[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 10-12-1977 by L.L. No. 11-1977; amended in its entirety 2-27-2007 by L.L. No.
1-2007. Subsequent amendments noted where applicable.]
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. This chapter is
adopted pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Officer.
A permit issued pursuant to § 37-4 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 § 37-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 37-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 37-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 37-3D of this chapter.
A permit issued pursuant to § 37-10 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.
An order issued pursuant to § 37-6 of this chapter.
A certificate issued pursuant to § 37-7D of this chapter.
The Town of Tuxedo.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code and this chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy, certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct 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 this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney and approval
of the Town Board, to pursue such legal actions and proceedings as
may be necessary to enforce the Uniform Code, the Energy Code and
this chapter, or to abate or correct conditions not in compliance
with the Uniform Code, the Energy Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by
the Town Board. The Code Enforcement Officer 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 the Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Town Board to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed the Town Board
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this chapter. Each inspector 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
inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of this Town.
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 Code Enforcement Officer.
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 (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
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 above ground;
(4)
Temporary structures not creating issues of public
safety;
(5)
Construction of retaining walls less than two feet
high unless such walls support a surcharge or impound Class I, II
or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of 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 affects 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 or the Energy Code.
D.
Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. The application
shall be signed 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 Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy 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
prepared in accordance with the provisions 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 where so required by the
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 a building permit unless they satisfy the requirements set forth in § 37-4D(5). Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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 code enforcement personnel. 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.
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 and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy 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 accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer 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.
I.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
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 the applicable fee, and
approval of the application by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer 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 violates the
Uniform Code or the Energy Code, the Code Enforcement Officer 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 § 37-16 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
L.
Submittal
requirements for solar PV 25kW or less (attachments).
[Added 10-11-2023 by L.L. No. 5-2023]
(2)
Submittal requirements. In order to submit a complete permit application
for a new solar PV system, the applicant must include:
(a)
Completed standard permit application form, which includes confirmed
eligibility for the unified solar permitting process.
(b)
Construction documents with listed attachments. Construction
documents must be by stamped and signed by a New York State registered
architect or New York State licensed professional engineer.
(c)
The Town of Tuxedo, through adopting the unified solar permitting
process, requires contractors to provide construction documents, such
as the examples included in the Solar PV — Permitting and Inspecting
document, found here: https://www.nyserda.ny.gov/All-Programs/Clean-Energy-Siting-Resources/Solar-Guidebook.
Should the applicant wish to submit construction documents in another
format, ensure that the submittal includes the following information:
[1]
Manufacturer/model number/quantity of solar PV modules and inverter(s).
[2]
String configuration for solar PV array, clearly indicating
the number of modules in series and strings in parallel (if applicable).
[3]
Combiner boxes: manufacturer, model number, NEMA rating.
[4]
From array to the point of interconnection with existing (or
new) electrical distribution equipment: identification of all raceways
(conduit, boxes, fittings, etc.), conductors and cable assemblies,
including size and type of raceways, conductors, and cable assemblies.
[5]
Sizing and location of the EGC (equipment grounding conductor).
[6]
Sizing and location of GEC (grounding electrode conductor),
if applicable.
[7]
Disconnecting means of both AC and DC, including indication
of voltage, ampere, and NEMA rating.
[8]
Interconnection type/location (supply-side or load-side connection).
[9]
For supply-side connections only, indication that breaker or
disconnect meets or exceeds available utility fault current rating
kAIC (amps interrupting capacity in thousands).
[10]
Ratings of service entrance conductors (size insulation type
AL or CU), proposed service disconnect, and overcurrent protection
device for new supply-side-connected solar PV system (reference NEC
230.82, 230.70).
[11]
Rapid shutdown device location/method and relevant labeling.
(d)
For roof-mounted systems: a roof plan showing roof layout, solar
PV panels and the following fire safety items: approximate location
of roof access point, location of code-compliant access pathways,
code exemptions, solar PV system fire classification, and the locations
of all required labels and markings.
(e)
Construction drawings with the following information:
[1]
The type of roof covering and the number of roof coverings installed.
[2]
Type of roof framing, size of members, and spacing.
[3]
Weight of panels, support locations, and method of attachment.
[4]
Framing plan and details for any work necessary to strengthen
the existing roof structure.
[5]
Site-specific structural calculations.
(f)
Where an approved racking system is used, provide documentation
showing manufacturer of the racking system, maximum allowable weight
the system can support, attachment method to roof or ground, and product
evaluation information or structural design for the rack.
(3)
Plan review. Permit applications can be submitted to the Building
Department.
(5)
Inspections.
(a)
Once all permits to construct the solar PV installation have
been issued and the system has been installed, it must be inspected
before final approval is granted for the solar PV system. On-site
inspections can be scheduled by contacting the Building Department.
Inspection requests received within business hours are typically scheduled
for the next business day. If the next business day is not available,
the inspection should happen within a five-day window. In order to
receive final approval, the following inspections are required:
[1]
Rough inspection.
[a]
During a rough inspection, the applicant must demonstrate that
the work in progress complies with relevant codes and standards. The
purpose of the rough inspection is to allow the inspector to view
aspects of the system that may be concealed once the system is complete,
such as:
[b]
It is the responsibility of the applicant to notify the Building
Inspector before the components are buried or concealed and to provide
safe access (including necessary climbing and fall arrest equipment)
to the inspector.
[c]
The inspector will attempt, if possible, to accommodate requests
for rough inspections in a timely manner.
[2]
Final inspection. The applicant must contact the Building Department
when ready for a final inspection. During this inspection, the inspector
will review the complete installation to ensure compliance with codes
and standards as well as confirming that the installation matches
the records included with the permit application. The applicant must
have ready, at the time of inspection, the following materials and
make them available to the inspector:
[a]
Copies of as-built drawings and equipment specifications, if
different than the materials provided with the application.
[b]
Photographs of key hard-to-access equipment, including;
[i]
Example of array attachment point and flashing/sealing
methods used.
[ii]
Opened rooftop enclosures, combiners, and junction
boxes.
[iii]
Bonding point with premises grounding electrode
system.
[iv]
Supply-side connection tap method/device.
[v]
Module and microinverter/DC optimizer nameplates.
[vi]
Microinverter/DC optimizer attachment.
(b)
The Town of Tuxedo has adopted a standardized inspection checklist,
which can be found in the Solar PV - Permitting and Inspecting document,
found here: https://www.nyserda.ny.gov/All-Programs/Clean-Energy-Siting-Resources/Solar-Guidebook.
(c)
The inspection checklist provides an overview of common points
of inspection that the applicant should be prepared to show compliance.
[1]
Number of solar PV modules and model number match plans and
specification sheets number match plans and specification sheets.
[2]
Array conductors and components are installed in a neat and
workmanlike manner.
[3]
Solar PV array is properly grounded.
[4]
Electrical boxes and connections are suitable for environment.
[5]
Array is fastened and sealed according to attachment detail.
[6]
Conductor's ratings and sizes match plans.
[8]
Equipment ratings are consistent with the application and installed
signs on the installation, including the following:
[a]
Inverter has a rating as high as max voltage on PV power source
sign.
[b]
DC-side overcurrent circuit protection devices (OCPDs) are DC
rated at least as high as max voltage on sign.
[c]
Inverter is rated for the site AC voltage supplied and shown
on the AC point of connection sign.
[d]
OCPD connected to the AC output of the inverter is rated at
least 125% of maximum current on sign and is no larger than the maximum
OCPD on the inverter listing label.
[e]
Sum of the main OCPD and the inverter OCPD is rated for not
more than 120% of the buss bar rating.
(6)
Unified solar permitting resources. The jurisdiction has adopted
the following documents from the New York unified solar permit process:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 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, 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)
Building systems, 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)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
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 Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code or Energy Code, 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 Code Enforcement Officer, 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.
C.
Service of stop-work orders. The Code Enforcement
Officer 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 mail.
The Code Enforcement Officer 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
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. 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. Where such stop-work order implicates issues regarding
due process of law, an appeal may be made to the Town Board in care
of the Town Supervisor.
E.
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 § 37-15 (Enforcement; penalties for offenses) of this chapter or under any other applicable chapter 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.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/certificate of compliance shall
be required for any work which is the subject of a building permit
and for all structures and 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/certificate
of compliance.
B.
Issuance of certificates of occupancy/certificates
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy/certificate of compliance if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
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 and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy/certificate
of 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 Code Enforcement Officer, at the expense of the applicant for
the certificates of occupancy/certificates of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificates of occupancy/certificates of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance 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/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 Code Enforcement Officer issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
D.
Temporary certificate.
(1)
The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines:
(a)
That the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely;
(b)
That any fire- and smoke-detecting or fire protection
equipment which has been installed is operational; and
(c)
That all required means of egress from the building
or structure have been provided.
(2)
The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code.
(3)
A temporary certificate shall be effective for a period
of time, not to exceed six months, which shall be determined by the
Code Enforcement Officer and specified in the temporary certificate.
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 and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/certificate
of compliance 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 Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The chief of any entity providing fire-fighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 39 of this Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below.
All such activities and/or uses shall obtain site plan approval from
the Town Planning Board prior to obtaining an operating permit:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(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;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Town.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Code Enforcement Officer. Such application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Officer 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 Code Enforcement
Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject
premises prior to the issuance of an operating permit.
D.
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 Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
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 exceed three years in any other case, as shall be determined
by the Code Enforcement Officer 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 Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Officer 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 and property maintenance
inspections of buildings and structures shall be performed by the
Code Enforcement Officer or an inspector designated by the Code Enforcement
Officer 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, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer 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 court 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.
The Code Enforcement Officer shall, as appropriate,
endeavor to 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 Chapter
or regulation adopted for administration and enforcement of the Uniform
Code or the Energy Code. The review and investigation of complaints
shall be a part of an overall enforcement strategy. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer 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 § 37-15 (Enforcement; penalties for offenses) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
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 report with the complaint.
A.
The Code Enforcement Officer 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.
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.
The Code Enforcement Officer shall regularly, as required, submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 37-13 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Town, on a form prescribed
by the Secretary of State, a report of the activities of this Town
relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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
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.
(1)
The Code Enforcement Officer 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 Code Enforcement Officer
shall issue a compliance order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement
Officer;
(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 Code Enforcement
Officer 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 Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by mail. The Code Enforcement Officer 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 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 Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
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 Code Enforcement Officer pursuant to
any provision of this chapter, or any person who initiates construction
without first obtaining a building permit, shall be liable to a civil
penalty of $500. The civil penalties provided by this section shall
be paid prior to the issuance of any permit by the building department,
chargeable against the real estate which is the subject of the enforcement
and if unpaid shall be a lien upon and levied against the real property
and collected in the same manner as real property taxes.
[Amended 5-24-2021 by L.L. No. 2-2021]
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, 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 Code Enforcement Officer 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 Town Board of this Town.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 37-6 (Stop-work orders) 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 § 37-6 (Stop-work orders) 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.
A fee schedule shall be established by resolution
of the Town Board of this Town. 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 may, by resolution,
authorize the Supervisor of this Town to enter into an agreement,
in the name of this 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.
All services and/or inspections provided and/or
permits and certificates issued pursuant to this chapter are for code
enforcement purposes only in accordance with the general duty of the
Town to provide for the public health safety and welfare. No person
may rely upon any such services, inspections, permits, and/or certificates
for purposes of assuring compliance with the law, rules, or regulations,
or for determining the quality and/or safety of any building, structure,
or use, or for any other purpose. No Town officer, employee or agent
is authorized to create any special duty to any person for any purposes
whatsoever. The Town, its officers, employees, and agents, shall by
no means be held liable in relation to any provision or enforcement
of this chapter.
