[HISTORY: Adopted by the Town Board of the
Town of Shandaken 3-6-2006 by L.L. No. 1-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally
adopted as Ch. 11 but was renumbered to suit the organizational structure
of the Code.
The purpose of this chapter is to provide for
enforcement procedures in the Town of Shandaken of the New York State
Uniform Fire Prevention and Building Code (hereinafter "Uniform Code")
and to regulate the construction and placement of buildings and mobile
homes and to provide for a Building Inspector to enforce the application
of such regulations in harmony with their general purpose and intent.
Unless otherwise provided within this law, state law, or the Uniform
Code, all premises, regardless of use, are subject to the provisions
of this chapter.
There is hereby designated in the Town 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 Town Board may appoint one or more assistants,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his or her powers and duties.
The compensation of such assistants shall be fixed by the Town Board.
In the absence of the Building Inspector or
in the case of his or her inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
one or more persons to act in his or her behalf and to exercise all
of the powers conferred upon him or her by this chapter.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his or her duties or
with the interests of the Building Department, nor shall be or she
during the term of his or her employment be engaged directly or indirectly
in any building business or in the furnishing of labor, materials
or appliances for the construction, alteration or maintenance of a
building, or the preparation or plans or specifications thereof, within
the Town of Shandaken, excepting only that this provision shall not
prohibit any officer or employee from such activities in connection
with the construction of a building or structure owned by him or her
and not constructed for sale.
A.
Except as otherwise specifically provided by law,
ordinance, rule or regulation, or except as herein otherwise provided,
the Building Inspector shall administer and enforce all provisions
of the New York State Uniform Fire Prevention and Building Code and
all other applicable laws, ordinances and regulations applicable to
the construction, alteration, repair, removal, relocation 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.
He or she shall receive applications which shall be
reviewed and, where appropriate, shall issue permits for the erection,
alteration, removal, relocation and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of insuring compliance with the New York State Uniform Fire Prevention
and Building Code and all other applicable laws, ordinances, rules
and regulations governing building construction.
C.
He or she shall issue all appropriate notices or orders
to remove illegal or unsafe conditions, to require the necessary safeguards
during construction, and to insure compliance during the entire course
of construction with the requirements of the New York State Uniform
Fire Prevention and Building Code and such laws, ordinances, rules
or regulations. He or she shall make all inspections that are necessary
or proper for the carrying out of his or her duties, except that he
or she may accept written reports of inspection from officers or employees
of the Building Department or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a reasonable official thereof.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of the New York State Uniform
Fire Prevention and Building Code, applicable laws, ordinances, rules
or regulations covering building construction, he or she may require
the performance of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies.
A.
The Building Inspector shall keep permanent official
records on all transactions and activities conducted by him or her,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports, and notices and orders
issued. All such records shall be public records open to public inspection
during business hours.
B.
The Building Inspector shall annually submit to the
Town Board a written report and summary of all business conducted
by the Building Inspector, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made, and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his or her
duties, the assistance and cooperation of the Police Department and
of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
Permit required; exceptions.
(1)
Except as hereinafter provided, no person, firm, corporation,
association or partnership 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 Building Inspector.
(2)
No permit shall be required for:
(a)
Necessary repairs that do not materially affect
structural features as determined by the Building Inspector;
(b)
Alterations to existing buildings, provided
that the alterations:
[1]
Cost less than $10,000; and
[2]
Do not materially affect structural features;
and
[3]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits; and
[4]
Do not involve the installation or extension
of electrical systems; and
[5]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(c)
Residential storage sheds and other small noncommercial
structures less than 140 square feet which are not intended for use
and are not used by one or more persons as quarters for living, sleeping,
eating or cooking, for example, a small storage building.
B.
Application for a permit.
(1)
The application for a building permit and its accompanying
documents shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the Uniform
Code.
(2)
The form of the permit and application therefor shall
be prescribed by the Building Inspector. The application shall be
signed by the owner (or his or her authorized agent) of the building
and shall contain all of the following:
(a)
The full name and address of the owner, and
if by a corporation, the names and addresses of the responsible officials;
(b)
Identification and/or description of the land
on which the work is to be done;
(c)
A description of use or occupancy of the land
and the existing or proposed building;
(d)
A description of the proposed work;
(e)
Three sets of plans and specifications for the
proposed work, prepared by a licensed architect or professional engineer;
(f)
The required fee.
(3)
The Building Inspector may waive the requirement of
plans and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
(4)
The applicant shall notify the Building Inspector
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work has been determined to conform to the requirements of
the Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein. Amendments, if any, to the
application or to the plans and specifications accompanying the same
shall be filed with the Building Inspector, and approval shall be
received from the Building Inspector prior to the commencement of
such change of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
(2)
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
(3)
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request and good cause shown, be renewed for a period not to exceed
one year, provided that:
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he or she finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based.
B.
Where he or she finds that the building permit was
issued in error and should not have been issued in accordance with
the applicable law.
C.
Where he or she 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.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval by the Building Inspector:
(a)
Prior to enclosing or covering any portion thereof;
and
(b)
Upon completion of each stage of construction,
including but not limited to building location, site preparation,
excavation, foundation, framing, superstructure, waterproofing, footing,
drains, electrical, plumbing, heating, air conditioning, fire protection
and detection systems; and
(c)
Final inspection.
(2)
It shall be the responsibility of the owner, applicant,
or his or her agent to inform the Building Inspector that the work
is ready for inspection and to schedule such inspection.
(3)
Work that requires special inspections during construction
shall be the responsibility of the owner, applicant, or his or her
agent to provide a list of, at his or her expense. A statement of
the special inspections, including a complete list of materials and
work requiring such inspections, and a list of the individuals and
approved agencies shall be provided to the Building Inspector for
the permit application file. The reports of such special inspections
shall be provided to the Building Inspector for the permanent record.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc., and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Fire safety inspections of buildings or structures
having areas of "public assembly," defined as all buildings or portions
of buildings used for gathering together 50 or more persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes, the entire fire
area of which they are a part, and the means of egress therefrom,
shall be performed at least once in every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any time upon:
A.
Any Building Inspector shall be authorized, in the
performance of his or her duties, to conduct inspections of premises,
or parts of premises, at such times and in such manner as the Building
Inspector may find convenient or necessary, with the consent of the
person in possession or occupancy.
B.
If admission is refused or cannot be obtained from
the person in possession or occupancy, the Building Inspector shall
be authorized to obtain a warrant to make an inspection, provided
that reasonable or probable cause is shown.
C.
In case of an emergency, the Building Inspector may,
without a warrant, enter any premises, or parts of premises, to inspect
the same, at any time, without the permission of the person in possession
or occupancy.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the New York State Uniform
Fire Prevention and Building Code, applicable building laws, ordinances,
rules or regulations, or not in conformity with the provisions of
an application, plans or specifications on the basis of which a building
permit was issued, or in an unsafe and dangerous manner, or in the
event that the Building Inspector is refused admission to the premises
to inspect the work, he or she shall notify the owner of the property,
the owner's agent or the person performing the work to suspend all
work, and any such persons shall forthwith stop such work and suspend
all building activities until the stop order has been rescinded. Such
order and notice shall be in writing, shall state the conditions under
which the work may be resumed, and may be served upon a person to
whom it is directed either by delivering it personally to him or her
or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified mail
to the address set forth in the application for the building permit.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy, and he or she may conduct such inspections as he
or she deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections, together with a
record of findings of violations of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the New York State
Uniform Fire Prevention and Building Code, applicable building laws,
ordinances and rules or regulations and also in accordance with the
application, plans and specifications filed in connection with the
issuance of a building permit, the Building Inspector shall issue
a certificate of occupancy upon the form provided by him or her. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 45 days after application therefor is made. Failure
to act upon such application within 45 days shall constitute approval
of such application, and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy had been issued.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the New York State Uniform Fire
Prevention and Building Code, applicable building laws, ordinances
and rules or regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
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, rules
or regulations, the Building Inspector may require the same to be
subjected to tests in order to furnish proof of such compliance.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector 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 or
certificate of occupancy.
B.
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 his or her agents, or any other person
taking part or assisting in the construction or use of any building
who shall violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Building Inspector made thereunder shall be punishable by a fine of
not more than $250 or 15 days in jail, or both. Each day that a violation
continues shall be deemed a separate offense.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises, or to prevent illegal acts, or the
conducting of a business in or about any premises, and these remedies
are in addition to the penalties prescribed in the preceding section.
The Attorney for the Town is authorized to initiate said actions and
proceedings.
In the event that any other portion of the Code
of the Town of Shandaken is in conflict with the provisions of this
chapter, the provisions of this chapter shall supersede said other
provisions of the Code.
This chapter shall take effect upon filing with
the Secretary of State.
