The Commissioner of Building shall administer and enforce the
Uniform Code, the Energy Code and this chapter, which shall apply
to all areas of the Town of Amherst outside of the Village of Williamsville,
and shall perform such other duties assigned to him hereunder. He
shall be assisted by the Assistant Commissioner of Building and other
code enforcement personnel assigned to the Building Department. The
Assistant Commissioner of Building shall have the power to act generally
for and in place of the Commissioner of Building during his absence
or inability to act for any reason. The Supervisor shall have the
power to designate a person to act in behalf of the Commissioner of
Building and to exercise all the powers conferred upon him by this
chapter during his absence and that of the Assistant Commissioner
of Building or the inability of both to act for any reason.
No building official, employee or Code Enforcement Officer assigned
to the Building Department shall engage in any activity inconsistent
with his duties or those of the Building Department, nor shall he
be engaged directly or indirectly in any occupation regulated by this
chapter in the furnishing of labor, materials, supplies or appliances
for, or the supervision of, the construction, alteration, demolition
or maintenance of any building or other structure regulated hereunder,
or the preparation of plans or specifications for any such structures
or buildings or the furnishing of any hazardous substances, materials
or devices within the area regulated hereunder; provided, however,
that this provision shall not prohibit any official or employee 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.
3-1.Â
Except as otherwise specifically provided by law, ordinance, rule
or regulation, or except as herein otherwise provided, the Commissioner
of Building 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 regulated hereunder, the installation and use of materials
and equipment therein, the location, use, occupancy, conditions and
maintenance thereof and the handling, storage or use of hazardous
substances, materials or devices.
3-2.Â
He shall promulgate rules and regulations subject to the approval
of the Town Board to secure the intent and purpose of this chapter
and a proper administration and enforcement of the laws, ordinances,
rules and regulations governing plans, specifications, construction,
alteration, repairs, conditions or maintenance pertaining to buildings,
equipment and other structures regulated hereunder and the storage,
handling or use of hazardous substances, materials or devices.
3-3.Â
He shall receive applications, approve plans and specifications and
issue permits for the erection, alteration and repairs of buildings,
other structures and equipment regulated hereunder and the storage,
handling or use of hazardous substances, materials or devices regulated
hereunder and shall examine the premises for which such applications
have been received, plans approved or such permits have been issued
for the purpose of insuring compliance with laws, ordinances, rules
and regulations governing same.
3-4.Â
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 insure compliance during the entire course
of construction with the approved plans and specifications, the conditions
of the building permit and the requirements of all applicable laws,
ordinances, rules and regulations. The notices or orders may be served
upon the property owner, contractor or agent thereof, or by sending
by certified mail a copy of such order to the owner, contractor or
agent thereof at the address set forth in the application for permission
for the construction or alteration of such building, other structure
or equipment and by posting the same upon a conspicuous portion of
the premises to which the notice applies. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except that he may accept written reports of inspection from code
enforcement officers, building inspectors, plumbing inspectors, fire
inspectors, housing inspectors, electrical inspectors or other employees
of the Building Department, from generally recognized and authoritative
service and inspection bureaus or agencies, provided that the same
are certified by a responsible official thereof, and from professional
engineers and registered architects licensed in New York State.
3-5.Â
Whenever the same may be appropriate to determine compliance with
the provisions of applicable laws, ordinances, rules and regulations
covering construction, alteration, repair or occupancy or the storage,
handling or use of hazardous substances, materials or devices, he
may, in his discretion, accept and rely upon written reports of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service and inspection bureaus
or agencies.
3-6.Â
He shall issue a certificate of occupancy or certificate of compliance
where appropriate for a building or structure constructed, altered
or occupied in accordance with the provisions of the Uniform Code
or Energy Code, which certificate shall certify that the building
conforms to the requirements of those codes and, where appropriate,
to other applicable laws, ordinances, rules and regulations.
4-1.Â
The Commissioner of Building shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
A.Â
All applications received, reviewed and approved or denied.
B.Â
All plans, specifications and construction documents approved.
C.Â
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued.
D.Â
All inspections and tests performed.
E.Â
All statements and reports issued.
F.Â
All complaints received.
G.Â
All investigations conducted.
H.Â
All fees charged and collected.
I.Â
All rules and regulations promulgated by the Commissioner of Building.
J.Â
All orders and notices issued.
4-2.Â
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.
[Amended 4-11-2011 by L.L. No. 6-2011; 4-11-2011 by L.L. No. 8-2011; 10-18-2021 by L.L. No. 15-2021]
5-1.Â
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, equip, use, or occupy any building or other structure
regulated hereunder, or portion thereof, or to store, handle, or use
hazardous substances, materials or devices in violation of the Uniform
Code or Energy Code, this chapter or other applicable law or ordinance
or any regulation or rule promulgated by the Commissioner of Building
in accordance with applicable laws, or to fail in any manner to comply
with a notice, directive or compliance order of the Commissioner of
Building or his representative issued pursuant to the New York Executive
Law, the New York Energy Code or this chapter, or to construct, alter,
use or occupy any building, structure, or premises regulated hereunder,
or part thereof, or to store, handle or use hazardous substances,
materials or devices in a manner not permitted by an approved building
permit, fire prevention permit, operating permit, certificate of occupancy
or certificate of compliance or in strict accordance with the approved
plans and specifications.
5-2.Â
It shall be unlawful for any person, firm or corporation to install,
or cause to be installed, or to alter or repair electrical wiring
for light, cooling, heat or power in a manner not permitted by an
approved electrical permit.
5-3.Â
It shall be unlawful for any person, firm or corporation to connect,
or cause to be connected, electrical wiring in or on properties for
light, cooling, heat or power to any source of electrical supply prior
to authorization of the Commissioner of Building.
5-4.Â
Any person having been served with a compliance order pursuant to
the provisions of 19 NYCRR Chapter XXXIII, Subchapter A or B, or this
chapter who shall fail to comply with it within 30 days after such
service or within the time frame fixed by the Commissioner of Building
for compliance, and any owner, builder, engineer, architect, tenant,
contractor, subcontractor, construction superintendent or other agencies
or any other person taking part or assisting in the construction,
repair, alteration or use of any building, other structure or equipment
regulated by 19 NYCRR Chapter XXXIII, Subchapter A or B, or this chapter,
or any person storing, handling or using hazardous substances, materials
or devices, in violation of 19 NYCRR Chapter XXXIII, Subchapter A
or B, or this chapter or any lawful compliance order, notice, directive,
permit or certificate of the Commissioner of Building or his representative
made thereunder, shall be punishable:
A.Â
By a fine of not more than $1,000 per day of violation or imprisonment
not exceeding one year, or both, for a violation of 19 NYCRR Chapter
XXXIII, Subchapter A, Part 1225, or any order made pursuant thereto.
Each day that such violation continues shall be deemed a separate
offense punishable as such.
B.Â
By a fine of not more than $250 per day of violation or imprisonment
for a period not exceeding 15 days, or both, for all other violations
of 19 NYCRR Chapter XXXIII, Subchapter A or B, or this chapter. Each
day that such violation continues shall be deemed a separate offense
punishable as such.
5-5.Â
Any person who, without a valid license or registration, engages
in any occupation or activity which under this chapter requires a
license or registration shall be guilty of an offense punishable by
a fine not exceeding $250 or imprisonment for a period not exceeding
15 days, or both.
5-6.Â
Whenever a person, firm or corporation shall be convicted for a second
time of a violation of the Uniform Code, Energy Code or this chapter,
any license or registration then held by such person, firm or corporation
pursuant to this chapter shall be deemed revoked.
Appropriate action and proceedings may be taken at law or in
equity to prevent unlawful construction, to restrain, correct or abate
a violation, to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies shall be in addition to penalties
otherwise prescribed by law.
7-1.Â
Words in this chapter and the codes are used in their ordinary English
usage except where the context clearly indicates a different meaning
or where a specific definition is set forth.
7-2.Â
In this chapter, words of the masculine gender will include the feminine
and vice versa. The neuter gender will refer to any gender as required,
unless the context plainly indicates the contrary.
7-3.Â
AGENT
ASSISTANT COMMISSIONER OF BUILDING
BUILDING PERMIT
CERTIFICATE OF OCCUPANCY or CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT PERSONNEL
COMMISSIONER OF BUILDING
COMPLIANCE ORDER
ENERGY CODE
FLOOR AREA
HOME IMPROVEMENT
HOME IMPROVEMENT CONTRACTOR
INSPECTOR
LESSOR
OCCUPANT
OPERATING PERMIT
OPERATOR
OWNER
PERMIT HOLDER
PERSON
PLUMBING, GENERAL
PREMISES
SITE PLAN
STOP-WORK ORDER
STRUCTURE
SUPERVISOR
TEMPORARY CERTIFICATE
TOWN
TOWN ATTORNEY
TOWN BOARD
TOWN CLERK
UNIFORM CODE
VOLUME
As used in this chapter, the following terms shall have the meanings
indicated:
The designated representative of an owner, lessor, operator,
occupant or person, as filed with the Building Department of the Town
of Amherst, New York.
The Assistant Commissioner of Building of the Town of Amherst,
New York.
A permit issued pursuant to Article V 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. The term "building permit" shall also include electrical,
plumbing, and fire prevention permits.
A certificate issued pursuant to Article VI of this chapter.
Shall include the Commissioner of Building, the Assistant
Commissioner of Building and all inspectors.
The Commissioner of Building of the Town of Amherst, New
York.
An order issued by the Commissioner of Building pursuant
to Article I of this chapter.
The State Energy Conservation Construction Code, as currently
in effect in New York State and as hereafter amended from time to
time.
The habitable or occupied floor area, using exterior building
dimensions plus the floor area of any accessory structure such as
a garage, shed, etc.
Any work requiring a permit performed on an existing dwelling
unit and/or the premises that it is located upon for the repairing,
remodeling, altering, converting, improving or modernizing of, or
adding to the dwelling unit or associated premises.
[Added 4-11-2011 by L.L.
No. 6-2011]
A person, partnership, firm or corporation which owns or
operates a home improvement business or who undertakes, offers to
undertake or agrees to perform any home improvement for a fee. "Home
improvement contractor" does not include a person, partnership, firm,
corporation, landlord, cooperative corporation, condominium board
of managers, joint tenant or co-tenant that owns, in whole or in part,
the property to be improved.
[Added 4-11-2011 by L.L.
No. 6-2011]
A code enforcement officer appointed by the Town Board. This
term shall include but not be limited to the following job titles:
Senior Building Inspector, Building Inspector, Assistant Building
Inspector, Senior Code Enforcement Officer, Code Enforcement Officer,
Assistant Code Enforcement Officer, Senior Plumbing Inspector, Plumbing
Inspector, Assistant Plumbing Inspector, Senior Electrical Inspector,
Electrical Inspector, Assistant Electrical Inspector, Senior Fire
Inspector, Fire Inspector and Assistant Fire Inspector.
The grantor of a lease interest in premises.
The person in occupancy, in possession or in control of premises,
or using premises.
A permit issued pursuant to Article VII 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 engaged in the activity of renting or providing
space or premises for occupancy or use by others.
The person exercising dominion or control over or vested
with title in premises, a proprietor (legal owner, joint owner, part
owner, record owner, equitable owner, reputed owner or their successor
in interest) or the respective agent of any of them.
The person to whom a building permit has been issued.
Shall include 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 practice, materials and fixtures used in the installation,
maintenance, extension and alteration of piping, fixtures, appliances
and appurtenances in connection with any of the following: sanitary
drainage or storm drainage systems, the attendant vent systems, and
the water supply systems, within or adjacent to any building or structure,
to their connections with public systems or other approved terminals.
Land (improved or unimproved), place, property, buildings,
structures, equipment, facilities and improvements, if any.
An order issued pursuant to Article V of this chapter.
A building, gas or liquid storage tank, or anything other
than a fence, dumpster enclosure, parking lot or driveway constructed
or erected which requires permanent location in or on the ground or
attachment to something having such location.
The Supervisor of the Town Amherst, New York.
A certificate issued pursuant to Article VI of this chapter.
The Town of Amherst, New York outside of the Village of Williamsville,
New York.
The Town Attorney of the Town of Amherst, New York.
The Town Board of the Town of Amherst, New York.
The Town Clerk of the Town of Amherst, New York.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The covered volume of any building or structure having one
or more of its sides enclosed.