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Town of Dayton, NY
Cattaraugus County
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[HISTORY: Adopted by the Town Board of the Town of Dayton 9-16-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 79.
Building in flood-prone areas — See Ch. 100.
Zoning — See Ch. 180.
This chapter shall be known as the "Law for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code" and will be referred to throughout merely as "the code."
This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Town of Dayton and shall establish powers, duties, and responsibilities in connection therewith.
There is hereby designated in the Town of Dayton a public official to be known as the "Enforcement Officer," who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by it.
[1]
Editor's Note: An original unnumbered paragraph citing a specific individual as the Enforcement Officer, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In the absence of the Enforcement Officer, or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Enforcement Officer and to exercise all the powers conferred upon him by this chapter.
The Enforcement Officer shall not engage in any activity inconsistent with his duties, nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies, or appliances for, or the supervision of, the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof, within the Town of Dayton, excepting that this provision shall not prohibit any Enforcement Officer from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family, and not constructed for sale.
A. 
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Enforcement Officer shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the plans, specifications or permits for the construction, alteration and repair of buildings and structures, and the installation and use of material and equipment therein, and the location, use and occupancy thereof.
B. 
He shall promulgate rules and regulations, subject to the approval of the Town Board, to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration and repairs.
C. 
He shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.
D. 
He shall issue, in writing, 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, rules and regulations; and such notices or orders may be served upon the property owner or his agent personally, or by sending, by certified mail, a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building, and by posting the same upon a conspicuous portion of the premises to which the notice applies.
E. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authorized testing laboratories or service and inspection bureaus and agencies.
F. 
He shall issue a certificate of occupancy, where appropriate, for a building constructed or altered in accordance with the provisions of the State Uniform Fire Prevention and Building Code, which such certificate shall certify that the building conforms to the requirements of the State Uniform Fire Prevention and Building Code.
G. 
He shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.
H. 
He shall, annually, submit a written report and summary of all business conducted, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and any appeals or litigation pending or concluded.
I. 
He shall make and file inspections annually to ensure compliance with Subchapter C of the Uniform Fire Prevention and Building Code. For uses involving hazardous or flammable materials, more frequent inspections may be made at the discretion of the Enforcement Officer.
J. 
He shall make inspections of new construction, as necessary, to ensure compliance with Chapter C of the Uniform Fire Prevention and Building Code. A minimum of seven inspections shall be made, although they may be made concurrently, where possible. Inspections shall be made at reasonable times after showing proper credentials.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Enforcement Officer for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Application for a building permit shall be made on forms provided and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of all parts of the land and the proposed building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers, if any of them are corporations, and the name and address of the owner's authorized agent, if any.
(5) 
A brief description of the nature of the proposed work.
(6) 
If the construction is to be in accordance with the provisions of the State Uniform Fire Prevention and Building Code, a statement that the application is made for permission to construct in accordance with the provisions of such code;
(7) 
A statement that the applicant consents to permit the Enforcement Officer, any Building Inspector, and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner prescribed in this chapter.
(8) 
Such other information as may reasonably be required by the Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules and regulations.
C. 
The application shall be signed by the owner or his authorized agent.
D. 
The application shall be made by the owner or by the agent, architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Enforcement Officer entry for inspection purposes.
E. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all new proposed construction and all existing structures on the site, the nature and character of the work to be performed, and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths, and grades of adjoining streets, walks and alleys, and, where required by the Enforcment Officer, details of structural, mechanical and electrical work, including computations, stress diagrams, and other essential technical data; plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by §§ 7202 and 7203, as amended, of Articles 145 or 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Enforcement Officer may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating.
F. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed and approved prior to the commencement of such change of work.
G. 
The Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within 60 days from the date of submission of the application.
H. 
Upon approval of the application and upon receipt of the legal fees therefor, the building permit shall be provided to the applicant upon the form prescribed by the Enforcement Officer, and the Enforcement Officer shall affix his signature or cause his signature to be affixed thereto.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Department, and the other set shall be returned to the applicant together with the building permit and shall be kept by the applicant at the building site open to inspection by the Enforcement Officer or his authorized representative at all reasonable times.
J. 
If the application, together with plans and specifications and other documents filed therewith, describes proposed work that does not conform to all of the requirements of the applicable building regulations, the Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Enforcement Officer shall cause such refusal, together with the reasons therefor, to be submitted to the applicant in writing.
K. 
Upon payment of fee prescribed in the schedule of fees adopted herein, permits shall be issued by and bear the name and signature of the Enforcement Officer and shall specify:
(1) 
Activity or operation for which permit is issued.
(2) 
Address or locations where activity or operations is to be conducted.
(3) 
Name and address of permittee.
(4) 
Period of permit validity.
L. 
Permits shall not be transferable and any change in activity, operation, location, ownership or use shall require a new permit.
M. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
A. 
Upon the adoption of this chapter, the Town Board shall adopt a schedule of fees which shall apply to new constructions or alterations of existing structures.
B. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided no work has been commenced. If work has been started, and the new application is not approved, the fees paid shall not be refunded.
A building permit shall be effective to authorize the commencing of work for a period of one year after the date of its issuance. For good cause, the Enforcement Officer may allow extensions for periods not exceeding six months each. All work shall conform to the approved application, plans, and specifications, and shall be in accordance with applicable building laws, ordinances, rules and regulations.
Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares.
A. 
The Enforcement Officer may revoke a building permit theretofore issued in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;
(3) 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Enforcement Officer.
B. 
Whenever the Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notices shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction of such building.
A. 
Applicability.
(1) 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Enforcement Officer.
(2) 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Enforcement Officer.
(3) 
No change shall be made in the nature of the occupancy of an existing building, unless a certificate of occupancy authorizing such change shall have been issued by the Enforcement Officer.
(4) 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with the law governing building construction or as varied by a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
B. 
Inspection prior to issuance of certificate of occupancy. Before issuing a certificate of occupancy, the Enforcement Officer shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, or change the use or nature of occupancy, and he may conduct such such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Enforcement Officer a record of all such examinations and inspections together with a record of findings of violations of the law.
C. 
Issuance of certificate of occupancy.
(1) 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances, rules and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Enforcement Officer shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Enforcement Officer shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
(2) 
A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefor is made.
(3) 
The certificate occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances, rules and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
D. 
Temporary certificate of occupancy. Upon request, the Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance.For good cause, the Enforcement Officer may allow a maximum of two extensions for periods not exceeding three months each.
A. 
A building or structure, or part thereof, which is an eminent danger to life and safety of the public as a result of fire or explosion is hereby declared to be a public nuisance.
B. 
Procedures for abatement of such dangerous building or structure shall be as set forth in Chapter 79, Buildings, Unsafe, of the Code of the Town of Dayton.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe.
D. 
Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections or repairs, or to demolish and remove such building or structure, or part thereof.
A. 
A person owning, operating, occupying, or maintaining property or premises within the scope of this chapter shall comply with all the provisions of this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Enforcement Officer finds that there has been a violation of this chapter, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served by personal service, by mailing registered or certified mail, or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant, or the agent of any of them shall fail, neglect, or refuse to remove, eliminate, or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made.
A. 
Failure to comply with any provision of this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation and the violator may be liable for a fine of not more $250 dollars, or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An action or proceeding in the name of the Town of Dayton may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter or a violation order, or to vacate the occupancy or building in the case of eminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.