Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fishkill 12-12-2007 by L.L. No. 14-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical inspections — See Ch. 61.
Fire prevention — See Ch. 74.
Flood damage prevention — See Ch. 78.
Extraction of topsoil and natural resources — See Ch. 128.
Stormwater management and erosion and sediment control — See Ch. 130.
Subdivision of land — See Ch. 132.
Zoning — See Ch. 150.
[1]
Editor's Note: This local law also repealed former Ch. 50, Building Construction, consisting of Art. I, Acceptance of State Standards, adopted 6-27-1955, as amended, and Art. II, adopted 9-11-1967, as amended.
This chapter and Chapter 74 provide 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 this Town. 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.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any structure having a roof supported by columns or similar supports or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING INSPECTOR
The Building Inspector appointed pursuant to § 50-3 of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 50-11 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 50-18 of this chapter.
CODE ENFORCEMENT PERSONNEL
The Building Inspector and all inspectors.
COMPLIANCE ORDER
An order issued by the Building Inspector pursuant to § 50-23B this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 50-5 of this chapter.
OPERATING PERMIT
A permit issued pursuant to Chapter 74 of the Code of the Town of Fishkill.[1]
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 50-14 of this chapter.
TOWN
The Town of Fishkill.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
UNSAFE PROPERTY, BUILDING OR STRUCTURE
Any property, building or structure or portion thereof which:
[Added 2-17-2016 by L.L. No. 1-2016]
A. 
Because of its physical condition is or may become dangerous or unsafe to the public because such property, building or structure is unsafe, unsanitary lacks adequate egress, constitutes a fire hazard or is otherwise dangerous to human life, or which constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
B. 
Is open at the doorways or windows or walls or roof, making it accessible to and an object of attraction to minors under 18 years of age, as well as to wild animals, vagrants and other trespassers.
C. 
Is or may become a place of rodent or other animal infestation.
D. 
Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
E. 
Presents any other danger to the health, safety, morals and general welfare of the public.
[1]
Editor's Note: See Ch. 74, Fire Prevention, § 74-5, Operating permits.
There is hereby designated in the Town of Fishkill a public official to be known as the "Building Inspector," who shall be appointed by the Town Board at a compensation to be fixed by it. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
In the absence of the Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building Inspector and to exercise all the powers conferred upon him by this chapter. The Acting Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
One or more Deputy Building Inspectors or Fire Inspectors may be appointed by resolution of the Town Board to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this chapter. Each Deputy Building Inspector or Fire Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Deputy Inspector and Fire Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law of New York State and the regulations promulgated thereunder. The compensation for the Deputy Building Inspectors and Fire Inspectors shall be fixed from time to time by the Town Board.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department, nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Fishkill, except that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter and all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
The Building Inspector shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, and operating permits and to include in building permits, certificates of occupancy, and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter or Chapter 74 of the Code of the Town of Fishkill;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 50-23B of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of this Town;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code or this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter;
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter;
(12) 
To adopt rules, with the consent of the Town Board, to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances and regulations governing building construction;
(13) 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, to require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. The reasonable cost of such tests shall be paid by the owner of the premises in question or the applicant for said permits; and
(14) 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter and Chapter 74 of the Code of the Town of Fishkill.
A. 
The Building Inspector 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 building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 50-10, 50-11, 50-12, 50-13, 50-14, 50-16, 50-17, 50-18, 50-19, 50-22 and 50-25 of this chapter and §§ 74-5, 74-7 and 74-8 of Chapter 74 of the Code of the Town of Fishkill; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
C. 
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 50-8A of this chapter and a report and summary of all appeals or litigation pending or concluded.
D. 
The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
E. 
The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police Department, Fire Department and Health Department and of all municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
Except as otherwise provided in § 50-10B of this chapter, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the erection, construction, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Installation of swings, playhouses, treehouses and other playground equipment associated with a one-or two-family dwelling or multiple single-family dwellings (townhouses);
(2) 
Installation of 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 the ground;
(3) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(4) 
Construction of retaining walls lower than four feet in height unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(5) 
Installation of window awnings supported by an exterior wall of a one-or two-family dwelling or multiple single-family dwellings (townhouses);
(6) 
Installation of partitions or movable cases less than five feet nine inches in height;
(7) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(8) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(9) 
Replacement of any equipment, provided that the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(10) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire-protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in § 50-10B of this chapter shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the land on which the proposed work is to be done, include the Tax Map number and the street address of the premises where the work is to be performed;
(2) 
A statement of the use or occupancy of all parts of the land and the occupancy classification of any proposed or affected building or structure;
(3) 
The valuation of the proposed work;
(4) 
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations;
(5) 
A brief description of the proposed work;
(6) 
Two identical sets of plans and specifications in accordance with § 50-10F;
(7) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(8) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
E. 
Applications shall be made and signed by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
F. 
Each application for a building permit shall be accompanied, where required by the Building Inspector, by duplicate copies of plans and specifications, which i) define the scope of the proposed work; ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and v) include a site plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the location of any existing or proposed well or septic system, the nature and character of the work to be performed and the materials to be incorporated, the distances between the proposed and existing buildings and structures and lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in this section. The Building Inspector may waive the requirement for filling plans and specifications for minor alterations.
G. 
All applications for building permits to construct new single-family houses shall in addition to other applicable requirements of this section, be accompanied by duplicate copies of a map/plot plan drawn to scale and prepared by a licensed land surveyor or professional engineer. This plan shall include at least the following information:
(1) 
Property lines, with metes and bounds.
(2) 
Proposed locations of house, driveway, water supply, and sewage disposal system.
(3) 
Elevations of footings and first-floor living quarters.
(4) 
Topography, including existing and proposed contours.
H. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Inspector prior to the commencement of such change of work.
I. 
Prior to issuance of a building permit for any new building, property corners and footing locations shall be conspicuously marked by a licensed land surveyor or professional engineer for review by the Building Inspector and Highway Superintendent.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code and the Code of the Town of Fishkill. He shall approve or disapprove the application within a reasonable time.
B. 
Except upon a written authorization of the Zoning Board of Appeals, no building permit or certificate of occupancy shall be issued for any building where said erection, construction, enlargement, addition, alteration or moving thereof would be in violation of any of the provisions of Chapter 150. No building permit shall be issued for a use listed in § 150-33A and B as subject to special permit and/or site plan approval except in conformity with the procedures set forth in the applicable sections of Chapter 150.
C. 
If the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code and the Code of the Town of Fishkill, the fees therefor have been paid, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
D. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved" in writing or by stamp. One set of such approved plans and specifications shall be retained in the files of the Building Department, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. 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.
E. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
Expiration of building permits.
(1) 
Commencement of work. Building permits shall expire one year after the date of issuance if the applicant fails to commence the work in accordance with the application as filed with the Building Inspector. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each for the commencement of the work.
(2) 
Completion of work. Building permits shall expire two years after the date of issuance if the applicant fails to complete the work in accordance with the application as filed with the Building Inspector. For good cause shown, the Building Inspector may allow a maximum of one extension for a period not exceeding one year for the completion of work.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications 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 Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
C. 
Building permits shall be prominently displayed on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares and shall remain visible until the authorized work has been completed.
The Building Inspector may revoke or suspend a building permit theretofore issued in the following instances until such time as the permit holder demonstrates that 1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and 2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code:
A. 
Where he finds that there has been any false statement, misrepresentation, incorrect, inaccurate or incomplete information as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the Uniform Code, the Energy Code or other applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
A. 
The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or 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 Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; 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. 
Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Building Inspector;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail, return receipt requested. The Building Inspector shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail, return receipt requested; 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 in § 50-14A, 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 § 50-23 of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
Where it is necessary to make an inspection to enforce the provisions of this Code, the Uniform Code or the Energy Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code, the Uniform Code or the Energy Code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, the Uniform Code and the Energy Code, provided that if such structure or premises be occupied, that entry be requested. If such structure or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided at law and in equity to secure entry.
A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.
A. 
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B. 
The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(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;
(10) 
Any other inspections deemed necessary by the Building Inspector; and
(11) 
A final inspection after all work authorized by the building permit has been completed.
C. 
After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or 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 the Energy Code, reinspected, and found satisfactory as completed.
A. 
The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and the Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector or an inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
B. 
The certificate of occupancy shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance.
A. 
The Building Inspector shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Building Inspector issue a temporary certificate unless the Building Inspector determines that:
(1) 
The building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;
(2) 
Any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and
(3) 
All required means of egress from the building or structure have been provided.
B. 
The Building Inspector may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed three months, which shall be determined by the Building Inspector and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
If the Building Inspector determines that a certificate of occupancy or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other chapter, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection.
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 50-23 of this chapter.
C. 
If appropriate, issuing a stop-work order.
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure, or portion thereof, in violation of any provision of this chapter, of the Uniform Code or of the Energy Code or to construct, alter or use and occupy any building or structure, or part thereof, in a manner not permitted by an approved building permit, certificate of occupancy or certificate of compliance, or temporary certificate of occupancy or temporary certificate of compliance, or to use any property in violation of this chapter, of the Uniform Code or of the Energy Code, or to fail in any manner to comply with a notice, directive or order of the Building Inspector.
[Amended 8-20-2008 by L.L. No. 6-2008]
B. 
Compliance orders.
(1) 
The Building Inspector 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 chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Building Inspector;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e) 
Specify the period of time which the Building Inspector deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
The Building Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered or certified mail. The Building Inspector shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail, return receipt requested; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C. 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punished by a maximum fine of $500. Each day that a violation continues shall be deemed a separate offense.
D. 
The Building Inspector and any inspectors as may be appointed by the Town Board shall have the authority to issue appearance tickets, under Article 150 of the Criminal Procedure Law of this state, for purposes of enforcement of the Uniform Code, the Energy Code and this chapter.
E. 
In addition to those penalties prescribed by the state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, stop-work order, operating permit or other notice or order issued by the Building Inspector pursuant to any provision of this chapter, shall be liable for 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 Town.
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 chapter or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in 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 or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
[Amended 8-20-2008 by L.L. No. 6-2008]
An action or proceeding may be instituted in the name of this Town, 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, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, 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 section shall be commenced without the appropriate authorization from the Town Board.
[Amended 2-17-2016 by L.L. No. 1-2016]
This section is adopted pursuant to § 130, Subdivision 16, of the Town Law, which allows Town Boards to adopt legislation to regulate and control unsafe conditions on properties within the Town that may now be or later become dangerous or unsafe to the public and to provide for remediation, removal or repair in all business, industrial and residential sections of the Town.
A. 
Prohibited acts. It shall be unlawful for any owner, tenant or occupant or mortgagee of any property, building or structure or portion of any building or structure in the Town of Fishkill to maintain such property, building or structure or portion of any property, building or structure in any condition or manner which shall be unsafe as defined in § 50-2 of this chapter.
B. 
Investigation and report. When, in the opinion of either the Building Inspector or Town Engineer, any property, building or structure located in the Town of Fishkill shall be deemed to be an unsafe property, building or structure as defined in § 50-2, the Building Inspector or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the condition of that property, building or structure.
C. 
Action of Town Board upon receipt of report. The Town Board shall, upon receipt of the report, meet to consider the same and shall cause the same to be transmitted to the property's owner, tenant, occupant or mortgagee together with a notice as set forth below. Service of such notice shall be made either personally or by registered mail, addressed to the last known address of the person or persons of the description set forth above. If such service is made by registered mail, a copy of such notice shall be posted on the premises where the unsafe building is situated. The transmittal notice shall include:
(1) 
The name of the owner or person in possession as appears from the tax and deed records. A brief description of the premises and its location.
(2) 
A description of the property, building or structure that has been found to be unsafe or dangerous.
(3) 
The recommendations of the Building Inspector or Town Engineer in regard to the property, building or structure, including recommendations for remediation, removal or repair.
(4) 
Notice that a hearing will be held before the Town Board, at which hearing the owner, occupant or other person having an interest in said premises shall have the right to contest the report of the Town Engineer or Building Inspector.
(5) 
Notice that in the event that such owner, occupant or other person having an interest in said premises shall fail to appear at the hearing or shall fail to demonstrate at the hearing that the property, building or structure is not unsafe, that the Town Board may, at the conclusion of the hearing, order such owner, occupant or other person having an interest in said premises to remediate such unsafe condition or repair or remove such unsafe building or structure. Any such order shall require the property owner to commence such remediation or repair to the property, building or structure or demolish the building or structure within 30 days and to complete such work within 60 days unless the start or completion dates are modified by the Building Inspector or Town Engineer for good cause shown (such as imminent threat or anticipated seasonal change which would make the work's completion unlikely).
(6) 
Notice that in the event that such owner, occupant or other person having an interest in said premises shall fail thereafter to comply with any order of remediation, removal or repair issued by the Town Board within the time set forth in said order, the Town Board may carry out the remediation, repair or removal itself and that the town may, in such case, assess all costs and expenses, including but not limited to legal and engineering expenses incurred in such remediation, repair or removal against the property or may institute a special proceeding against the owner, tenant, occupant or mortgagee to collect the cost of remediation, repair or removal, including all legal and engineering expenses incurred in connection therewith.
D. 
If the Building Inspector finds that there is actual and immediate danger of failure or collapse of a building or structure so as to endanger life, he shall immediately give notice requiring the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building a notice: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT. Such notice shall remain posted until the required repairs are made or demolition has been completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove said notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or demolishing the same.
E. 
Emergencies. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe property, building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition, at the option of the Town Board, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided hereinabove.
F. 
Copies of any notices or orders served as set forth above may also be filed in the office of the Dutchess County Clerk, who shall file such notice in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules. Such notice shall have the same effect as a notice of pendency, except as otherwise provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The County Clerk shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
A. 
All applications submitted pursuant to the Town Building Code shall be accompanied by the applicable fee that shall be used to cover review and administrative costs. The fees shall be set forth in the fee schedule established annually by resolution of the Town Board. The fee schedule shall be available at the Town Hall.
B. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fee paid shall not be refunded.
The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.