[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 7-11-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 62.
Housing standards — See Ch. 93.
Zoning — See Ch. 153.
[Added 6-14-1988 by L.L. No. 1-1988]
This chapter shall apply to fire prevention and building construction administration in the Village of Waverly.
There is hereby designated in the Village of Waverly a public official to be known as the "Superintendent of Buildings," who shall be appointed by the Village Board at a compensation to be fixed by it.
The Village Board may appoint one or more building inspectors, as the need may appear, to act under the supervision of the Superintendent of Buildings and to exercise any portion of his powers and duties. The compensation of such building inspectors shall be fixed by the Village Board.
In the absence of the Superintendent of Buildings or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this chapter.
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 Village of Waverly, except only 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 Superintendent of Buildings shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to fire prevention and 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
He shall receive applications and issue permits for the erection, alteration, removal 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 ensuring compliance with laws, ordinances and regulations governing fire prevention and building construction.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
He shall issue all appropriate notices 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, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering fire prevention and building construction, he 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The Superintendent of Buildings shall keep permanent official records of all transactions and activities conducted by him, 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 Superintendent of Buildings shall annually submit to the Village Board a written report and summary of all business conducted by the Superintendent of Buildings, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Superintendent of Buildings may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over fire prevention and the construction, use or occupancy of buildings or the installation of equipment therein.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, including a swimming pool, or cause the same to be done, without first obtaining a separate building permit from the Superintendent of Buildings for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature. No building permit shall be required for the construction of sidewalks and nonroofed patios.
B. 
Application for building permit.
(1) 
Application for a building permit shall be made to the Superintendent of Buildings on forms provided by him and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done.
(b) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c) 
The valuation of the proposed work.
(d) 
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.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications as set forth in Subsection C of this section.
(g) 
Such other information as may reasonably be required by the Superintendent of Buildings to establish compliance of the proposed work with the requirements of the applicable fire prevention and building laws, ordinances and regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
Applications shall be made by the property owner or the lessee. In the event that the work to be performed is to be performed by a builder, contractor or other person who is not the owner or lessee of the property, it shall be the responsibility of such builder, contractor or other person to obtain a building permit prior to the commencement of any work on the building. The failure of the owner or lessee to apply for and obtain a building permit prior to the commencement of any work on the building shall subject the owner or lessee to the penalty provision contained in § 75-21 of this chapter. In the event that the work to be performed is to be performed by a builder, contractor or other person who is not the owner or lessee of the property, the failure of such person to apply for and obtain a building permit prior to the commencement of any work on the building shall subject such builder, contractor or person to the penalty provision contained in § 75-21 of this chapter.
[Amended 2-11-1986 by L.L. No. 1-1986]
C. 
Additional information required.
(1) 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, the distance from the lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Superintendent of Buildings, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(2) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(3) 
The Superintendent of Buildings may waive the requirement for filing plans.
D. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Superintendent of Buildings.
A. 
The Superintendent of Buildings shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he 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.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved," One set of such approved plans and specifications shall be retained in the files of the Superintendent of Buildings, and the other set shall be returned to the applicant together with the building permit. The building permit shall be posted at the construction site in such a manner as to be visible from the street upon which the building is located.
[Amended 2-11-1986 by L.L. No. 1-1986]
D. 
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 official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Superintendent of Buildings shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Superintendent of Buildings may allow a maximum of two extensions for periods not exceeding three months each.
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.
A. 
Upon the filing of an application for a building permit, fees for demolition, building permits and structural repairs, as set forth from time to time by resolution of the Board of Trustees, shall be payable.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
The fee charged for the building permit shall cover the issuance of a certificate of occupancy, for which there shall be no separate charge.
The Superintendent of Buildings may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he 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 finds that the building permit was issued in error and should not have been issued in accordance with the 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 Superintendent of Buildings.
Whenever the Superintendent of Buildings has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances 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, he shall notify the owner of the property or 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 by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Superintendent of Buildings.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Superintendent of Buildings.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Superintendent of Buildings.
D. 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Superintendent of Buildings an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the depondent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
A. 
Before issuing a certificate of occupancy, the Superintendent of Buildings 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 may conduct such inspections as he 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 applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Superintendent of Buildings shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Superintendent of Buildings 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 30 days after application therefor is made. Failure to act upon such application within 30 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 applicable building laws, ordinances and 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.
Upon request, the Superintendent of Buildings 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 without endangering life or the public welfare.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable fire prevention and building laws, ordinances or regulations, the Superintendent of Buildings may require the same to be subjected to tests in order to furnish proof of such compliance.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Former § 7-20, Unsafe buildings, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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 provisions of this chapter or to fail in any manner to comply with a notice, directive or order of the Superintendent of Buildings 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 Superintendent of Buildings within the time fixed for compliance therewith, 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 this chapter or any lawful order, notice, directive, permit or certificate of the Superintendent of Buildings made thereunder shall be punishable by a fine of not more than $1,000 or by imprisonment for a term not to exceed one-year, or both. Each day that a violation continues shall be deemed a separate offense.
[Amended 6-14-1988 by L.L. No. 1-1988]
C. 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
D. 
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
[Amended 6-14-1988 by L.L. No. 1-1988]
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, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.
[Added 1-13-1998 by L.L. No. 1-1998]
The Treasurer of the Village of Waverly is hereby authorized to file a notice of intention to claim against insurance proceeds with the State Superintendent of Insurance for any fire-damaged buildings within the Village of Waverly.
[Added 1-13-1998 by L.L. No. 1-1998]
The Treasurer of the Village of Waverly is hereby authorized to return to an insured any fire insurance proceeds received by the village under § 75-23 above where the insured agrees in writing to restore the affected premises to the same or an improved condition as the premises existed prior to the filing of the lien with the State Superintendent of Insurance. The proceeds shall be held in escrow by the Village of Waverly pending completion of the work on the affected premises. Proceeds withheld under the preceding section may also be used for the demolition and removal of any buildings which are so extensively damaged that repair of the building is impractical.