[HISTORY: Adopted by the Town Board of the
Town of Stillwater 1-4-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
This chapter is enacted pursuant to the Municipal
Home Law §§ 10 and 20; Town Law § 64; Executive
Law §§ 379 and 381, and any regulations promulgated
thereunder.
The purpose of this chapter is to establish
the Town of Stillwater Department of Building, Planning and Development,
and to provide for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code and the State Energy
Conservation Construction Code within the Town of Stillwater by said
Department.
A.
Local Law Number 2 of 1987, as may have been amended
from time to time, is hereby repealed.
B.
Local Law Number 3 of 2004 is hereby repealed.
C.
That portion of Town Law § 271, granting
to the Planning Board the power to employ a secretary, is hereby superseded.
D.
Pursuant to Executive Law §§ 379 and
381, the Town of Stillwater hereby adopts the provisions of, and provides
for the local administration and enforcement of, the New York State
Uniform Fire Prevention and Building Code, the State Energy Conservation
Construction Code and all parts thereunder. Except as otherwise provided
in the said codes, other state law, or other section of this chapter,
all buildings, structures, and premises in the Town of Stillwater,
regardless of use or occupancy, are subject to the provisions of this
chapter.
E.
Pursuant to the Municipal Home Law §§ 10 and 20, and Town Law § 64, the Town of Stillwater hereby creates a Department of Building, Planning and Development to administer and enforce the Uniform Code, Chapter 210, Zoning, of the Code of the Town of Stillwater, and related state or local statutes.
As used in this chapter, the following terms
shall have the meanings indicated:
Shall be supervised by the Director and serve as the Code Enforcement Officer of the Building Code and Uniform Code and be appointed pursuant to § 81-5E(3) of this chapter.
A permit issued pursuant to § 81-6 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 81-5A(2) of this chapter.
Includes the designated Code Enforcement Officer of the Town
of Stillwater and all designated Assistant Code Enforcement Officers
within the Department of Building, Planning and Development.
An order issued by the Director pursuant to § 81-17A of this chapter.
The Department of Building, Planning and Development of the
Town of Stillwater, as authorized by this chapter.
The head official of the Department of Building, Planning
and Development responsible for the administration of the Department,
the Uniform Codes and this chapter as described herein.
Regulations promulgated pursuant to the Official Compilation
of Codes, Rules and Regulations of the State of New York (NYCRR),
Title 19, Part 1225.
Sections 11-101 through 11-110 of Article 11 of the Energy
Law, as currently in effect and as hereafter amended from time to
time.
Sections 370 through 383 of Article 18 of the Executive Law,
as currently in effect and as hereafter amended from time to time.
A permit issued pursuant to § 81-12 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The Planning Board of the Town of Stillwater.
The local laws and ordinances of the Town of Stillwater, including but not limited to Chapter 210, Zoning, of the Code of the Town of Stillwater.
An order issued pursuant to § 81-8 of this chapter.
A certificate issued pursuant to § 81-9D of this chapter.
The Town of Stillwater, in the County of Saratoga, in the
State of New York.
The duly constituted Town Board of the Town of Stillwater.
The New York State Uniform Fire Prevention and Building Code,
the New York State Energy Conservation Construction Code and all parts
thereunder, as currently in effect and as hereafter amended from time
to time.
The Zoning Board of Appeals of the Town of Stillwater.
The Town of Stillwater Zoning Law as adopted and hereafter
amended from time to time.[1]
A.
The Department of Building, Planning and Development of the Town of Stillwater is hereby created. The Department shall oversee and enforce all the provisions of the Uniform Codes, this chapter, Chapter 210, Zoning, and related Stillwater laws. The Department shall have the following responsibilities:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, certificate of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such application;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits such terms and condition as the
Director may determine to be appropriate;
(3)
To conduct, or cause to be conducted, construction
inspections, inspections to be made prior to the issuance of certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, firesafety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town
of Stillwater;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In cooperation with the Attorney for the Town of Stillwater,
to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code and this chapter, or to abate or correct
conditions not in compliance with the Uniform Codes and this chapter;
and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Department or Department personnel by this
chapter;
B.
A Director of the Department of Building, Planning
and Development shall be appointed by the appointment of the Town
Board. The Director 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.
C.
One or more Assistant Code Enforcement Officers may
be appointed by the Town Board, upon recommendation by the Director,
to act under the supervision and direction of the Director and to
assist in the exercise of powers and fulfillment of the duties conferred
upon the Director by this chapter. Each Assistant Code Enforcement
Officer 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, as well as such other training as the Director prescribes.
D.
The compensation of the Director and other Department
personnel shall be fixed from time to time by the Town Board of the
Town of Stillwater.
E.
Department of Building, Planning and Development personnel
shall include:
(1)
Director.
(a)
The Town Board shall appoint a Director of the
Department of Building, Planning and Development.
(b)
The Director shall be the chief Code Enforcement
Officer of the Town of Stillwater.
(c)
The Director is classified as a "department
head" within the Town of Stillwater and shall be responsible for the
day-to-day operations of the Department including but not limited
to the following;
[1]
Preparation of the annual budget; administration
of the Uniform Codes, including all functions and responsibilities
contained therein;
[2]
Administration and enforcement of all local
laws pertaining to building and planning; assign duties to personnel,
in conjunction with this chapter as may be required;
[3]
Preparation of agendas for the Planning Board
and the Zoning Board of Appeals; coordinate the review of applications
before the Planning Board and Zoning Board of Appeals;
[4]
Invoicing and accounting for all escrow (trust
and agency) funds pertaining to planning, zoning and building projects;
act as administrator for long-range planning within the Town;
[5]
Recommending updates to Chapter 210, Zoning, for review and approval by the Town Board; manage the open space inventory of the Town;
[6]
Managing capital construction projects for the
Town;
[7]
Maintaining the minutes of the Planning Board
and Zoning Board of Appeals.
(d)
The Director shall practice sound supervision
and management of the Department and its personnel.
(e)
The Director shall serve as Chief Plans Examiner,
Building Official, Minimum Housing, Electrical Inspector, Plumbing
Inspector, Sign Inspector and Mechanical Inspector.
(f)
The Director shall maintain a technical library
of updated code books and referenced standards on building materials,
construction standards and practices and design standards.
(2)
Fire Marshal.
(a)
The Town Board shall appoint a Fire Marshal
for the Town of Stillwater.
(b)
The Fire Marshal shall serve within the Department
of Planning, Building and Development and report to the Director of
the Department. The Fire Marshal shall have the powers of an Assistant
Code Enforcement Officer pursuant to Town Law § 138.
(c)
The Fire Marshal shall demonstrate completion
of 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, particularly demonstrating certification from
the State Fire Administrator, pursuant to the Executive Law and the
regulations promulgated thereunder.
(d)
The Fire Marshal is authorized and directed
to enforce the Uniform Codes, and any other laws, local laws, ordinances
or rules involving firesafety within the Town of Stillwater. The Fire
Marshal is also authorized and directed to administer the Town of
Stillwater's 911 emergency response program and to coordinate the
program with appropriate local, county, state and federal agencies.
(e)
In furtherance thereof, the Fire Marshal shall
have the power and duty to:
[1]
Inspect all places of public assembly for fire
hazards, efficiency of fire protection equipment, adequacy of exits,
and general compliance with the Uniform Codes, at least once a year;
[2]
Inspect industrial and commercial buildings,
as deemed necessary by the Fire Marshal, for fire hazards, efficiency
of fire protection equipment, adequacy of exits, and general compliance
with the Uniform Codes;
[3]
Inspect apartment houses, boardinghouses, hotels
and motels, as deemed necessary by the Fire Marshal, for fire hazards,
efficiency of fire protection equipment, adequacy of exits, and general
compliance with the Uniform Code;
[4]
Inspect private residences for fire hazards
at the request of owners;
[5]
Inspect vacant buildings for fire and safety
hazards to recommend securing or demolishing such vacant buildings,
where necessary;
[6]
Take photographs of fire hazards within the
Town;
[7]
Require, from the Fire Chief in charge, notification
without demand of all fires or explosions involving structural damage,
fuel-burning appliance, chimney or gas vent;
[8]
Issue burning permits and investigate complaints
of outdoor burning;
[9]
Inspect the installation and maintenance of
sprinkler and fire alarm systems as well as fire hydrant systems;
[10]
Review new building plans for compliance with
firesafety requirements;
[11]
Establish 911 addresses for new building permits,
for lots in new subdivisions, or for existing addresses where required;
[12]
Establish fire lanes on private property.
[13]
Call or attend meetings with officials of appropriate
local, county, state and federal agencies in the administration and
coordination of the Town of Stillwater's 911 emergency response program.
[14]
Participate in training and continuing education
as required by the New York State Department of State Division of
Code Enforcement and Administration, the New York State Office of
Fire Control and Prevention, or other agencies having jurisdiction
over local fire marshals.
[15]
Issue appearance tickets for violations of the
Uniform Code and other statutes, local laws, ordinances, rules and
regulations involving firesafety;
[16]
Testify in court regarding violations of the
Uniform Code and other appropriate legislation, rules or regulations;
[17]
Keep appropriate records to prepare mandatory
and discretionary reports on activities.
(3)
Assistant Code Enforcement Officers.
(a)
The Town Board may appoint, pursuant to Town
Law § 138, one or more assistant Code Enforcement Officers
to serve within the Department of Building, Planning and Development
upon recommendation of the Director.
(b)
Assistant Code Enforcement Officers shall be
under the supervision of the Director. Such officers shall have such
titles as approved by the Town Board and duties assigned by the Director.
(c)
Duties performed by Assistant Code Enforcement
Officers may include:
[2]
Ensuring compliance with the adopted Zoning Map, site plan review and special use permit requirements, environmental and performance standards, parking and loading regulations, telecommunication towers, signs, all supplementary regulations, and other regulations described in Chapter 210, Zoning;
[4]
Serving as the Abandoned Vehicle Inspector,
requiring the removal of abandoned vehicles in violation of existing
laws and ordinances regulating abandoned vehicles; shall inspect for
abandoned vehicles and consult with owners, managers and vehicle owners
to seek compliance of applicable laws on abandoned vehicles; determine
remedial action necessary to abate the condition;
[5]
Preparing daily reports of activity and records
of inspections;
[6]
Conferring and cooperating with legal counsel
for enforcement of local laws and ordinances.
[7]
Field enforcement of the adopted Building Code;
[8]
Inspection of new and existing buildings and
structures as required or assigned to determine compliance with the
adopted codes and approved plans and specifications;
[9]
Reporting on all violations and variations from
adopted codes and approved plans;
[10]
Reporting faulty and unsafe building construction;
[11]
Reviewing and examining building and construction
plans for compliance with the Uniform Codes and related building material
and construction standards;
[12]
Reporting, in writing, discrepancies and design
variations found in plans and specifications, building material, and
methods of construction;
[13]
Recommending acceptance of alternate materials
and methods of construction;
[14]
Related work as required;
[15]
Consultation with architects, engineers, contractors,
builders, owners, and others in matters related to design, materials,
materials standards, and modern construction techniques.
(4)
Assistant Director.
(a)
The Town Board shall appoint an Assistant Director
of the Department of Building, Planning and Development.
(b)
The Assistant Director shall be under supervision
of the Director.
(c)
The Assistant Director shall assist the Director
in the day-to-day operation of the Department. Duties of the Assistant
Director may include:
[1]
Meeting in the first instance with applicants
seeking permits from the Department;
[2]
Advising applicants as to state, county and
Town requirements for submission of plans and applications to the
Department;
[3]
Receiving, answering or referring complaints;
[4]
Assisting in the administration and operation
of the Planning Board and Zoning Board of Appeals including, but not
limited to, the preparation of Board agendas and meeting minutes;
[5]
Assistance in the preparation of the Department
budget;
[6]
Promotion of public relations on behalf of the
Department;
[7]
Arranging meetings for the Director and others
at the request of the Director;
[8]
Does related work as required.
(d)
The Assistant Director shall be the only official,
other than the Town Clerk, authorized to collect fees for permits
and services of the Department; and shall keep a receipt book of all
fees paid to the Department to be audited on a monthly basis by the
Director of the Office of Fiscal Management or other authorized official
as determined by the Town Supervisor.
(e)
The Assistant Director shall serve as the Secretary
to the Planning Board and Zoning Board of Appeals. This proviso shall
supersede that portion of § 271, formerly § 272,
of the Town Law that grants the Planning Board the power and authority
to employ a secretary.
(5)
Secretary.
(a)
The Town Board shall appoint a Secretary, or
Secretaries, to the Department of Building, Planning and Development.
(b)
The Secretary shall be under the supervision
of the Director and shall report to the Assistant Director for daily
tasks and assignments.
(c)
The Secretary shall be responsible, under supervision,
for secretarial and clerical duties within the Department as required:
[1]
May act as an office manager; may take dictation
and transcribe letters, memoranda and reports;
[2]
May compose and type letters;
[3]
Assists the Assistant Director in the preparation
of minutes and agendas of meetings;
[4]
Develops and maintains a filing system;
[5]
Performs research at the request of Department
personnel;
[6]
Serves as Secretary to the Planning Board and
Zoning Board of Appeals in the absence of the Assistant Director;
[7]
Answers telephones and receives visitors, routing
both appropriately;
[8]
Gives out information;
[9]
Does related work as required.
(6)
Acting Director.
(a)
The Town Board shall appoint an Acting Director
of the Department of Building, Planning and Development who, upon
authorization, shall serve in the stead of the Director. During such
tenure, the Acting Director shall exercise all of the authority, fulfill
all duties and enforce all laws as assigned to the Director by this
chapter.
(b)
Upon disability of the Director, the Town Supervisor,
or in his/her absence, the Deputy Supervisor, may authorize the Acting
Director to serve in the stead of the Director on a case-by-case basis.
Such authorization shall be written and detail the subject and duration
of such service.
(c)
"Disability of the Director," for purposes of
this subsection, shall include both a physical inability to perform
the functions of Director and real or implied, financial or ethical,
conflict of interest relating to a project subject to review by the
Department. Notice of such disability shall be submitted in writing
by the Director to the Supervisor prior to authorization of the Acting
Director to serve. In those instances where the Director is unable
or unwilling to give such notice, determination of a disability shall
be made the Stillwater Town Board.
(d)
The Director, anticipating temporary absence,
may appoint an assistant Code Enforcement Officer to act in the Director's
stead during the length of such absence.
A.
Building permits required. 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 solid fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Director.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 144 square feet;
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses); installation of swimming pools associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) where such pools are designed for a water depth of less
than 24 inches and are installed entirely above ground; installation
of fences which are not part of an enclosure surrounding a swimming
pool;
(3)
Construction of retaining walls, which are under five
feet in height, unless such walls support a surcharge or impound Class
I, II or IIIA liquids;
(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 townhouse;
(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; or
(10)
Repairs provided that such repairs do not involve:
(a)
The removal or cutting away of a load bearing
wall, partition, or portion thereof, or any structural beam or load
bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affect egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code.
D.
Applications for building permits. Applications for
a building permits shall be made in writing on original forms provided
by the Department. Application forms and supporting documents shall
be signed in the original by the owner of the property where the work
is to be performed or an authorized agent of the owner. The application
shall include such information as the Director deems sufficient to
permit a determinations by the Director that the intended work complies
with all applicable requirements of the Uniform Code. The application
shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
in accordance with the provision of the Uniform Code; and
(5)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer and certified where so
required by New York State Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
E.
Construction documents. Construction documents will
not be accepted as part of an application for building permit unless
they satisfy the requirements set forth in Subsection D(e) of this
section. Construction documents which are approved as part of the
application for a building permit shall be marked by the Director
in writing or by stamp. One set of the approved construction documents
shall be retained by the Director, and one set of the approved constructions
documents shall be returned to the applicant and must be kept at the
work site so as to be available for use by Code Enforcement Personnel.
A return of a set of approved construction documents to the applicant
shall not be an authorization to commence work, nor is the return
of such documents an indication that a building permit will be issued.
Work shall not be commenced until a building permit is issued.
F.
Issuance of building permits. 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. The Director shall issue a building permit if the proposed work
is in compliance with the applicable requirements of the Uniform Code.
G.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and approved as part of the application
for building permit. The building permit shall contain the following
directive: "The permit holder shall immediately notify the Stillwater
Department of Building, Planning and Development of any change occurring
during the course of work." The building permit shall contain such
a directive. If the Director 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 approval of
such change is issued by the Department.
I.
Time limits and permit renewal. Building permits shall
become invalid unless the authorized work is commenced within six
months from the date of issuance. All building permits shall expire
12 months from the date of issuance except for in-ground and aboveground
swimming pool permits which shall expire six months from the date
of issuance. A building permit which has become invalid or which has
expired pursuant to this subsection may be renewed upon application
by the permit holder, payment of an applicable renewal fee, and approval
of the renewal application by the Director.
J.
Revocation or suspension of building permits. If the
Director or his designee determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violated the
Uniform Code or the Energy Code, the Director shall revoke the building
permit or suspend the building permit until such time as the Permit
Holder demonstrates that:
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 81-18, Fees, of this chapter shall be paid in full at the time of submission, by certified funds, of an application for a building permit, of an amended building permit, or of a renewal of a building permit. Written receipts will be provided.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Director or authorized Code Enforcement Personnel. The permit holder shall notify the Director or Code Enforcement Personnel when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected as made, where applicable:
(1)
Work site and terrain prior to issuance of a building
permit;
(2)
Footings and foundation prior to the pouring of concrete;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in
electrical, HVAC and plumbing;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance (insulation); and
(10)
Final inspection when all work stated and authorized
by the building permit has been completed.
C.
Electrical inspections. Electrical inspections pursuant
to the Uniform Codes shall be initially conducted by an independent
inspector, certified by, or meeting the equivalent standards of, the
New York Board of Fire Underwriters. Such inspections shall be marked
on site with the inspector's approval seal and remain uncovered pending
confirming inspection by Stillwater Code Enforcement Personnel.
D.
Inspection results. 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 Codes. Work not in compliance with any applicable
provision of the Uniform Codes shall remain exposed until such work
shall have been brought into compliance with all applicable provisions
of the Uniform Codes and Stillwater laws, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Director and Code Enforcement
Personnel are authorized to issue stop-work orders pursuant to this
section. The Director or Code Enforcement Personnel shall issue a
stop-work order to halt:
(1)
Any work that is determined by the Director or Code
Enforcement Personnel to be contrary to any applicable provision of
the Uniform Code, without regard to where such work is or is not work
for which building permit is required, and without regard to where
a building permit has or has not been issued for such work, or
(2)
Any work that is being constructed in a dangerous
or unsafe manner in the opinion of the Director or Code Enforcement
Personnel, 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
(4)
Under a building permit that has become invalid, has
expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Director 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 (by service of Code Enforcement Personnel)
or by certified mail. The Director 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 on work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the force or effect of
the stop-work order.
D.
Effect of stop-work order. Upon issuance of a stop-work
order, the owner of the affected property, the permit holder and any
other person authorized to perform work on the premises shall immediately
cease all work which is the subject of the stop-work order as well
as immediately ceasing all previously permitted work.
E.
Violation of stop-work order. Any person who violates
the provisions of the stop-work order, will in effect, prior to written
release from the Town of Stillwater, be subject to fines and/or prosecution
in the Town of Stillwater Justice Court. In the event of a violation
of a stop-work order, the Attorney for the Town shall take all necessary
legal action to enforce and prosecute the provisions of this section.
F.
Fines and penalties. Fines and penalties for violation
of a stop-work order pursuant to this chapter shall be:
G.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 81-17, Violations; penalties for offenses, 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, in the sole discretion of the Town of Stillwater, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy or certificate of compliance
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 classifications 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 or
certificate of compliance.
B.
Issuance of a certificate of occupancy. The Director
shall issue a certificate of occupancy if the work which was subject
to the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or sub classification to
another complies with all applicable provisions of the Uniform Code
and Energy Code. A certificate of occupancy will be issued when the
approved use contains any or all area that will be occupied by a person
or persons. The Director or Code Enforcement Personnel shall inspect
the building, structure or work prior to the issuance of a certificate
of occupancy. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Director, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Director prior to the issuance
of the certificate of occupancy.
C.
Issuance of certificate of compliance. The Director shall issue a certificate of compliance if the work which was subject to the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code, Chapter 210, Zoning, 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, Energy Code or Chapter 210, Zoning. A certificate of compliance will be issued when the approved use is not intended to be occupied by a person or persons. The Director or Code Enforcement Personnel shall inspect the structure, equipment or work prior to the issuance of a certificate or compliance. 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 Director, at the expense of the applicant for the certificate of compliance shall be provided to the Director prior to the issuance of the certificate of compliance.
D.
Contents of certificate of occupancy/certificate of
compliance. Certificates of occupancy/certificates of compliance shall
contain the following information:
(1)
The building permit number;
(2)
The date of issuance of the building permit;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance 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 Director issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
The Chief of any Fire Department providing fire-fighting
services for a property within the Town of Stillwater and serving
this jurisdiction shall promptly notify the Director, Fire Marshal
or Code Enforcement Personnel of any fire or explosion involving and
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town of Stillwater shall be identified and addressed in accordance with the procedures established in Chapter 69, Buildings, Unsafe, of the Code of the Town of Stillwater, as now in effect or as hereafter amended from time to time.
A.
Operation permits required. 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 Tables 2703.1(1), 2703.1.1(2),
2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code
of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(2)
Hazardous processes and activities, including but
not limited to, commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board or this Town of Stillwater.
B.
Any person who proposes to undertake any activity
or to operate any type of building listed in this section shall be
required to obtain an operating permit prior to commencing such activity
or operation.
C.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Director. Such application shall include
information as the Director deems sufficient to permit a determination
by the Director or Code Enforcement Personnel that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Director determines that tests or reports are necessary to verify
conformance, such test and reports shall be performed or provided
by such person or persons as may be designated by or otherwise acceptable
to the Director, at the expense of the applicant.
D.
Inspections. The Director or an inspector authorized
by the Director shall inspect the subject premises prior to the issuance
of an operating permit.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Director may require a separate operating permit for each such activity, or the Director may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to excess three years in any other case, as shall be determined
by the Director to be consistent with local conditions. The effective
period of each operating permit shall be specified in the operating
permit. An operating permit may be reissued or renewed upon application
to the Director, payment of the applicable fee, and approval of such
application by the Director.
G.
Revocation or suspension of operating permits. If
the Director 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.
A.
Inspections required. Firesafety or property maintenance
inspections of building and structures shall be performed by the Fire
Marshal or other Code Enforcement Personnel at the following intervals:
(1)
Firesafety 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)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, pursuant to this chapter, the Uniform Codes or Chapter 210, Zoning, of the Code of the Town of Stillwater may be performed by the Town of Stillwater Director of Planning, Building and Development, Deputy Director of Planning, Building and Development, or any Assistant Building Inspectors 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 Director of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Director of any other information,
reasonably believed by the Director to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or 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 order or warrant
shall have been obtained.
C.
OFPC inspections. 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.
(1)
The Director shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Director shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Director shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection C(1) or (2) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Director shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
A.
The Director shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or ordinance or regulation adopted for the
administration and enforcement of the Uniform Code or the Energy Code.
B.
Reporting a complaint. A complaint or allegation made
pertaining to possible violations of the code shall be made to the
Director.
(1)
A complaint must be in writing and addressed to the
Director; or
(2)
A member of the Town Board may verbally direct the
Director to investigate any matter that may be a violation of that
code that impacts public health and safety; or
(3)
A member of the Planning Board or Zoning Board of
Appeals may enter into the record of said Board an allegation of violation,
in which the Secretary of said Board will transmit complaints to the
Director.
C.
Responding to a complaint. The process for responding
to a complaint shall include such of the following steps as the Director
may deem to be appropriate:
(1)
Performing an inspection of the condition and/or activities
alleged to be in violation, and documenting the results of such inspection;
(2)
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 § 81-17, Violations; penalties for offenses, of this chapter;
(3)
If appropriate, issuing a stop-work order;
(4)
If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such a report with the complainant.
A.
Records management. The Director shall keep permanent
official records of all transactions and activities conducted by all
Code Enforcement Personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, certificates
of compliance, 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;
(9)
All fees charged and collected.
B.
Records maintenance. All such records shall be public
records open for public inspection during normal business hours. All
plans and records pertaining to buildings or structures, or appurtenances
thereto, shall be retained for at least the minimum time period so
required by state law and regulation.
A.
Annual report. The Director shall annually submit to the Town Board of this Town of Stillwater a written report and summary of all business conducted by the Director and the Inspectors, including a report and summary of all transactions and activities described in § 81-15, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
Report to Secretary of State. The Director shall annually
submit to the Secretary of State, on behalf of this Town of Stillwater,
on a form prescribed by the Secretary of State, a report of the activities
of Town relative to administration and enforcement of the Uniform
Code.
C.
Availability of reports of activity. The Director
shall, upon request of the New York State Department of State, provide
to the New York State Department of State, from the records and related
materials this Town of Stillwater is required to maintain, excerpts,
summaries, tabulations, statistics and other information and accounts
of the activities of this Town in connection with administration and
enforcement of the Uniform Code.
A.
Compliance orders. The Director is authorized to order
in writing the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Director shall issue
a compliance order.
(1)
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Director;
(c)
Specify the condition or activity that violates
the Uniform Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform
Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity;
(e)
Specify the period of time which the Director
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the
specified period of time; and
(g)
State that an action or proceeding to compel
compliance may be instituted if compliance is not achieved within
the specified period of time.
(2)
The Director shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Director shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
B.
Appearance tickets. The Director and each Inspector
are authorized to issue appearance tickets for any ion of the Uniform
Code.
C.
Civil penalties. In addition to those penalties proscribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy, certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Director pursuant to any provision of
this chapter, shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Town of Stillwater.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town of Stillwater, in a court of competent
jurisdiction, to prevent, restrain, enjoin, correct, or abate any
violation of, or to enforce, any provision of the Uniform Code, the
Energy Code, this chapter, or any term or condition of any building
permit, certificate of occupancy, certificate of compliance, temporary
certificate, stop-work order, operating permit, compliance order,
or other notice or order issued by the Director pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction or use of a building or structure is in violation
of any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of this Town, in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Supervisor of this Town of Stillwater.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 81-8, Stop-work orders; penalties for offenses, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 81-8, Stop-work orders; penalties for offenses, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[Amended 2-19-2009 by L.L. No. 5-2009]
A fee schedule shall be established by resolution
of the Town Board of this Town of Stillwater. Such fee schedule may
thereafter be amended from time to time by like resolution. The fees
set forth in, or determined in accordance with, such fee schedule
or amended fee schedule shall be charged and collected for the submission
of applications, the issuance of building permits, amended building
permits, renewed building permits, certificates of occupancy, certificates
of compliance, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Town Board of this Town of Stillwater may,
by resolution, authorize the Supervisor of the Town to enter into
an agreement, in the name of the Town, with other governments to carry
out the terms of this chapter, provided that such agreement does not
violate any provision of the Uniform Code, the Energy Code, Part 1203
of Title 19 of the NYCRR, or any other applicable law.
