Town of Stanford, NY
Dutchess County
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Table of Contents
Table of Contents
This Article shall provide the basic method for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code as it concerns the building construction, manufactured housing, existing buildings and housing maintenance in the Town of Stanford and shall establish powers, duties and responsibilities in connection therewith.
There is hereby designated in the Town of Stanford a public official to be known as the "Building Inspector," who shall be appointed by the Town Board at a compensation to be fixed by it.
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 law, ordinances and regulations applicable of the construction, alterations, 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. 
He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof or additions thereto 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. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require at the expense of the applicant, the performance of tests in the field by experienced, professional persons or accredited and authoritative testing laboratories or service businesses or agencies.
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits issued and certificates issued, inspection reports and notices and orders issued.
B. 
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, orders and notices promulgated, inspections and tests made and appeals or litigations pending.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for ordinary exterior repairs such as roof replacement or repair, patch repair, new siding, window replacement, and such interior renovation and remodeling of ceilings, wells and floors.
B. 
Application for a building permit shall be to the Building Inspector on forms provided by him and shall contain the following information:
(1) 
The location, size and dimensions of property.
(2) 
The location and size of all adjacent buildings.
(3) 
The location of water supply and sewage disposal facilities.
(4) 
A description of all work to be performed and other such pertinent information as may be requested by the Building Inspector.
C. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
A. 
The Building Inspector 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 and submission of all plans requested by him within a reasonable time not to exceed 20 days.
B. 
Upon approval of the application and upon receipt of the proper fee therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereon.
C. 
If the application, together with the plans and other documents filed therewith, propose work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
D. 
The Building Inspector shall file or cause to be filed with the Board of Assessors a copy of each building permit issued.
A. 
A building permit shall be in effect for one year only. If operation is not completed within one year, the applicant must apply to the Building Inspector for a new permit.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances and regulations. All work shall conform to the approved application.
[Amended 1-9-1986 by L.L. No. 1-1986; 9-13-1990 by L.L. No. 3-1990; 9-11-2003 by L.L. No. 4-2003]
The Town Board of the Town of Stanford shall, by resolution adopted by at least three affirmative votes of the Town Board members, set the fees to be charged for all construction, building permits, inspections, and renewals. Such fees or charges may be changed from time to time by the Town Board by a resolution adopted in compliance with New York Town Law. The Town Clerk and the Building Department shall keep a list of such current fees and costs.
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statements or misrepresentations as to material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans and specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted on violation of the provisions of the applicable building laws, ordinances and regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent, or the person performing the work, to suspend all building activities until stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, upon showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be used or occupied in whole or part until a certificate of occupancy has been issued by the Building Inspector.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. 
A certificate of occupancy would also require where applicable a Dutchess County Board of Health approval of well and septic system, compliance with the New York State Building and Fire Codes, compliance with the Town driveway permit and compliance with any other laws or ordinances required by the Building inspector.
A. 
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all building structures and sites for which a building permit has been granted to construct, enlarge, alter, repair, remove, demolish or change the use of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of work.
B. 
There shall be maintained in the Building Inspector's office a record of all such examinations and inspections together with a record of findings and violations of the law, ordinances or regulations.
A. 
When, after final inspection, it is found that proposed work has been completed in accordance with the applicable building laws, ordinances and regulations, and also in accordance with the application plans and specifications filed in connection with the issuance of the building permit, the Building Inspector 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 Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the applicable building regulations.
B. 
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefore is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy has been issued.
C. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the uses and the extent thereof to which the building or structure or its several parts may be put.
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof subject to such conditions as he may prescribe, before the entire work covered by the building permit shall have been completed and may be occupied safely without endangering life or public welfare.
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this Article or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order or the Building Inspector within the time for compliance therewith, and any owner, builder, tenant, architect, contractor, subcontractor, construction superintendent or their agents or any other persons taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this Article or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. 
This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.