Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 5-9-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
Demolition of buildings — See Ch. 69.
Numbering of buildings — See Ch. 71.
Unsafe buildings — See Ch. 75.
Electrical standards — See Ch. 89.
Excavations — See Ch. 93.
Fences — See Ch. 101.
Flood damage prevention — See Ch. 107.
Manufactured housing parks — See Ch. 135.
Subdivision of land — See Ch. 193.
Zoning — See Ch. 229.

§ 67-1 Purpose and intent.

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 Town of Clarence. 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 of this chapter.

§ 67-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to 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.
CODE ENFORCEMENT OFFICER
The person(s) appointed to enforce the Uniform Code, the Energy Code and the codes, laws, rules, and regulations of the Town of Clarence.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
EQUIPMENT
All piping, ducts, vents, control devices and other components of systems other than appliances which are permanently installed and integrated to provide control of environmental conditions for buildings. This definition shall also include other systems specifically regulated in this Code.
OPERATION PERMIT
A permit issued to conduct regulated activities pursuant to § 67-21 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.
OWNER
The person or persons having titled interest in and to real estate owned within the Town of Clarence.
PERSON
An individual, corporation, limited liability company, partnership, limited partnership, firm, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
PROPERTY
A lot, parcel, or tract of land together with the building and structures located thereon permanent or nonpermanent in nature.
STOP-WORK ORDER
An order issued pursuant to § 67-14 of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, and the New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

§ 67-3 Applicability.

This chapter shall provide the basic method for the administration and enforcement of the Uniform Code in the Town of Clarence and shall establish powers, duties and responsibilities in connection therewith. The Uniform Code is adopted by the Town Board, as required by Title 19 of the official compilation of codes, rules and regulations of the State of New York (original adoption by the Board was under L.L. No. 2 of 1985) and § 10 of the Municipal Home Rule Law.

§ 67-4 Designation of Enforcement Officers.

A. 
There are hereby designated in the Town of Clarence public officials to be known as the Code Enforcement Officers who shall enforce the Uniform Code, local laws and ordinances as approved by the Town Board.
B. 
The Code Enforcement Officers shall be appointed by The Town Board. The Code Enforcement Officers shall possess background experience related to building construction and/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 Code Enforcement personnel, and the Code Enforcement Officers shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under.

§ 67-5 Powers and duties of Code Enforcement Officers.

A. 
Except as otherwise provided by law, rule or regulation, the Code Enforcement Officers shall administer and enforce all of the provisions of laws, rules and regulations applicable to the construction, alteration, maintenance, condition and repair of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof.
B. 
They shall promulgate rules and regulations subject to the approval of the Town Board to secure the intent and purposes of this chapter and proper enforcement of the laws, rules and regulations governing building plans, specifications, construction, maintenance, condition, alteration or repairs.
C. 
They shall receive applications, approve or disapprove plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, rules and regulations governing building construction, maintenance, condition, repairs or alterations.
D. 
They shall issue, in writing, all appropriate notices, appearance tickets or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or their agent at the address set forth in the application for permission for the construction, repair, maintenance or alteration of such building and by posting the same upon a conspicuous portion of the premises to which the notice applies. They shall make all inspections which are necessary or proper for the carrying out of their duties, except that they may accept written reports of inspections from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are approved by the Code Enforcement Official.
E. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, rules and regulations covering building construction, maintenance, repair, condition or alteration, they may, in their discretion, accept and rely upon written report of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.
F. 
They shall issue a certificate of occupancy, temporary certificate of occupancy or certificate of compliance, and operating permit in accordance with the provisions of the Uniform Code, which such certificate shall certify that the permitted work conforms to the requirements of the Uniform Code and other applicable laws, ordinances and rules of the Town.

§ 67-6 Records and reports.

The Building Department shall keep permanent official records of all transactions and activities conducted by the Department, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, notices and orders issued, and all rules and regulations promulgated by them with the consent of the Town Board. All such records shall be public records open to public inspection during normal business hours. A monthly report of all permits issued shall be submitted to the Town Board.

§ 67-7 Building permits.

A. 
Building permits shall be required for any work which must conform to the Uniform Code, including but not limited to:
(1) 
New buildings;
(2) 
Accessory buildings;
(3) 
Removal and installation of underground storage tanks;
(4) 
Remodeling of commercial structures affecting firesafety or structural features;
(5) 
A change in occupancy classification;
(6) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(7) 
The replacement or relocation of any building's mechanical equipment;
(8) 
The removal from service of all or part of a fire protection system for any period of time.
B. 
Exceptions:
(1) 
Exceptions are as follows:
(a) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(b) 
Installation of above ground swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(c) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II, or IIIA liquids;
(d) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(e) 
Installation of window awnings supported by an exterior wall of one- or two-family dwelling or multiple single-family dwellings (townhouses);
(f) 
Installation of partitions or movable cases less than five feet nine inches in height;
(g) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(h) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;
(i) 
Repairs, provided that such repairs do not involve the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component.
(2) 
Exemption from the requirement to obtain a permit shall not be deemed as an authorization for work to be performed in violation of the Uniform Code.
(3) 
Building permits shall not be required for necessary repairs and alterations which do not materially affect structural features or firesafety standards. No person shall commence any work for which a building permit is required without first having obtained a building permit from the building department.

§ 67-8 Application for permits.

A. 
Applications for a building permit shall be made to the Building Department on forms provided by the Department and shall contain information as required by the Department.
B. 
The application shall contain any additional requirements set forth in the Zoning Ordinance[1] or such other local laws of the Town of Clarence.
[1]
Editor's Note: See Ch. 229, Zoning.
C. 
The application shall include sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.

§ 67-9 Fees.

A fee schedule shall be established by resolution of the Town Board. 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, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.

§ 67-10 Issuance or disapproval of building permit.

A. 
The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed thereto.
B. 
Upon approval of the application and upon receipt of the required fees therefor, the Building Department shall issue a building permit to the applicant upon the form prescribed by the Code Enforcement Officer and shall affix his signature or cause his signature to be affixed thereto.

§ 67-11 Performance of work.

A. 
A building permit shall be effective to authorize the commencing of work for a period of one year after the date of its issuance. For good cause, the Building Department may renew permits after one year for 50% of the original permit cost if a certificate of completion or certificate of occupancy is not issued. Failure to renew the permit subsequent to the one-year expiration date shall cause the project to be considered abandoned. All improvements, construction, and disturbance of the premises shall be restored to its original condition.
B. 
Work to be in accordance with construction documents. 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. 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.

§ 67-12 Permit revocation.

The Code Enforcement Officer may revoke a building permit therefor issued in the following instances:
A. 
Where the Code Enforcement Officer finds that there has been any false statement or misrepresentation as to a material fact in the applications, plans or specifications on which the building permit was based.
B. 
Where the Code Enforcement Officer finds that the building permit was issued in error and should not have been issued. When a building permit has been issued in error because of incorrect, inaccurate or incomplete information, or the work for which the permit was issued violates the Uniform Code, or the Code of the Town of Clarence, such permit shall be revoked or suspended until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the Code.
C. 
Where the Code Enforcement Officer finds that the work performed under the permit is not being executed in accordance with the provisions of the application, plans or the Uniform Code.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Code Enforcement Officer.

§ 67-13 Inspections liability.

A. 
During the course of permitted construction, the Code Enforcement Officer shall conduct inspections of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air conditioning systems, fire-protection and detection systems and exit features to determine compliance with the Uniform Code. Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. Twenty-four hours is required by permit holders to notify the Building Department when construction work is ready for inspection.
B. 
The Code Enforcement Officer shall be entitled to conduct inspections of the premises prior to the issuance of a certificate of occupancy.
C. 
The Code Enforcement Officer shall be entitled to conduct annual periodic firesafety inspections and property maintenance inspections of areas of public assembly, and periodic firesafety inspections of multiple-family residences, and all nonresidential occupancies at intervals not to exceed three years.
D. 
The Code Enforcement Officer shall be entitled to conduct inspections for property maintenance in response to bona fide complaints regarding conditions or activities allegedly failing to comply with The Uniform Code.
E. 
This code shall not be construed to hold the Town of Clarence or any officers or employees of the Town of Clarence responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment.
F. 
Inspections permitted. In addition to the inspections required by Subsections A through D of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or any inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner or receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist; provided, however, that nothing in this subsection 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.
G. 
The Fire Department chief officer in charge of an emergency shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, appliances or equipment, and any improperly operating safety systems or any other potentially unsafe conditions which may be a violation of the Uniform Code.

§ 67-14 Stop-work orders.

A. 
Authority to issue. 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 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.
B. 
Content of stop-work orders. Stop-work orders shall be in writing; be dated and signed by the Code Enforcement Officer; state the reason for issuance; and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer 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. The stop-work order is to be posted on the affected property. Removal of the stop-work order must be done by the CEO. Removal of a stop-work order by persons other than the CEO shall constitute a violation of this section.
D. 
Effect of stop-work order. 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. 
Remedy not exclusive. 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 this chapter or under any other applicable local law 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.

§ 67-15 Certificate of occupancy; certificate of completion.

A. 
No building or structure hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy or certificate of completion shall have been issued by the Code Enforcement Officer.
B. 
No building or portion of the building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied unless a certificate of occupancy or certificate of completion shall have been issued by the Code Enforcement Officer.
[Amended 2-9-2011 by L.L. No. 1-2011]
C. 
No change shall be made in the use of or occupancy classification of an existing building unless compliance with the applicable sections of the Uniform Code and a certificate of occupancy or certificate of completion authorizing such change shall have been issued by the Code Enforcement Officer and compliance with applicable requirements of the Zoning Laws of the Town of Clarence. The Code Enforcement Officer shall refer all requests for all change in use as herein described to the Town Board for approval prior to issuing a permit. A change in use shall include any change from nonresidential to residential use, any change which increases the number of dwelling units in a building or structure, and changes from agriculture or residential use to a nonagricultural or a nonresidential use.

§ 67-16 Issuance of certificate.

A. 
Subsequent to a final inspection, if it is found that the proposed work has been completed in accordance with the applicable building laws, rules and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall issue the appropriate certificate of occupancy. If it is found that the proposed work has not been properly completed in conformity with the applicable building regulations, a certificate will not be issued.
B. 
The certificate of occupancy or certificate of completion shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, rules and regulations and shall specify the use or uses of the building or portion of the building covered by the issued permit.

§ 67-17 Temporary certificate of occupancy.

A. 
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely provided all fire-protection systems are completed and required means of egress are installed, without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period of time as determined by the Code Enforcement Officer, not to exceed one year from its date of issuance.
B. 
The certificate of occupancy, certificate of completion or temporary certificate of occupancy issued in error or on a basis of incorrect information shall be suspended or revoked if relevant deficiencies are not corrected within a specified period of time as required by the Code Enforcement Officer.

§ 67-18 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, this chapter, or any other local law or regulation adopted for administration and enforcement of the Uniform Code. The process for responding to a complaint shall include one or more of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Perform 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, provide 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 proceed in the manner described in § 67-19, Actions upon violations, of this chapter;
C. 
If appropriate, issue a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, perform an inspection to ensure that the violation has been abated or corrected, prepare a final written report reflecting such abatement or correction, and file such report with the complaint.

§ 67-19 Actions upon violations.

A. 
A person operating, owning, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, this chapter and all orders, stop-work order signage, notices, rules, regulations or determinations issued in connection therewith;
B. 
Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible;
C. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken and shall provide a reasonable time limit for compliance;
D. 
Violation orders may be served by personal service or mailing by registered or certified mail and by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible;
E. 
In case the owner, lessor, occupant, operator, maintainer, agent or any of them shall fail, neglect or refuse to eliminate, remove or abate the violation within the time specified in the violation order, the Code Enforcement Officer shall take the appropriate legal action of the Town of Clarence.

§ 67-20 Penalties for offenses.

A. 
It shall be unlawful for any person or owner to construct, use, maintain, alter, repair, move, equip or occupy any building or structure or portion thereof in violation of any provision of law, as well as any violation of any regulation or rule promulgated by the Code Enforcement Officer in accordance with applicable laws, or to fail in any manner to comply with a notice, stop-work order, directive or order of the Code Enforcement Officer or to construct, alter, use, maintain or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Failure to comply with any provision of the Uniform Code, this chapter, rules and regulations adopted pursuant to this chapter or a stop-work order or violation order duly issued by the Code Enforcement Officer shall be deemed a misdemeanor, and the violator shall be liable for a fine of not more than $1,000 or imprisonment not to exceed one year, or both, and each day such violation shall continue to exist shall constitute a separate violation.
C. 
An action or proceeding in the name of the Town of Clarence may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedies shall be in addition to penalties otherwise prescribed by law. The Code Enforcement Officer is authorized to issue an appearance ticket in connection with any violation of the Uniform Code or this chapter and all local laws and ordinances of the Town of Clarence.
D. 
Injunction relief. An action or proceeding may be instituted in the name of the Town of Clarence, 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, or other notice or order issued by the Code Enforcement Officer 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 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 this Town of Clarence, 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 Town Board of this Town of Clarence.
E. 
Remedies not exclusive. 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 chapter, in § 67-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this chapter 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 § 67-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 381 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.

§ 67-21 Operating permits.

A. 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(1) 
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 Fire Code of New York State (see 19 NYCRR Part 1225);
(2) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Buildings containing one or more areas of public assembly; with a posted occupant load of 100 persons or more;
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by The Town Board;
(6) 
Outdoor special events involving or classified as an area of public assembly.
B. 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation. 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 prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local 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 of the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit as issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended and the activity covered by the operating permit shall cease.

§ 67-22 Severability.

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.

§ 67-23 Program review and reporting.

A. 
The Senior CEO shall submit a monthly written report to the Town Board of Building Department activities, including but not limited to inspections, violations and administrative activities relative to enforcement of the Uniform Code.
B. 
The Senior CEO shall submit to the Department of State, on a form prescribed by the Department of State, a tabulation of department activities in connection with administration and enforcement of the Uniform Code.