[HISTORY: Adopted by the Board of Trustees of the Village
of Camillus 9-21-1999 by L.L. No.
5-1999. Amendments noted where applicable.]
This chapter shall provide for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (Uniform
Code) in the Village of Camillus. 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.
A.
The office of Code Enforcement Official is hereby created and shall
be administered by an appointee of the Village Board. The Code Enforcement
Official 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 officials.
B.
In the absence of the Code Enforcement Official, 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 Official 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 Official and to exercise any
portion of the powers and duties of the Code Enforcement Official
as directed by him.
D.
The compensation for the Code Enforcement Official, acting Code Enforcement
Official and Inspectors shall be fixed and adjusted as needed by the
Village Board.
E.
The Code Enforcement Official 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 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 Official 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
Camillus or the State of New York.
A.
Permits required; exceptions.
(1)
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 Official.
(2)
No permit shall be required for:
(a)
Necessary repairs which do not materially affect structural
features.
(b)
Alterations to existing buildings, provided that the alterations:
[1]
Cost less than $500.
[2]
Do not materially affect structural features.
[3]
Do not affect firesafety features such as smoke detectors, sprinklers,
required fire separations and exits.
[4]
Do not involve the installation or extension of electrical systems
or plumbing.
[5]
Do not include the installation of solid-fuel-burning heating
appliances and associated chimneys and flues.
B.
Application for permit.
(1)
The application for a building permit, and its accompanying documents,
shall contain sufficient information to permit a determination that
the intended work accords with the requirements of the Uniform Code.
(2)
The form of the permit and the application therefor shall be prescribed
by the Code Enforcement Official. The application shall be signed
by the owner (or his authorized agent) of the building and shall contain
at least the following:
(a)
The full name and address of the owner and, if a corporation,
the name and addresses of the responsible officials.
(b)
An identification and/or description of the land on which the
work is to be done.
(c)
A description of the use or occupancy of the land and existing
or proposed buildings.
(d)
A description of the proposed work.
(e)
Two sets of plans and specifications for the proposed work.
(3)
The Code Enforcement Official may waive the requirement of plans
and specifications when the work to be done involves minor alterations
or is otherwise unnecessary.
(4)
The applicant shall notify the Code Enforcement Official of any changes
in the information contained in the application during the period
for which the permit is in effect. A permit will be issued when the
application has been determined to be complete and when the proposed
work has been determined to conform to the requirements of the Uniform
Code. The authority conferred by such permit may be limited by conditions,
if any, contained therein. Amendments, if any, to the application
or to the plans and specifications accompanying the same shall be
filed with the Code Enforcement Official, and approval shall be received
from the Code Enforcement Official prior to the commencement of such
change of work.
C.
Display; suspension; expiration.
(1)
A building permit issued pursuant to this chapter shall be prominently
displayed on the property or premises to which it pertains.
(2)
A building permit issued pursuant to this chapter may be suspended
or revoked if it is determined that the work to which it pertains
is not proceeding in conformance with the Uniform Code or with any
condition attached to such permit or if there has been misrepresentation
or falsification of a material fact in connection with the application
for the permit.
(3)
A building permit issued pursuant to this chapter shall expire one
year from the date of issuance or upon the issuance of a certificate
of occupancy (other than a temporary certificate of occupancy), whichever
occurs first. The permit may, upon a written request, be renewed for
successive one-year periods, provided that:
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, certificates of occupancy, temporary certificates
of occupancy and for firesafety inspections.
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.
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 more than 30 days after the completion
of the alteration or work unless a certificate of occupancy has been
issued. 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. The owner or his agent shall make application
for a certificate of occupancy.
B.
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. A temporary certificate of occupancy shall expire six months
from the date of issuance or at an earlier date if so specified. A
temporary certificate of occupancy may, at the discretion of the Code
Enforcement Official and upon payment of an additional fee as specified
for a temporary certificate of occupancy, be renewed. The Code Enforcement
Official may place special conditions on a temporary certificate of
occupancy as necessary to ensure safety and to protect the interests
of the Village.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder shall
be inspected for approval prior to enclosing or covering any portion
thereof and upon completion of each stage of construction, including
but not limited to building location, site preparation, excavation,
foundation, framing, superstructure, electrical, plumbing and heating
and air conditioning. It shall be the responsibility of the owner,
applicant or his agent to inform the inspector that the work is ready
for inspection and to schedule such inspection.
(2)
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 an inspection in any court of competent
jurisdiction.
B.
Fire prevention and safety inspections.
(1)
Multiple dwellings shall be inspected for the purpose of determining
compliance with the fire prevention and housing maintenance requirements
of the Uniform Code at least once in every 36 months. Inspections
of such buildings shall include the common areas such as halls, foyers,
staircases, etc., and vacant dwelling units. Where the tenants of
occupied dwelling units allow, the inspection may include such units.
(2)
Firesafety inspections of buildings or structures having areas of
public assembly, as defined in Part 606 of Title 9 of the Official
Compilation of Codes, Rules and Regulations, shall be performed at
least once in every 12 months.
(3)
All other buildings, uses and occupancies (except one- or two-family
dwellings) shall be inspected at least once in every 24 months.
(4)
An inspection of a building or dwelling unit may also be performed
at any other time upon:
(5)
Such inspections shall be performed by the Code Enforcement Official.
A.
Upon a determination that a violation of the Uniform Code or this
chapter exists in, on or about any building premises, the Code Enforcement
Official 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 Building and Firesafety
Inspector, 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 Official.
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 Official.
Whenever the Code Enforcement Official has reason to believe
that the work on any building or structure is being performed in violation
of the provisions of the applicable building laws, ordinances, rules
or regulations, or not in conformity with the provisions of an application
or in an unsafe and dangerous manner, he shall notify the owner of
the property, or the owner's agent, to suspend all work and suspend
all building activities until the stop-work order has been rescinded.
Such order and notice shall appear in writing, shall state the conditions
under which the work may be resumed, and may be served upon the person
to whom it is directed either by delivering it personally to him or
by posting the same upon a conspicuous portion of the building where
the work is being performed and sending a copy of the same to him
by registered mail at the address set forth in the application for
the permission for the construction of such building.
A.
The Code Enforcement Official 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 regulation.
B.
The Code Enforcement Official 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.
