A.
There is hereby established in the Town of New Castle a department,
to be designated as the "Building Department," for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders applicable to the location, design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy,
removal and demolition of buildings and structures and their appurtenances
located in the Town of New Castle.
B.
The Building Department shall be headed by a Town official designated
as the "Building Inspector."
The Building Inspector shall be appointed by the Town Board
to serve at the pleasure of the Board at compensation to be fixed
by the Town Board.
The Town Board may appoint one or more Assistant Building Inspectors,
as the need may appear, to exercise, pursuant to the provisions of
this chapter, any or all of the duties of the Building Inspector.
The compensation of such Assistant Building Inspectors shall be fixed
by the Town Board.
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, during the term of his or
her 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 New Castle,
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 or her.
No official or employee of the Building Department shall, while
acting pursuant to the provisions of this chapter, be personally liable
for any damage that may accrue to persons or property as the result
of any act required or permitted in the discharge of his or her official
duties, provided that such acts are performed in good faith and without
gross negligence.
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 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 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 building construction.
C.
The Building Inspector 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 or she shall make all inspections which 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 Assistant Building
Inspectors or other employees of the Building Department or from generally
recognized and authoritative service and inspection bureaus, provided
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 building construction, the Building Inspector may require,
at the expense of the applicant, the performance of tests in the field
by experienced professional persons or by accredited and authoritative
testing laboratories or service bureaus or agencies.
E.
The Building Inspector and Assistant 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 each shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
F.
Dereliction of any duty or errors on the part of the Building Inspector
shall not legalize any violation of this chapter and the Codes of
the State of New York. The issuance of a building permit shall not
be construed as authority to violate, cancel or set aside any part
of this chapter and the Codes of the State of New York.
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, Fire and Health Departments or officers
and of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
Where the building permit shall relate to property having frontage
on a Town-owned road, the Building Inspector, as a condition of issuing
the permit, may require the deposit with the Town Clerk of cash or
bond approved by the Town Attorney in such sum, to be computed at
a rate as set forth by resolution of the Town Board in the Master
Fee Schedule, which may be amended, as will reasonably compensate
the Town for any damage to the shoulders, paved gutters and curbs
or any other property in the Town's right-of-way along said frontage
which might result from the work done by virtue of said permit and
which shall not have been repaired to the satisfaction of the Building
Inspector at the time the certificate of occupancy is issued. Any
part of said deposit not necessary for such compensation shall be
returned to the depositor.
A.
Unless otherwise provided, the Building Inspector, Assistant Building
Inspector and any other person designated by the Town Board for the
purpose shall enforce the provisions of this chapter and any rules
and regulations made or as may be made in furtherance thereof. The
Building Inspector and Assistant Building Inspector are code enforcement
officials as defined in the Codes of the State of New York. For enforcement
purposes, such person may, from time to time, inspect any such building,
structure or premises.
B.
In addition to Town police officers, the Building Inspector and Assistant
Building Inspector are hereby designated as persons authorized to
issue and serve appearance tickets, as provided by Article 150 of
the Criminal Procedure Law.
C.
The Building Inspector and Assistant Building Inspector are 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, this chapter or Chapter 60 of the Code of the Town of New Castle. Upon finding that any such condition or activity exists, the Building Inspector shall issue a notice of violation. The notice of violation shall:
(1)
Be in writing;
(2)
Be dated and signed by the Building Inspector or Assistant Building
Inspector;
(3)
Specify the condition or activity that violates the Uniform Code,
the Energy Code, or chapter of this Code;
(4)
Specify the provision or provisions of the Uniform Code, the Energy
Code, or chapter of this Code which is/are violated by the specified
condition or activity;
(5)
Specify the period of time which the Building Inspector or Assistant
Building Inspector deems to be reasonably necessary for achieving
compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and
(7)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
D.
The Building Inspector shall cause the notice of violation, or a
copy thereof, to be served on the owner of the affected property personally
or by registered mail. The Building Inspector shall be permitted,
but not required, to cause the notice of violation, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by registered mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the notice of violation.
No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of Chapter 60, except as permitted under § 60-540D(2). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of Chapter 60 shall be null and void.
[Amended 12-19-2017 by L.L. No. 1-2018; 12-6-2022 by L.L. No. 15-2022]
A.
Except as otherwise provided in Subsection B of this section, 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 construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a building system, solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person, firm, corporation or other entity shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
No building permit shall be required for work in any of the following
categories:
(1)
Installation of swings and other manufactured playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (such as 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 aboveground.
(3)
Installation of fences which are not part of an enclosure surrounding
a swimming pool.
(4)
Construction of temporary motion picture, television and theater
stage sets and scenery.
(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 the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
(10)
Repairs, provided that such repairs do not have an impact on
fire and life safety, such as: i) any part of the structural system,
such as any structural beam or load-bearing component; ii) the required
means of egress, or the rearrangement of parts of a structure in a
manner which affects egress; or iii) the fire protection system or
the removal from service of all or part of a fire protection system
for any period of time.
C.
The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or any applicable provisions of the Code of the Town of New Castle. No person, firm or corporation shall commence construction of new buildings, additions to existing buildings or renovation, alteration, reconstruction, change in occupancy or use of buildings, and/or relocation of existing buildings without first obtaining the required permits from the Building Inspector.
D.
There shall be no clearance or excavation made therefor or work begun
thereon, nor shall blasting occur, until a permit therefor has been
issued by the Building Inspector. Where blasting will take place,
before a permit may be issued therefor, the applicant shall submit
to the Building Inspector such information as may be required by the
Building Inspector to determine the impact of such blasting on the
surrounding property. Such information may include a pre-blast survey,
test blast results and a blasting plan, as well as any other information
reasonably required by the Building Inspector. Where deemed appropriate
and necessary, the Building Inspector may establish a level and frequency
of charges and blasts based upon all information submitted in accordance
with the provisions of this chapter.
E.
Application. Before any building permit shall be issued, written
application therefor shall be made on official Town forms signed by
the fee owner of the property or an authorized agent of the owner.
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 and all applicable provisions
of the Code of the Town of New Castle. The application shall include
or be accompanied by the following information and documentation:
(1)
A description of the location, nature, extent and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code;
(5)
At least two sets of construction documents (drawings and/or specifications)
drawn to scale which: i) describe the location, nature, extent and
scope of the proposed work; ii) show that the proposed work will conform
to the applicable provisions of the Uniform Code, Energy Code and
Town Code; iii) show the location, construction, size and character
of all portions of the same means of egress; iv) show a representation
of the building thermal envelop; v) show structural information including
but not limited to braced wall designs, the size, section and relative
locations of structural members, design loads and other pertinent
structural information; vi) show the proposed structural, electrical,
plumbing, mechanical, fire-protection and other service systems of
the building; vii) include a written statement indicating compliance
with the Energy Code; viii) evidence that the documents were prepared
by a licensed and registered architect in accordance with Article
147 of the New York State Education Law or a licensed and registered
professional engineer in accordance with Article 145 of the New York
State Education Law and practice guidelines, including but not limited
to the design professional's seal which clearly and legibly shows
both the design professional's name and license number and is signed
by the design professional whose name appears on the seal in such
a manner that neither the name nor the number is obscured in any way,
the design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if documents
are submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's Certificate of Authorization number;
(6)
Except in the case of an application for signs, two copies of a site
plan, drawn to scale, showing: i) the actual slope and dimensions
of the lot to be built upon; ii) the exact size and location of all
new construction on the lot and any existing buildings or structures
that shall remain; iii) the existing and intended use of each building
or part of the building; iv) the number of families that the building
is designed to accommodate; v) the nature of the improvement; vi)
the estimated cost and the intended use or purpose to be made of the
improvement and premises; vii) the extent and location of any blasting
required and the blaster's name and blaster's address and New York
State license number; viii) the distances between the buildings and
structures and the lot lines; ix) the established street grades and
the proposed finished grades; x) as applicable, flood hazard areas,
floodways, and design flood elevations; and xi) such other information
with regard to the lot and neighboring lots that may be necessary
to determine and provide for the enforcement of the Uniform Code,
the Energy Code and the Code of the Town of New Castle. The site plans
shall be prepared by a licensed and registered architect in accordance
with Article 147 of the New York State Education Law or a licensed
and registered professional engineer in accordance with Article 145
of the New York State Education Law and practice guidelines, including
but not limited to the design professional's seal which clearly and
legibly shows both the design professional's name and license number
and is signed by the design professional whose name appears on the
seal in such a manner that neither the name nor the number is obscured
in any way, the design professional's registration expiration date,
the design professional's firm name (if not a sole practitioner),
and, if documents are submitted by a professional engineering firm
and not a sole practitioner professional engineer, the firm's Certificate
of Authorization number. One copy of such plan shall be returned to
the owner, either in person or by mail, when such plans shall have
been approved by the Building Inspector; and
(7)
All building permit applications for construction of any single building in excess of 20,000 square feet or construction within an MF Zone or for projects for which a special permit under § 60-430O(9) (MFDRD) has been issued by the Planning Board shall be accompanied by an affidavit by the owner that the services of a New York State licensed professional engineer or registered architect will be retained for regular and periodic inspections of construction.
F.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection E(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. 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.
G.
Prior to the issuance of a building permit, the following approvals
must be obtained.
(3)
No building permit shall be issued for a use listed in § 60-410D(12) or 60-410D(13) of the Code of the Town of New Castle as requiring a sign permit, except in conformity with the provisions of § 60-410D of the Code of the Town of New Castle.
(4)
No building permit shall be issued until such time as all necessary
permits have been obtained from any other federal, state or local
governmental agencies from which prior approval is required. The Building
Inspector shall review the proposed action to assure that all necessary
permits have been received from governmental agencies as required
by federal and state law, including § 404 of the Federal
Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334.
(5)
The Building Inspector, upon consultation with the Town Engineer or Deputy Town Engineer, shall review all building permit applications for new construction and substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If the proposed building site is in an area of special flood hazard, compliance with Chapter 70, Flood Damage Prevention, shall also be required prior to the issuance of a building permit.
(6)
The Building Inspector shall require, as a condition to the issuance
of the building permit, any additional measures which the Building
Inspector determines are necessary to comply with the requirements
of the Uniform Code, Energy Code and applicable provisions of the
Code of the Town of New Castle.
H.
An application for a building permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements
of the Uniform Code, Energy Code and applicable provisions of the
Code of the Town of New Castle. The Building Inspector shall issue
a building permit if the proposed work is in compliance with the applicable
requirements of the Uniform Code, Energy Code, provisions of this
chapter and any other applicable provisions of the Code of the Town
of New Castle.
I.
Each building permit shall, among other things, briefly describe
the premises, the nature of the improvement, the estimated cost and
the intended use or purpose to be made of the improvement and premises
and shall contain a statement that all work shall be performed in
accordance with the construction documents and site plan which were
submitted with and accepted as part of the application for the building
permit. It shall bear the date of issuance, the expiration date of
the building permit and be signed by the official issuing the same.
No building, land or premises shall be occupied or used for any purpose
other than that stated in the permit.
J.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
K.
All work shall be performed in accordance with the construction documents
and site plan which were submitted with and accepted as part of the
application for the building permit. 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.
L.
The Building Inspector may revoke or suspend a building permit theretofore issued and approved 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, the Energy Code and any applicable provisions of the Code of the Town of New Castle, including, without limitation, Chapter 60; and 2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code and any applicable provisions of the Code of the Town of New Castle:
(1)
Where he or she finds that there has been any incorrect, inaccurate
or incomplete information in the application or false statement or
misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2)
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.
(3)
Where he or she finds that the work performed under the permit is
not prosecuted in accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop-work order issued by the Building
Inspector.
(5)
Where work for which a building permit was issued violates the Uniform
Code or the Energy Code, or any applicable provisions of the Code
of the Town of New Castle.
[Amended 12-6-2022 by L.L. No. 15-2022]
A.
Work shall remain accessible and exposed until inspected and accepted 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)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building, 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)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote inspections. At the discretion of the Building Inspector,
a remote inspection may be performed in lieu of an in-person inspection
when, in the opinion of the Building Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Building
Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Building Inspector with sufficient
information to determine compliance with the Uniform Code and Energy
Code, an in-person inspection shall be performed.
D.
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, Energy
Code or any other applicable provision of the Code of the Town of
New Castle, including a citation to the specific code provision(s)
that have not been met. Work not in compliance with any applicable
provision of the Uniform Code, Energy Code or any other applicable
provision of the Code of the Town of New Castle shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the Uniform Code, the Energy Code and any applicable
provisions of the Code of the Town of New Castle, reinspected, and
found satisfactory as completed.
E.
Upon completion of the foundation walls of a building, the owner
or his or her authorized agent shall submit to the Building Inspector
a certified plot plan, prepared by an engineer or land surveyor licensed
to practice in the state, showing the location of such foundation
walls, the proposed building area on the lot, the elevation, in relation
to mean sea level, of the lowest habitable floor, including basement,
of all new or substantially improved structures, whether or not such
structures contain a basement, and, if the structure is to be floodproofed,
the elevation, in relation to mean sea level, to which the structure
will be floodproofed. The Building Inspector shall maintain a record
of all such information. No building shall thereafter be constructed
above the foundation walls until said certified plot plan has been
approved by the Building Inspector as complying with the pertinent
provisions of this chapter.
[Amended 12-19-2017 by L.L. No. 1-2018]
A.
A building permit issued for a single-family residence shall be void if construction is not started within a period of six months and completed within a period of 12 months from the date of said permit. A building permit issued for other than a single-family residence shall be void if construction is not started within a period of 12 months and completed within a period of two years from the date of said permit. Upon completion of construction, an application for certificate of occupancy shall be made to the Building Inspector, in accordance with the provisions set forth in § 48-7.
[Amended 12-6-2022 by L.L. No. 15-2022]
B.
The Building Inspector may, if good and sufficient cause for delay
is shown, grant one or more extensions of a permit for a period not
to exceed six months. The Building Inspector may attach such other
terms and conditions to any extension or successive permit as he or
she deems necessary and appropriate to further the purposes and intent
of this chapter.
C.
If all construction, including all interior and exterior construction, and final grading in accordance with the approved plans, is not completed within said period and an application for certificate of occupancy made or if the building permit is not extended, the Building Inspector shall notify the owner, by registered mail, to complete or remove the incomplete structure and to remove all building equipment, building materials and other materials from the property so as to bring the property into compliance with § 60-420D(3) and all other applicable requirements of this chapter and the Code of the Town of New Castle. If the owner fails, refuses or neglects within a reasonable time after receipt of said notice to complete or remove the incomplete structure or the building equipment, building materials or other materials on the property, or to complete the final grading, the Town may do so, and the cost thereof shall be assessed against the property and added to the next Town tax bill. If a building permit shall expire, no new building permit shall be issued until the requirements of this section with respect to the building permit which has expired have been fully complied with. In addition to any other remedies available to the Town of New Castle, failure to comply with a notice to complete or remove a structure or to remove equipment and building materials, including final grading, shall constitute a separate offense for each day there is noncompliance with such an order.
The issuance of a building permit shall not be deemed to authorize
the construction, erection, location or use of any temporary structure
nor the storage of any building equipment, building materials or other
materials or the location or use of a dumpster or bin for refuse and
garbage other than those temporary structures and items of equipment
and materials needed for construction work actually in progress or
immediately upcoming and only in locations as shown on a site plan
or subdivision approved by the Planning Board. Upon completion of
each stage of construction, all temporary structures, equipment and
materials no longer necessary for the completion of the permitted
structure or site development shall be promptly removed.
A.
The Building Inspector and Assistant Building Inspector are 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 or Assistant Building Inspector to be contrary to any applicable provision of the Uniform Code, the Energy Code or the Code of the Town of New Castle, including, without limitation. Chapter 60, 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 or Assistant 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;
or
(4)
Any work that is not in conformity with the provisions of the application,
plans or specifications on the basis of which a building permit was
issued.
C.
The Building Inspector or Assistant 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 registered mail. The Building
Inspector or Assistant 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 registered mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order.
D.
Upon the issuance of a stop-work order, the owner of the affected
property, the permit holder and any other person performing, taking
part in or assisting in the work shall immediately cease all work
which is the subject of the stop-work order.
E.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described 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 § 48-50 of 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.
A.
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.
B.
Application for certificate of occupancy shall be made by the fee
owner or the fee owner's authorized agent on appropriate forms which
must be obtained from the Building Inspector. Such application shall
be accompanied by a certificate of completion issued by the Westchester
County Health Department when a septic system has been constructed;
a certificate of inspection issued by the Town's electrical inspector
or a qualified electrical inspection agency approved by the Town for
all electrical work; an "as-built" survey of the property signed by
a licensed land surveyor; as well as all other required certificates
of completion from state, county or local agencies having jurisdiction.
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:
[Amended 12-6-2022 by L.L. No. 15-2022]
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Within 10 days of receipt of a completed application, the Building
Inspector shall act thereon by either issuing the certificate or by
denying the application. In the event of such denial, the specific
reasons therefor shall be stated on the application. The Building
Inspector's written decision shall be delivered forthwith, either
personally or by certified mail, to the applicant. The Building Inspector
shall inspect the building, structure or work prior to the issuance
of a certificate of occupancy. 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, the Energy Code and any applicable provisions
of the Code of the Town of New Castle and, if applicable, that 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, the Energy Code
and any applicable provisions of the Code of the Town of New Castle.
D.
A 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 and the date of issuance
of the certificate of occupancy.
E.
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: 1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; 2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and 3) that all required means of egress from the building or structure have been provided. The Building Inspector may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A temporary certificate shall be effective for a period of time, not to exceed 90 days, as determined by the Building Inspector. Temporary certificates of occupancy may be reissued at the discretion of the Building Inspector for an additional ninety-day period upon the payment of a second application fee as specified in accordance with § 48-21 of this chapter, provided that such temporary occupancy or use would not jeopardize health, life or property. 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, the Energy Code and the applicable provisions of this Town Code. The temporary certificate shall specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate, and any special terms or conditions of such occupancy that the authority having jurisdiction may deem to be appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. The temporary certificate shall include the information set forth in Subsection D of this section.
[Amended 12-6-2022 by L.L. No. 15-2022]
F.
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.
G.
No certificate of occupancy shall be issued in the event that a change in occupancy or use would require an increase in the number of off-street parking or loading spaces beyond that required for the previous use, unless development plan approval in accordance with the standards and procedures in § 60-440 of Chapter 60 has been obtained.
H.
No certificate of occupancy shall be issued for a special project within an MF Zone as set forth in Chapter 60 or for projects for which a special permit under § 60-4300(9) (MFDRD) has been issued by the Planning Board unless an affidavit has been filed by an engineer or architect duly licensed by the State of New York that he or she has made regular and periodic inspections of construction work as set forth in § 48-12E(7) of this chapter.
I.
A certificate of occupancy or use shall be deemed to authorize, and
is required for, initial, continued or changed occupancy and use of
the building or land to which it applies. It shall continue in effect
as long as such building and the use thereof and the use of land is
in full conformance with the provisions of this chapter and any requirements
made in connection therewith at the time of the issuance thereof.
The details of any plan or site plan approved by the Town Board, Planning
Board or Zoning Board of Appeals acting under the terms of the Code
of the Town of New Castle, and any conditions attached to such approval,
shall be deemed to be such requirements.
The chief of any fire department providing fire-fighting services
for a property within the Town shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
[Amended 12-6-2022 by L.L. No. 15-2022]
A.
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(1)
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e)
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire by-products or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law Section 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle.
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(7)
Parking garages;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees.
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.
C.
An application for an operating permit shall be in writing on a form
provided by or otherwise acceptable to the Building Inspector. Such
application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Building Inspector 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 Building Inspector, at
the expense of the applicant.
D.
The Building Inspector or Assistant Building Inspector shall inspect
the subject premises prior to the issuance of an operating permit.
Such inspections shall be performed either in person or remotely.
Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the Building Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspections shows to the satisfaction of the Building
Inspector that the premises conform with the applicable requirements
of the Uniform Code and the Town Code. Should a remote inspection
not afford the Town sufficient information to determine compliance
with the Uniform Code and the Town Code, an in-person inspection shall
be performed. After inspection, the premises shall be noted as satisfactory
and the operating permit shall be issued, or the operating permit
holder shall be notified as to the manner in which the premises fail
to comply with either or both of the Uniform Code and the Town Code,
including a citation to the specific provision(s) that have not been
met.
E.
In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time,
consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
G.
If the Building Inspector determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
[Amended 12-6-2022 by L.L. No. 15-2022]
A.
The Town Board of the Town of New Castle may appoint a person to
act as Fire Marshal for a two-year term to commence upon the biennial
seating of a new Town Board. Fire safety and property maintenance
inspections of buildings and structures shall be performed by the
Fire Marshal, if there be one appointed, or if not, the Building Inspector
or other code enforcement officer designated by the Building Inspector
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied as public and private schools and colleges,
including any buildings of such schools or colleges containing classrooms,
dormitories, fraternities, sororities, laboratories, physical education,
dining or recreational facilities, shall be performed at least once
every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
At the discretion of the Building Inspector, a remote inspection
may be performed in lieu of in-person inspections when, in the opinion
of the Building Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Building Inspector that
the premises conform with the applicable provisions of 19 NYCRR Parts
1225 and 1226, and the publications incorporated therein by reference.
Should a remote inspection not afford the Building Inspector sufficient
information to determine compliance, an in-person inspection shall
be performed.
C.
In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector, or other code enforcement officer as may be designated by the Building Inspector to perform such inspections, at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or the Energy Code exist; or
(3)
Receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or the Energy 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.
D.
Nothing in this section or in any other provision of this chapter
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
E.
Notwithstanding any other provision of this section to the contrary,
the Building Inspector may accept an inspection performed by OFPC
or other authorized entity pursuant to Sections 807-a and 807-b of
the Education Law and/or Section 156-e of the Executive Law, in lieu
of a fire safety and property maintenance inspection performed by
the Building Inspector, provided that:
(1)
The Building Inspector is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(2)
The Building Inspector is satisfied that such inspection covers all
elements required to be covered by a fire safety and property maintenance
inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Building Inspector; and
(5)
Upon receipt of each such report, the Building Inspector takes the
appropriate action prescribed by this article.
A.
Fees. There shall be a fee charged in connection with the administration
and enforcement of this chapter for each of the following applications
in such amounts as set forth by resolution of the Town Board in the
Master Fee Schedule, which may be amended, and as further set forth
below:
[Amended 11-27-2012 by L.L. No. 6-2012]
(1)
There shall be a fee for each building permit, amended building permit,
renewed building permit, certificate of occupancy, temporary certificate
of occupancy, operating permit, fire safety and property maintenance
inspection, construction inspection, and such other action of the
Building Department described in or contemplated by this chapter.
(2)
Upon completion of the work, the applicant shall file with the Building
Inspector an affidavit of actual cost, as computed in accordance with
the rules of the Building Department, and shall pay any excess fee
thereby shown to be due.
(3)
In the event that an application for a building permit is not approved
or if approved and thereafter abandoned, the applicant shall be entitled
to a refund of 50% of the fee paid, provided that no construction
has been commenced.
(4)
Upon application for a building permit for any construction already
begun or completed, an administrative fee shall be charged which shall
be three times the current rate, as set forth in the Master Fee Schedule,
for such permit made in advance. In determining the building permit
fee, the Building Department shall estimate the cost of construction
using current costs. In the event of any dispute, the applicant may
submit bills for construction as originally performed, or any other
evidence acceptable to establish the applicant's basis for federal
income tax purposes, and these shall then be increased in proportion
to the increase in the consumer price index from the date of construction
to the current date. The results of such a calculation will replace
any other estimates made by the Building Department.
(5)
No fee otherwise required by this section shall be collected from
the Town of New Castle, any water, fire, sewer or improvement district
of said Town (including any joint district or any district in two
or more towns), or any school district, whether such district is located
either wholly or in part within the boundaries of the Town of New
Castle.
B.
Search of records. There shall be a fee charged as set forth by resolution
of the Town Board in the Master Fee Schedule, which may be amended,
for any search of Town building records.
C.
Copy of building permit or certificate of occupancy. A copy of a
certificate of occupancy or use shall be furnished, upon request,
to any person having a proprietary or tenancy interest in the building
affected. There shall be a fee charged as set forth by resolution
of the Town Board in the Master Fee Schedule, which may be amended,
for a copy of any building permit or any certificate of occupancy
on file.
D.
Letter for structures that predate Town records. There shall be a
fee charged as set forth by resolution of the Town Board in the Master
Fee Schedule, which may be amended, for a letter from the Town stating
that a building predates existing Town records. This fee shall include
the necessary search.
E.
Demolition permits. Demolition permits shall be issued upon application
to the Building Inspector on forms adopted by the Building Inspector
and upon payment of a fee as set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended. Such permits, in
the discretion of the Building Inspector, may be issued subject to
specific conditions being fulfilled.
F.
Statement of no violations. There shall be a fee charged as set forth
by resolution of the Town Board in the Master Fee Schedule, which
may be amended, for a letter from the Town stating that there are
no violations. This fee shall include the necessary search.
G.
Refund of fee.
(1)
If construction is authorized by a duly issued building permit and
is not commenced within one year of issuance, the Building Department
shall give written notice by registered or certified mail, return
receipt requested, to the applicant at his or her last known address
that said building permit has expired and that the applicant is entitled
to a refund of 50% of the fee paid for such permit if the same is
claimed within six months of the notice given hereunder.
(2)
If the applicant does not claim the refund as provided in the preceding
subsection, at the expiration of six months after due notice has been
given, the entire fee paid for such building permit shall be deemed
forfeited and thereafter transferred to the general fund of the Town
of New Castle.
A.
All buildings or structures which may now be or shall hereafter become
dangerous or unsafe to the public or are otherwise dangerous to human
life are hereby declared to be illegal and shall be abated by repair
and rehabilitation or by demolition in accordance with the procedure
set forth in this section.
B.
The Building Inspector shall examine or cause to be examined every
building reported as unsafe or damaged and shall make a written report
of such examination, a copy of which shall be filed with the Town
Board.
C.
Whenever the Building Inspector shall find any building or structure
or portion thereof to be unsafe or dangerous, he or she shall, in
the manner and form provided in § 130, Subdivision 16, of
the Town Law, give the owner, his or her legal representative, agent
or lessee or the person in control of such building or structure written
notice personally or by registered mail containing a description of
the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order requiring same to
be made safe and secure or removed within a stated time. Such correction
of the unsafe condition shall be started within five days from receipt
of such notice and shall be completed with all reasonable dispatch.
D.
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require 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
official. 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 is completed. It shall be unlawful for any person, firm
or corporation or its agents or other servants to remove such 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 of demolishing the same.
E.
In case the owner, his or her legal representative, agent or lessee
or the person in control shall fail, neglect or refuse to comply with
the notice to repair, rehabilitate or demolish and remove said building
or structure or portion thereof, the Building Inspector shall report
the same to the Town Board, which shall name an architect. Such architect,
together with the Building Inspector and, if the person notified as
hereinafter provided shall so desire, a practical builder, engineer
or architect appointed by such person, shall make a survey of the
premises and a report thereon. Notice of the intention to make such
survey shall be given personally or by registered mail to the owner,
his or her legal representative, agent or lessee or the person in
control of the building or structure; and such notice shall state
that in the event the building or other structure shall be reported
unsafe or dangerous under such survey, an application will be made
at a special term of the Supreme Court in the Ninth Judicial District
for an order determining the building or other structure to be a public
nuisance and directing that it shall be repaired and secured or taken
down and removed. The Building Inspector shall post a signed copy
of the report of the survey on the building.
F.
In case of emergency which, in the opinion of the Building Inspector,
involves imminent danger to human life or health, he or she shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he or she may at once enter such
structure or land on which it stands, or abutting land or structure,
with such assistance and at such cost as may be necessary. He or she
may vacate adjacent structures and protect the public by appropriate
barricades or such other means as may be necessary, and for this purpose
he or she may close a public or private way.
G.
Costs, including the reasonable compensation of the architect incurred under Subsections E and F of this section, shall be paid by the Town of New Castle on certificate of the Building Inspector. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure a building or structure, including the cost of actually removing or securing said building or structure, shall be assessed against the land on which said building or structure is located and, if not paid at or prior to the levy of the next succeeding Town tax, shall be extended by the Supervisor against such property in addition to the Town tax to be levied thereon.
The Building Inspector or Assistant 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 or this chapter, any applicable provision of the Code of the Town of New Castle, including, without limitation, Chapter 60, or any other local law 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 this chapter.
C.
If appropriate, issuing a stop-work order.
D.
If a violation which was found to exist is alleged to be abated or
corrected, performing an inspection to ensure that the violation has
been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by the Building Inspector and
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 violations of this chapter and the Code of the Town of New Castle,
whether reported by private citizens or by any board, agency, officer
or employee of the Town, and such record shall show the disposition
of all such alleged violations;
(9)
All other features and activities specified in or contemplated by
this chapter; and
(10)
All fees charged and collected.
A.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of the Town, on a form prescribed by the Secretary
of State, a report of the activities of the Town relative to administration
and enforcement of the Uniform Code.
B.
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 the Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of the Town in connection with administration
and enforcement of the Uniform Code.
C.
The Building Inspector shall make a report to the Town Board, in
writing, at least once each month, reporting the number and type of
building permits and certificates of occupancy issued and listing
all reported and continuing violations of this chapter and the disposition
or pending action of such violations.
[Added 12-6-2022 by L.L.
No. 15-2022]
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purpose of this section, the following definitions
shall apply:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening disintegration, corrosion, rust, or decay of
any structural element or building component, or any other loss of
effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
A professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments - general requirements.
(1)
The owner/operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section.
(2)
Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of this
section that has not undergone an initial condition assessment prior
to that effective date shall undergo an initial condition assessment
within six months of the adoption this section.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Town within 30 days of the condition assessment.
Such condition assessment report shall be sealed and signed by the
responsible professional engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or she
reviewed all previously prepared condition assessment reports available
for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in
their professional judgment.
G.
Review condition assessment reports.
(1)
The Town shall take such enforcement action or actions in response
to the information in such condition assessment report as may be necessary
or appropriate to protect the public from the hazards that may result
from the conditions described in such report. In particular, but not
by way of limitation, the Town shall, by notice of violation or such
other means of enforcement as the Town may deem appropriate, require
the owner or operator of the parking garage to repair or otherwise
remedy all deterioration, all conditions that cause deterioration,
and all unsafe conditions identified in such condition assessment
report.
(2)
All repairs and remedies shall comply with the applicable provisions
of the Uniform Code. This section shall not limit or impair the right
of the Town to take any other enforcement action, including but not
limited to suspension or revocation of a parking garage's operating
permit, as may be necessary or appropriate in response to the information
in a condition assessment report.
H.
The Town shall retain all condition assessment reports for the life
of the parking garage. Upon request by a professional engineer who
has been engaged to perform a condition assessment of a parking garage,
and who provides the Town with a written statement attesting to the
fact that he or she has been so engaged, the Town shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Town shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making
such previously prepared condition assessment reports (or copies thereof)
available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Town:
(1)
To perform such construction inspections as are required by the Uniform
Code or this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections
as are required by this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Town by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
[Added 12-6-2022 by L.L.
No. 15-2022]
A.
The Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
Town as required by the Uniform Code. Such determinations shall be
made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
[Added 9-5-2023 by L.L. No. 4-2023]
A.
The following buildings shall be equipped with a Knox-Box®, or such other lockbox device as approved by
the Building Inspector, at or near the main entrance thereto or such
other location as determined by the Building Inspector or his/her
designee:
(1)
Buildings used for a commercial or industrial use.
(2)
Places of assembly, as defined in the Uniform Code and/or Fire Code
of the State of New York.
(3)
Nursing homes.
(4)
Gatehouses controlling vehicular access to residential subdivisions
from any public road.
(5)
Any residential property having a security gate that controls vehicular
access thereto from any public road.
(6)
Schools and day-care facilities.
(7)
Houses of worship.
(8)
Multifamily residential structures consisting of three or more dwelling
units that have restricted access through locked doors and have a
common corridor for access to the living units therein.
B.
Except as otherwise stated in § 48-28A(5), all single- and two-family homes, and accessory buildings thereto, shall be exempt from the requirements of this section.
C.
All newly constructed buildings subject to this section shall have
a Knox-Box® installed and operational
prior to the issuance of a certificate of occupancy by the Building
Department. All preexisting buildings subject to the requirements
of this section shall install an operational Knox-Box® within 120 days of the effective date hereof. Failure to comply with this section shall be punishable pursuant to § 48-50 of this chapter.
D.
The cost of purchasing, installing, and maintaining a key Knox-Box® along with any costs associated with implementation
of a Knox-Box® program at the property,
shall be borne by the property owner. The Knox-Box® shall be installed in accordance with the manufacturer's specifications.
E.
The property owner and occupant of a building required to have a
Knox-Box® shall, at all times, keep
the following in the Knox-Box®:
(1)
Labeled keys to locked access points of ingress and egress, whether
interior or exterior of such building(s).
(2)
Labeled keys to the locked mechanical rooms.
(3)
Labeled keys to any fenced areas.
(4)
Labeled keys to any other areas as may be required by the Building
Inspector or his/her designee.
(5)
Contact information card containing at least two emergency contact
people and the phone number(s) for each contact person.
(6)
Hazardous materials MSDS, as requested.
(7)
Labeled keys to any locked elevator rooms and elevator controls.
(8)
Any other information that may be reasonably required by the Building
Inspector or his/her designee.
F.
When a property or construction site subject to this section is secured
by a locked gate or fence, such gate or fence shall have an approved
means of emergency operation. Any padlock securing such gates or fences
shall accommodate a master key held by the Fire Department and Building
Inspector, secured with a Knox-Box®, or shall otherwise provide emergency access to the property or
construction site by an alternate means approved by the Building Inspector
or his/her designee.
G.
This section shall not apply to those buildings that have continuous
on-site security personnel (24 hours per day, seven days per week,
including holidays), provided that such on-site security personnel
have access to all locked and secured areas of such building.
H.
In the event that the purpose and intent of this section cannot be
reasonably fulfilled at a specific property, the Building Inspector
may waive some or all of the requirements as provided herein for such
property.
I.
The Building Inspector is hereby authorized to implement administrative
rules and procedures to fulfill the purpose and intent of this section.
