 600 square feet.
Each entrance shall be large enough to accommodate
a door not less than two feet five inches wide and six feet six inches
in height.
[Amended 7-18-1988 by L.L. No. 2-1988]
The following shall be and are hereby declared
to be the fire limits:
|
Beginning at a point on the edge of the bank
of the Grasse River, in the Village of Canton as it now exists (1988),
where the same is intersected by the center of the alley to the south
of Patterson Feed Store to the center of Miner Street; thence southerly
to a point where the south boundary of the old Akins lot intersects
the center line of Miner Street thence generally easterly along the
Akins lot to and along the rear lines of all the properties on Pine
Street to where the line comes to the rear line of the Cox lot; thence
generally northerly along the rear lines of all the properties on
the west side of Park Street to the south line of the Park Florists
lot thence easterly along the south line until it intersects with
the center of Park Street thence down the center of Park Street to
the center of East Main Street; thence easterly to the east border
of the Canton Federal Savings and Loan Association lot; thence in
a general northerly direction encompassing the properties on the east
side of Court Street and going around the Sear-Brown Associates lot;
thence back westerly to the center of Court Street; thence from this
point westerly down the lot line between the Newman Center and the
corner lot on Court Street and Chapel Street and along the rear line
of all the lots on Chapel Street until the line reaches the east side
of the Bell lot containing the gas station and home; thence northerly
to the center of Chapel Street at this point the line goes westerly
to the edge of the bank of the Grasse River; thence generally south
along the edge of the Grasse River to the place of beginning.
|
A.
No wall, structure, building or part thereof shall
hereafter be built, enlarged or altered within said fire limits until
a plan of the proposed work together with a statement of the materials
to be used shall have been submitted to the Board of Trustees, which
shall, if in accordance with the provisions herein contained, issue
a permit for the proposed construction. However, permits may be issued
by said Board for the erection of structures not in accordance with
the provisions of this article if the same are to be used exclusively
for residential purposes or suitable outbuildings appurtenant thereto.
B.
Structures hereafter erected without permit or not
in conformity with this article shall be removed.
C.
No building shall be moved until a permit has been
obtained from the Board of Trustees or a designated officer thereof,
and such permit shall not be issued if the proposed new location of
the building would seriously increase the fire hazard of the surrounding
buildings.
Every building hereafter erected or enlarged
within the fire limits shall be enclosed on all sides with walls constructed
wholly of stone, well-burned brick, monolithic concrete (except that
approved concrete or terra cotta blocks may be used in buildings of
not over one story or not to exceed 16 feet in height) and shall have
roof, top and sides of all roof structures, including dormer windows,
covered with incombustible materials. All cornices shall be of incombustible
material.
Any existing building within the fire limits
of which the construction is such as would not be permitted in a new
building under this article, and which may hereafter be damaged by
fire, decay or otherwise to an amount greater than 1/2 of its present
value exclusive of the foundations, shall not be repaired or rebuilt,
but shall be removed.
No building over one story in height within
the fire limits shall be used for a public garage unless it be of
fireproof construction, nor shall any dry-cleaning establishment be
permitted within said fire limits, but this article shall not apply
to such uses and occupancies if the same are at present lawfully existing
so long as the present occupancy continues.
Where no penalty is otherwise provided, every
violation of this article of the Code of the Village of Canton shall
be considered disorderly conduct and upon conviction shall be punishable
by a fine of not more than $50, and in default of payment of such
fine each defendant convicted shall be imprisoned not more than one
day for each dollar of fine imposed.
[Adopted 4-16-2007 by L.L. No. 8-2007[2]]
A.
This article shall provide for the administration
and enforcement in the Village of Canton, New York, of the New York
State Uniform Fire Prevention and Building Code (referred to herein
as the Uniform Code), and of the State Energy Conservation Construction
Code (referred to herein as the Energy Code). This article is established
by local law adopted pursuant to § 10 of the New York Municipal
Home Rule Law. Except as otherwise provided within this article, other
state law, or within the Uniform Code, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this article.
B.
The Village Board may, by resolution, authorize the
Mayor to enter into one or more contracts with other governments to
carry out the terms of this article.
C.
If any section of this article 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 thereof.
D.
Definitions.
(1)
BUILDING PERMIT
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
DWELLING
ENERGY CODE
GROUP DWELLING
INSPECTOR
MULTIPLE SINGLE-FAMILY DWELLING and MULTIPLE DWELLING
OPERATING PERMIT
PERMIT HOLDER
PERSON
UNIFORM CODE
VILLAGE
The following definitions shall be applicable for
the purpose of this article:
Includes a building permit which is originally issued, as
well as renewed, amended or extended pursuant to any provision of
this article.
The Code Enforcement Officer of the Village of Canton, New
York, including any Acting Code Enforcement Officer.
Includes the Code Enforcement Officer, Acting Code Enforcement
Officer, and all inspectors.
One or more rooms designed or used for living quarters by
one household, including provisions for living, cooking, sanitary
and sleeping facilities, and having a separate entrance from the outside
of the building or through a common hall or area.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A building or a portion thereof with sleeping and living
accommodations for four or more persons who are not a family, used
or occupied as a club, dormitory, fraternity or sorority house, boardinghouse
or rooming house, or other transient use, but not as a tourist home,
or for similar uses.
[Added 12-15-2008 by L.L. No. 5-2008]
An inspector appointed pursuant to § 118-16 of this article, and acting under the supervision and direction of the Code Enforcement Officer, and who shall assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article.
A building having dwelling units to accommodate three or
more households or families or functional family units living independently
of each other.
Includes an operating permit which is originally issued,
as well as renewed, amended or extended pursuant to any provision
of this article.
The person to whom a building permit or operating permit
has been issued.
Includes an individual, corporation, limited-liability company,
partnership, limited-liability partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any
kind or description.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Canton, New York.
(2)
Any other term requiring definition in connection
with this article shall be as defined by the New York State Residential
Code and the New York State Building Code.
A.
The Code Enforcement Officer shall be appointed by
the Board of Trustees of the Village of Canton.
B.
The Code Enforcement Officer shall administer and
enforce all the provisions of the Uniform Code and Energy Code and
the provisions of this article in the Village of Canton. The Code
Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, operating permits, certificates of occupancy,
certificates of compliance, temporary certificates, and the plans,
specifications and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, operating permits, certificates of occupancy, certificates
of compliance, and temporary certificates, including permits and certificates
relative to the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures, and to include therein
such terms and conditions as the Code Enforcement Officer may determine
to be appropriate;
(3)
To conduct construction inspections prior to the issuance
of building permits, operating permits, certificates of occupancy,
certificates of compliance, and temporary certificates;
(4)
To conduct firesafety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
article;
(5)
To issue stop-work orders;
(6)
To review and investigate complaints;
(7)
To issue orders in connection with any violations
of this article;
(8)
To maintain and file all records necessary for the
administration of the office to the satisfaction of the Board of Trustees
of the Village of Canton;
(9)
To collect fees as set by the Board of Trustees of
the Village of Canton;
(10)
To pursue administrative enforcement actions
and proceedings;
(11)
In consultation with the Village's attorney,
to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code, and the provisions of this
article, or to abate or correct conditions not in compliance with
the Uniform Code, the Energy Code, or the provisions of this article;
and
(12)
To exercise all other powers and fulfill all
other duties conferred upon the Code Enforcement Officer by the provisions
of this article.
C.
The Code Enforcement Officer shall possess background
experience related to building construction or fire prevention and
shall, within the time constraints prescribed by law, obtain such
training as the State of New York shall require for code enforcement
personnel. The Code Enforcement Officer shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
D.
In the absence of the Code Enforcement Officer, or
in the case of his inability to serve for any reason, the Village
Mayor shall have the power, with the consent of the Village Board
of Trustees, to designate a person to serve as Acting Code Enforcement
Officer. The Acting Code Enforcement Officer shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this article and set
forth in this article.
E.
The Village Mayor, with approval of the Village Board
of Trustees, 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 assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this article and set forth in this article.
Each inspector shall, within the time prescribed by law, obtain such
training as the State of New York shall require for code enforcement
personnel. Each inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
F.
The compensation for the Code Enforcement Officer,
Acting Code Enforcement Officer, and inspectors shall be fixed and
adjusted as determined by the Village Board of Trustees.
G.
The Code Enforcement Officer, Acting Code Enforcement
Officer, and inspectors shall not engage in any activity inconsistent
with their duties, nor shall they, during the terms of their employment,
be engaged, directly or indirectly, in any building business, in the
furnishing of labor, materials, supplies or appliances for or the
supervision of the construction, alteration, demolition or maintenance
of a building or the preparation of plans or specifications thereof
within the Village, except that this provision shall not prohibit
them from engaging in such activities in connection with the construction
of a building or structure owned by them for their own personal use
and occupancy or for the use and occupancy of members of their immediate
family and not constructed for sale.
A fee schedule shall be established by resolution
of the Village of Canton Board of Trustees. Such fee schedule may
thereafter be amended from time to time by like resolution. Such fees
may be charged for the submission of applications, the issuance of
building permits, operating permits, permit renewals, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, temporary certificates of compliance, and firesafety and
property maintenance inspections, and for other actions of the Code
Enforcement Officer described in or contemplated by this article.
A.
Parties who propose to undertake the types of activities
or operate the types of buildings listed in this subsection shall
be required to obtain an operating permit prior to commencing such
operation:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: to operate an automobile
tire rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile
wrecking yard.
(4)
Bowling establishments: for bowling pin refinishing
and bowling lane resurfacing operation involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics pyroxylin:
(7)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(8)
Combustible materials: to store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber,
cork or other similar materials, in excess of 2,500 cubic feet gross
volume on any premises.
(10)
Cryogenics: to store, handle or use cryogenic
fluids, except cryogenics used as a motor fuel and stored in motor
vehicle tanks, as follows:
(11)
Dry-cleaning plants: to use in excess of four
gallons of solvents or cleaning agents classified as flammable or
combustible.
(12)
Dust-producing plants: to operate any grain
elevator, flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(14)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings; or in excess of 10
gallons inside any other building or other occupancy; or in excess
of 60 gallons outside of any building. This provision shall not apply
to:
(b)
To store, handle or use combustible liquids
in excess of 25 gallons inside a building or in excess of 60 gallons
outside of a building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
(c)
For the initial installation of an oil burner
and a fuel oil tank used in connection therewith. A permit shall be
required for the replacement of a fuel oil tank connected to an oil
burner.
(d)
For the processing, blending or refining of
flammable or combustible liquids.
(15)
Flammable finishing: for spraying, coating or
dipping operations utilizing flammable or combustible liquids.
(16)
Fruit-ripening or crop-ripening processes, including,
without limitation, processes with the use of ethylene gas.
(17)
Fumigation and thermal insecticidal fogging:
to conduct fumigation or thermal insecticidal fogging operations.
(18)
Hazardous chemicals:
(a)
To store, handle or use more than 55 gallons
of corrosive liquids; or more than 50 pounds of oxidizing materials;
or more than 10 pounds of organic peroxides; or more than 50 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive,
water-reactive or unstable materials.
(19)
Junkyards: to operate a junkyard.
(20)
Liquefied petroleum gas: for each installation
of liquefied petroleum gas employing a container or any aggregate
of interconnected containers of over 2,000 gallons' water capacity
and for each permanent installation, irrespective of size of containers,
made at buildings in which 20 or more persons congregate for civic,
political, educational, religious, social or recreational purposes.
Installers shall maintain a record of all religious, social or recreational
purposes. Installers shall maintain a record of all installations
and replacement of portable cylinders and shall have it available
for inspection.
(21)
Lumberyards: to operate a lumberyard.
(22)
Magnesium: for the melting, casting, heat-treating,
machining or grinding of more than 10 pounds of magnesium per working
day.
(24)
Organic coatings: to perform organic coating
operations utilizing more than one gallon of organic coating on any
working day.
(25)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressure
and temperatures not exceeding 1,400° F. which are heated with
oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or catalytic combustion system.
(26)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more.
(27)
Service stations and repair garages: to operate
a service station or repair garage.
(28)
Welding and cutting: to operate a welding and
cutting business. A record of all locations where welding or cutting
operations are performed shall be maintained and kept available for
inspection by the permit holder.
(29)
Manufacturing, storing or handling of 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), of the publication entitled
"Fire Code of New York State" (see 19 NYCRR 1225);
(30)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, and waste handling;
(31)
Use of pyrotechnic devices in assembly occupancies;
(32)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by the Village Board of Trustees by resolution.
B.
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.
An inspection of the premises shall be conducted by
the Code Enforcement Officer, Acting Code Enforcement Officer, or
an inspector authorized by the Code Enforcement Officer or Acting
Code Enforcement Officer prior to the issuance of an operating permit.
(1)
In any circumstance in which more than one activity listed at 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. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
D.
The fee specified in or determined in accordance with the provisions set forth at § 118-17 of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for the reissue or renewal of an operating permit.
E.
Permits shall be kept on the property or premises
covered by the permit or carried by the permit holder.
F.
Permits shall not be transferable, and any change
in activity, operation, location, ownership or use shall require a
new permit.
G.
Operating permits shall remain in effect until reissued,
renewed, suspended, or revoked.
H.
Permits may be suspended or revoked when it is determined
that there is a violation of a condition under which the permit was
issued or that there has been misrepresentation or falsification of
material facts in connection with the permit application or a condition
of the permit, or where activities do not comply with applicable provisions
of the Uniform Code.
A.
Permits required.
(1)
Except as hereinafter provided, no person shall commence
the construction, enlargement, alteration, improvement, removal, relocation
or demolition of any building or structure or any portion thereof
or install a solid-fuel-burning heating appliance, chimney or flue
in any dwelling unit without first having obtained a permit from the
Code Enforcement Officer.
(2)
No permit shall be required for the following:
(a)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses), which are used for tool and
storage sheds, playhouses or similar uses, provided the gross floor
area does not exceed 144 square feet (13.38 square meters);
(b)
Installation of swings and other playground
equipment associated with a one- or two-family dwelling, multiple
single-family dwelling, or townhouse;
(c)
Installation of swimming pools associated with
a one- or two-family dwelling, multiple single-family dwelling, or
townhouse, where such pools are designed for a water depth of less
than 24 inches and are installed entirely above ground;
(d)
Construction of retaining walls, unless such
walls support a surcharge or impound Class I, II or IIIA liquids;
(e)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(f)
Installation of window awnings supported by
an exterior wall of a one- or two-family dwelling, multiple single-family
dwelling, or townhouse;
(g)
Installation of partitions or movable cases
less than five feet nine inches in height;
(h)
Painting, wallpapering, tiling, carpeting, or
other similar finish work;
(i)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(j)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(k)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
[2]
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
[3]
The enlargement, alteration, replacement or
relocation of any building system;
[4]
The removal from service of all or part of a
fire protection system for any period of time.
B.
The exemption from the requirement to obtain a building permit for work in any category set forth at Subsection A of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
C.
Application for a permit.
(1)
Applications for a building permit (including an amended
or renewal building permit) shall be made in writing on a form provided
by or otherwise acceptable to the Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address of
the premises where the work is to be performed;
(c)
The occupancy classification of any affected
building or structure;
(d)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code and
the Energy Code; and
(e)
At least two sets of construction documents
(drawings and/or specifications) which define the scope of the proposed
work.
(2)
Construction documents shall not be accepted as part
of an application for a building permit unless such documents:
(a)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(b)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(c)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code;
(d)
Where applicable, include a site plan that shows
any existing and proposed 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 structures and the lot
lines.
(3)
Construction documents which are accepted as part
of the application for a building permit shall be marked as accepted
by the Code Enforcement Officer in writing or by stamp. One set of
the accepted construction documents shall be retained by the Code
Enforcement Officer, 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 code enforcement personnel. However,
the return of a set of accepted construction documents to the applicant
shall not be construed as authorization to commence work, nor as an
indication that a building permit will be issued. Work shall not be
commenced until and unless a building permit is issued.
D.
Issuance of building permit.
(1)
An application for a building permit shall be examined
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and the Energy Code. The Code Enforcement
Officer shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code and the Energy
Code.
E.
Building permits shall be visibly displayed at the
work site and shall remain visible until the project has been completed.
F.
Work to be in accordance with construction documents.
(1)
All work shall be performed in accordance with the
construction documents which were submitted with and accepted as part
of the application for the building permit. The building permit shall
contain such a directive.
(2)
The permit holder shall immediately notify the Code
Enforcement officer of any change occurring during the course of the
work. The building permit shall contain such a directive. If the Code
Enforcement Officer determines that such change warrants a new or
amended building permit, such change shall not be made until and unless
a new or amended building permit reflecting such change is issued.
G.
Time limits.
(1)
Building permits become invalid unless the authorized
work is commenced within six months following the date of issuance.
(2)
Building permits shall expire 12 months following
the date of issuance.
(3)
A building permit which has become invalid or which
has expired may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
H.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code; and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
A.
Permitted work shall remain accessible and exposed
until inspected and accepted by the Code Enforcement Officer or by
an inspector authorized by the Code Enforcement Officer. It shall
be the responsibility of the permit holder to notify the Code Enforcement
Officer when construction work is ready for inspection.
(1)
If entrance to make an inspection is refused or cannot
be obtained, the Village Board, after being notified of the situation
by the Code Enforcement Officer or an inspector, may apply to any
court of competent jurisdiction for an order permitting the inspection
to be made.
B.
The following elements of the construction process
shall be inspected, as determined by the Code Enforcement Officer
to be applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(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 shall be performed 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 and the Energy Code. Work not in compliance with any applicable
provision of the Uniform Code or the Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the Uniform Code and Energy Code, reinspected, and found
satisfactory as completed.
A.
The Code Enforcement Officer is authorized to issue
stop-work orders pursuant to this section. The Code Enforcement Officer
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code or the 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;
or
(2)
Any work that is being conducted in a dangerous or
unsafe manner, in the opinion of the Code Enforcement Officer, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
C.
Service of the stop-work order.
(1)
The Code Enforcement Officer shall cause the stop-work
order or a copy thereof to be served on the owner of the affected
property (and, if the owner is not the permit holder, on the permit
holder) either personally or by registered mail or certified mail.
(2)
The Code Enforcement Officer shall be permitted, but
shall not be 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,
either personally or by registered mail or 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 which 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 at Subsection A of this section. 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 provided by this article or under any other applicable local law or regulation, or state law or regulation. 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.
No building erected subject to the Uniform Code or
the Energy Code shall be occupied or used, except to the extent authorized
hereunder, until a certificate of occupancy or certificate of compliance
has been issued.
B.
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 after the completion
of the alteration or work unless a certificate of occupancy or a certificate
of compliance has been issued.
C.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy or certificate
of compliance authorizing the change has been issued.
D.
A certificate of occupancy or certificate of compliance
shall be preceded by an inspection of the building, structure or work.
Where applicable, the Code Enforcement Officer may require a written
statement of structural observations and/or a final report of special
inspections, prepared in accordance with the provisions of the Uniform
Code and the Energy Code, to be received prior to the issuance of
the certificate. Also, where applicable, flood hazard certifications
shall be received prior to the issuance of the certificate.
E.
A certificate of occupancy or certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate is not applicable to an entire
structure, a description of that portion of the structure for which
the certificate 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;
(10)
The zoning designation for the district where
the building is located, and a statement that the building's use is
lawful in the zoning district;
(11)
Any necessary approvals of the Village Planning
Board and the County Planning Board that have been issued;
(12)
The signature of the official issuing the certificate
and the date of issuance.
F.
A temporary certificate of occupancy or temporary
certificate of compliance 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.
(2)
A temporary certificate shall list the items which
remain uncompleted. The Code Enforcement Officer may place special
conditions on temporary certificates as necessary to ensure safety,
to further the purposes and intent of the Uniform Code and the Energy
Code, and to protect the interest of the Village.
(3)
The effectiveness of a temporary certificate shall
be limited to a specified period of time as determined by the Code
Enforcement Officer, but in no event longer than six months, during
which the permit holder shall undertake to bring the structure into
full compliance with applicable provisions of the Uniform Code and
the Energy Code.
(4)
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.
G.
If the Code Enforcement Officer determines that a
certificate of occupancy or 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.
A.
Fire prevention and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures having areas of public assembly shall be performed
at least once in every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once in every 12 months.
(3)
Firesafety and property maintenance inspections of all group dwellings and 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 in every 36 months.
[Amended 12-15-2008 by L.L. No. 5-2008]
B.
An inspection of a building or dwelling unit may also
be performed by the Code Enforcement Officer or an inspector designated
by the Code Enforcement Officer at any other time upon: the request
of the owner of the property to be inspected or an authorized agent
of such owner; receipt by the Code Enforcement Officer of a written
statement alleging that conditions or activities exist which fail
to comply with the Uniform Code, the Energy Code, or the provisions
of this article; or receipt by the Code Enforcement Officer of any
other information, reasonably believed by the Code Enforcement Officer
to be reliable, giving rise to reasonable cause to believe that conditions
or activities exist which fail to comply with the Uniform Code, the
Energy Code, or the provisions of this article. However, nothing in
this subsection shall be construed as permitting an inspection under
circumstances where a court order or warrant permitting such inspection
is required, unless such court order or warrant shall have been obtained.
C.
Nothing in this section or in any other provision
of this article 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.
(1)
The Code Enforcement Officer shall not be required
to perform firesafety and property maintenance inspections of a building
or structure which contains an area of public assembly if OFPC performs
firesafety and property maintenance inspections of such building or
structure at least once every 12 months.
(2)
The Code Enforcement Officer shall not be required
to perform firesafety and property maintenance inspections of a building
or structure occupied as a dormitory if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months.
(3)
The Code Enforcement Officer shall not be required to perform firesafety and property maintenance inspections of a group dwelling or a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such group dwellings and multiple dwellings at intervals not exceeding the interval specified at Subsection A(3) of this section.
[Amended 12-15-2008 by L.L. No. 5-2008]
(4)
The Code Enforcement Officer shall not be required to perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(1) or (2) of this section.
D.
Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, ordinances, rules
and regulations covering building construction or alteration, the
Code Enforcement Officer may, in his or her discretion, accept and
rely upon written reports of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service and inspection bureaus or agencies.
Unsafe buildings and structures in this Village shall be identified and addressed in accordance with the procedures set forth at Chapter 121 of the Village Code, as now in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting
services for a property within the Village of Canton shall notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent, or
any fire the origin of which has been traced to the electrical system
of any building or structure.
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 or the Energy
Code, this article, or any other local law, ordinance, or regulation
adopted by the Village Board of Trustees for administration and enforcement
of the Uniform Code and 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 § 118-27 of this article;
C.
If appropriate, issuing a stop-work order; and
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 Code Enforcement Officer is authorized to order
in writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this article.
B.
Upon finding that any such condition or activity exists,
the Code Enforcement Officer shall issue a compliance order.
(1)
The compliance order:
(a)
Shall be in writing;
(b)
Shall be dated and signed by the Code Enforcement
Officer;
(c)
Shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this article or any
other applicable local law, ordinance, or regulation adopted by the
Village Board of Trustees for administration and enforcement of the
Uniform Code and the Energy Code;
(d)
Shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this article or any other applicable
local law, ordinance, or regulation adopted by the Village Board of
Trustees for administration and enforcement of the Uniform Code and
the Energy Code which is/are violated by the specified condition or
activity;
(e)
Shall specify the period of time which the Code
Enforcement Officer deems to be reasonably necessary for achieving
compliance;
(f)
Shall direct that compliance be achieved within
the specified period of time; and
(g)
Shall 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 Code Enforcement Officer shall cause the compliance
order or a copy thereof to be served on the owner of the affected
property personally or by registered mail or certified mail.
(3)
The Code Enforcement Officer shall be permitted, but
not required, to cause the compliance order or a copy thereof to be
served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by registered mail or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
C.
The Code Enforcement Officer and each inspector are
authorized to issue appearance tickets for any violation of the Uniform
Code.
D.
In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code, or this article, or any term or condition of any operating
permit, building permit, certificate of occupancy, certificate of
compliance, temporary certificate, stop-work order, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this article, 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 this Village.
E.
Upon authorization by the Village of Canton Board
of Trustees, an action or proceeding may be instituted in the name
of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, or of this article,
or any term or condition of any operating permit, building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, compliance order, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
article.
F.
No remedy or penalty specified in this section shall
be the exclusive remedy or penalty available to address any violation
described in this section, and each remedy or penalty specified in
this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section or in any other section of this article, 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.
A.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All operating permits, buildings permits, certificates
of occupancy, certificates of compliance, temporary certificates,
stop-work orders, compliance orders, and all other notices and orders
issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All fees charged and collected; and
(9)
All rules and regulations promulgated by the Code
Enforcement Officer with the consent of the Village Board of Trustees.
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.
C.
The Code Enforcement Officer shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer, including a summary of all transactions and activities described in Subsection A of this section, and a report and summary of all appeals or litigation pending or concluded.
D.
The Code Enforcement Officer shall annually submit
to the Secretary of State on behalf of the Village Board, on a form
prescribed by the Secretary, a report of its activities relative to
administration and enforcement of the Uniform Code and the Energy
Code.
