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Village of Wolcott, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott 11-14-2006 by L.L. No. 2-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 45.
Electrical standards — See Ch. 59.
Flood damage prevention — See Ch. 71.
Licenses and permits — See Ch. 84.
Mobile homes — See Ch. 95.
Property maintenance — See Ch. 115.
Sewers — See Ch. 121.
Water — See Ch. 155.
Zoning — See Ch. 160.
[1]
Editor's Note: This local law also superseded former Ch. 42, Building Construction and Fire Prevention, comprised of Part 1, Uniform Code Enforcement, adopted 10-14-1997 by L.L. No. 2-1997; Part 2, Fire Limits, adopted 8-4-1942; and Part 3, Building Official, adopted 10-8-1985 by L.L. No. 5-1985.
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Village of Wolcott. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, state law or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
The Village Board may, by resolution, authorize the Mayor to enter into a contract with other governments to carry out the terms of this chapter.
If any section of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof.
A. 
The office of Code Enforcement Officer is hereby created and shall be administered by an appointee of the Village Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time constraints prescribed by law, obtain such training as the State of New York shall require for Code Enforcement Officers.
B. 
In the absence of the Code Enforcement Officer, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this chapter.
C. 
The Mayor, with the approval of the Village Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Code Enforcement Officer as directed by him.
D. 
The compensation for the Code Enforcement Officer, acting Code Enforcement Officer and inspectors shall be fixed and adjusted, as needed, by the Village Board.
E. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Village Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Village Board. The Code Enforcement Officer is authorized to pursue administrative actions and, in consultation with the Village Attorney, legal action, as necessary, to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter or other laws, rules or regulations of the Village of Wolcott or of the State of New York.
A. 
Permit required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, or install a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit without first having obtained a permit from the Code Enforcement Officer.
B. 
No permit shall be required for:
(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 (13.88 square meters).
(2) 
Installation of fences which are not part of an enclosure surrounding a swimming pool.
(3) 
Construction of retaining walls, unless such walls support a surcharge or impound Class I, II or IIIA liquids.
(4) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses).
(5) 
Installation of partitions or movable cases less than five feet nine inches in height.
(6) 
Painting, wallpapering, tiling, carpeting or other similar finish work.
(7) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.
(8) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.
(9) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall or 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.
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Application for a permit.
(1) 
An application for a building permit shall request sufficient information to permit a determination that the intended work complies with the requirements of the New York State Uniform Code and shall require submission of the following information and documentation:
(a) 
A description of the proposed work;
(b) 
The Tax Map number and the street address;
(c) 
The occupancy classification of any affected building or structure;
(d) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(e) 
At least two sets of construction documents (drawing and/or specifications) that define the scope of the proposed work.
(2) 
Construction documents shall not be accepted as part of an application for a building permit unless such documents:
(a) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law.
(b) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed.
(c) 
Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code.
(d) 
Where applicable, include a site plan that shows any existing and proposed 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 structures and the lot lines.
(3) 
Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code. The Code Enforcement Officer shall stamp, sign and date all accepted construction documents. One set of accepted construction documents shall be retained by the Code Enforcement Officer. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer.
(4) 
The building permit shall contain a statement directing that all work shall be performed in accordance with the construction documents submitted and accepted as part of the application and shall include the directive that the Code Enforcement Officer shall be notified immediately in the event of changes occurring during construction.
(5) 
Building permits shall expire 12 months from the date of issuance. Permits shall become invalid unless the work authorized is commenced within six months following the date of issuance. Building permits may be renewed, provided that the work has commenced in such a manner as to be ongoing and upon payment of the appropriate fee.
(6) 
Building permits which are issued in error because of incorrect, inaccurate or incomplete information, or when the work for which such permit was issued violates the Uniform Code, shall be revoked or suspended until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the code.
(7) 
Building permits shall be visibly displayed at the work site and remain visible until the project has been completed.
A fee schedule shall be established and changed, as needed, by resolution of the Village Board. Such fees may be charged for the issuance of permits, permit renewals, certificates of occupancy, certificates of compliance, temporary certificates of occupancy and operating permits; for fire safety inspections; and for reinspections and nuisance inspections, as deemed necessary by the Building/Code Enforcement Officer.
A. 
Permitted work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. It shall be the responsibility of the owner or applicant, or his agent, to notify the Code Enforcement Officer when construction work is ready for inspection. If entrance to make an inspection is refused or cannot be obtained, the Village Board, after being notified by the inspector of the situation, may apply for an order to make inspection to any court of competent jurisdiction.
B. 
The following elements of the construction process shall be inspected as determined by the Code Enforcement Officer, where applicable:
(1) 
Work site prior to the issuance of a 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. 
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. Construction work not in compliance with code provisions shall be required to remain exposed until it has been brought into compliance with the code, been reinspected and been found satisfactory as completed.
The Code Enforcement Officer is authorized to issue stop-work orders to halt work that is determined to be contrary to provisions of the Uniform Code or is being conducted in a dangerous or unsafe manner or is being performed without obtaining a required permit. A stop-work order shall state the reason for its issuance and the conditions which must be satisfied before work will be permitted to resume.
A. 
No building erected subject to the New York State Uniform Fire Prevention and Building Code shall be used or occupied, except to the extent authorized hereunder, until a certificate of occupancy has been issued.
B. 
No building similarly enlarged, extended or altered, or upon which work has been performed which requires the issuance of a building permit, shall be occupied or used after the completion of the alteration or work unless a certificate of occupancy or a certificate of compliance has been issued.
C. 
No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued.
D. 
A certificate of occupancy or a certificate of compliance shall be preceded by an inspection of the building, structure or work. Where applicable, the Code Enforcement Officer may require a written statement of structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code, to be received prior to the issuance of the certificate. Also, where applicable, flood hazard certifications, prepared in accordance with the provisions of the Uniform Code shall be received prior to the issuance of the certificate.
E. 
A certificate of occupancy or certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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 official issuing the certificate and the date of issuance.
F. 
A temporary certificate of occupancy may be issued if the building or structure, or a designated portion of a building or structure, is sufficiently complete that it may be put to the use for which it is intended.
(1) 
A temporary certificate shall not be issued unless:
(a) 
The structure or portions thereof may be occupied safely;
(b) 
Any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and
(c) 
All required means of egress from the structure have been provided.
(2) 
A temporary certificate shall list the items which remain uncompleted. The Code Enforcement Officer may place special conditions on temporary certificates, as necessary, to ensure safety and to protect the interest of the Village.
(3) 
The effectiveness of a temporary certificate shall be limited to a specified period of time as determined by the Code Enforcement Officer, but in no event longer than two months, during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code.
(4) 
A temporary certificate of occupancy may, at the discretion of the Code Enforcement Officer and upon payment of an additional fee as specified for a temporary certificate of occupancy, be renewed.
G. 
A certificate of occupancy or certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant deficiencies are not corrected within a period of time specified by the Code Enforcement Officer.
A. 
The Code Enforcement Officer shall issue operating permits for conducting the activities or using the categories of buildings listed below:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) of the Fire Code of New York State. (See 19 NYCRR Part 1225.1.)
(2) 
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.
(3) 
Use of pyrotechnic devices in assembly occupancies.
(4) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more.
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Village Board by resolution.
B. 
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall be provided by the Code Enforcement Officer and shall contain sufficient information to permit a determination that quantities, materials and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required as determined by the Code Enforcement Officer.
C. 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
D. 
A single operating permit may apply to more than one hazardous activity as determined by the Code Enforcement Officer.
E. 
Operating permits for areas of public assembly shall be limited to one year. Operating permits for all other occupancies as noted in Subsection A shall be for not more than three years or shall coincide with the schedule of inspections as required by § 42-11 of this chapter.
F. 
Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.
A. 
Fire prevention and property maintenance inspections.
(1) 
Firesafety inspections of buildings or structures having areas of public assembly shall be performed at least once in every 12 months.
(2) 
Firesafety inspections of buildings or structures being occupied as dormitories shall be performed at least once in every 12 months.
(3) 
Fire safety inspections of all other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 36 months.
(4) 
An inspection of a building or dwelling unit may also be performed at any other time upon:
(a) 
The request of the owner, authorized agent or tenant.
(b) 
Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist.
(c) 
Other reasonable and reliable information that such a violation exists.
B. 
All such inspections shall be performed by the Code Enforcement Officer or his duly authorized deputies.
The chief of any fire department providing fire-fighting services for a property within the Village of Wolcott shall notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent, or any fire the origin of which has been traced to the electrical system of any building or structure.
The Village of Wolcott has made provisions for the restoration, demolition or removal of unsafe buildings in Chapter 45 of the Wolcott Village Code.
Bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for administration and enforcement of the Uniform Code shall be investigated by the Code Enforcement Officer. The process for responding to such complaints shall include:
A. 
Provisions for inspection of the conditions and/or activities alleged to be in violation of the code or this chapter.
B. 
Written notification to any offending party and the property owner of any such violation, with a period of time as determined by the Code Enforcement Officer to cause any such violations to be corrected.
C. 
Written notification to the Village Board that a complaint has been received and a violation notice has been issued.
D. 
Upon abatement of a violation, an inspection shall be performed by the Code Enforcement Officer to ensure that the violation has been corrected, and a final written report shall be filed with the complaint.
A. 
Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Code Enforcement Officer shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by registered mail.
B. 
In addition to those penalties prescribed by state law, any person, firm or corporation who violates any provision of the Uniform Code or any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village Board on its own initiative or at the request of the Code Enforcement Officer.
C. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Village Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of, the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
A. 
The Code Enforcement Officer 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 Village Board, and notices and orders issued. 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 regulations.
B. 
The Code Enforcement Officer shall annually submit to the Village Board a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded.
C. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Village Board, on a form prescribed by the Secretary, a report of its activities relative to administration and enforcement of the Uniform Code.